Thank you for your interest in the NiceDay application. NiceDay has been developed by Sense Health b.v., and this is a legal agreement between you and Sense Health b.v. (further referred to as Sense) regarding the use of the services offered to you (collectively, the Sense services).

By your action of registering for and/or using Sense services, you signify your agreement to these Terms of Use and our Privacy Policy and consent to allow Sense to communicate with you electronically regarding its services.

Modifications to the Terms of Use

We may make changes to the Terms of Use from time to time. A link to the most current Terms of Use will be available from the NiceDay App and we will indicate the date of the “Latest Update” at the top of the Terms of Use. Your continued use of the Sense services following the posting of such changes constitutes your acceptance of the amended Terms of Use.

Requirements for Use of the Sense services

Sense services are available for individuals aged 18 years or older.

Precautions

Content found in the Sense services is for informational purposes only and is not intended to replace the relationship between you and your physician or other medical provider. We are not a licensed medical care provider and have no expertise in diagnosing, examining or treating medical conditions of any kind. Not all exercises or activities described on the Sense services are suitable for everyone.

We try to provide helpful and accurate information, but if you rely on any information provided by Sense, its employees, or others appearing on or contributing content to the Sense services, you do so solely at your own risk.

User Generated Content

Data you submit to the Sense services (collectively “User Generated Content”) is subject to the Sense privacy policy and the privacy settings you select within the Sense services for as far as these are available. You can find a copy of the privacy policy in the different apps and websites that Sense provides.

Registration and Password

You are responsible for maintaining the confidentiality of your login information and password. You shall be responsible for all uses of your login information, whether or not authorized by you. Sense does not assume any responsibility or liability for any information submitted by someone who has fraudulently accessed your Sense account or for any third party’s fraudulent use or misuse of information submitted by you.

Ownership of the Sense services

Except for the User Generated Content and personal data as defined in the privacy policy, the Sense services and all aspects thereof, including all copyrights, trademarks, and other intellectual property rights therein, are owned by Sense or its licensors. You may not reproduce, distribute, modify or create derivative works of, publicly display (including by framing any content), or commercially exploit any part of the Sense services except as necessary to view the content therein and to create a reasonable number of copies of portions of such content (without modification).

User Conduct

If we determine that any user is not using the Sense services responsibly, we have the right (but not the obligation) to remove, edit, block, or delete such user’s transmissions or use of the Sense services.

Changes to Sense Services

Sense may change or discontinue, temporarily or permanently, any feature or component of the Sense services at any time without further notice. You agree that Sense shall not be liable to you or to any third party for any modification, suspension or discontinuance of any feature or component of the Sense services.

Third Party Services

The Sense services may provide links or references to websites operated by third parties. We do not monitor or investigate such websites and we are not responsible for the content, functionality or practices of such websites.

Content and Warranty disclaimer and limitation of liability

The services are provided as is by Sense and its affiliates. Neither Sense nor its partners or affiliates make any warranties of any kind as to the operation of the services or information provided through the services.

Use of NiceDay outside of a certified treatment setting should be performed at the user’s own risk. Within a certified treatment setting NiceDay only serves to complement the practitioner’s expertise, and when conflicts arise the practitioner’s opinion prevails. In no event will Sense be liable for damages arising out of the use of or the inability to use the services.

General

The Terms of Use and the resolution of any dispute related to the Terms of Use or the Sense services shall be governed by and construed in accordance with Dutch law without respect to its conflict of laws principles. These terms and conditions constitute the entire agreement between you and Sense with respect to the subject matter herein and supersede any and all prior or contemporaneous oral or written agreements. You may not assign this agreement to any other party and any attempt to do so is void.