Terms of Use

You – as a Data Holder – have been invited to make data available through this cloud-based software solution ("Subscription Services"). The use of the Subscription Services by you is subject to the following terms and conditions (“Terms of Use”):
1. Registration and User Information
You agree that each person that you allow access to the Subscription Services:
Provides accurate, current, and complete user information as requested during registration (“User Information”).
Promptly updates the User Information in the event of any changes.
Sets a strong password (as described in the registration process).
Keeps this password secure, preferably in a password manager approved by your organization.
Stores cryptographic keys in an appropriate secure location.
Does not share the User Information (including usernames and passwords) with any person.
Reports at support@rosemanlabs.com theft or loss of User Information (including a password) as soon as possible, within 24 hours of the event at the latest.

2. Use of Subscription Services
With regard to the use of the Subscription Services, you – and any person that you allow access to the Subscription Services – shall:
Adhere to the terms and conditions as set out in the Terms of Use.
Only use the Subscription Services on behalf of your organization and only for its intended use.
Not distribute spam, viruses, malware or other inappropriate messages or information through the Subscription Services.
Not use the Subscription Services for any unlawful or illegal activity.
Not attempt to gain unauthorized access to, or disrupt the integrity or performance of the Subscription Services.
Not access the Subscription Services with an intention to probe, scan or test the vulnerability of any systems or networks, or to breach or circumvent any security or authentication measures, unless with prior written consent.
Not circumvent or interfere with the security of the Subscription Services.
Not create derivative works, decompile, decrypt, disassemble, modify, or reverse engineer the Subscription Services in any way.
Not use any intellectual property rights and or proprietary materials contained in or accessible through Subscription Services for the purpose of building a competitive or similar product or service, or copying its features or user interfaces.
Not delete or alter any disclaimers, warning, copyright or other proprietary notices accompanying the Subscription Services.
Ensure that the devices used to access Subscription Services are kept up to date and configured securely in line with common practice.

3. Data Privacy
Data processed by the Subscription Services may contain personal health information (“PHI”). This includes any sensitive information related to physical or mental health, medical history, medical conditions, treatments, or any other health-related data.
You agree that the disclosure of PHI in any public or non-secure areas may expose subjects to potential privacy risks. You acknowledge and accept the responsibility in safeguarding this PHI. This includes the proper management of your User Information, refraining from sharing PHI and other sensitive information in insecure settings, and promptly reporting any suspected unauthorized access or data breaches.
You agree to ensure that the integrity of all health information that is made publicly available is safeguarded. For specifically this information, the authorship information should be transparent, and the integrity safeguarded as well. This is a requirement stemming from the NEN 7510 healthcare norm.
If you are a controller or processor for the personal data involved in this collaboration, you agree to determine the data protection role, i.e. controller, joint-controller or processor, and their respective obligations under applicable data protection laws, such as the GDPR, and ensure compliance with these roles and obligations. In addition, assist the other parties involved to comply with their respective roles and obligations accordingly.
Unless stipulated differently in the Data Processing Agreement (or Joint-Controllership Agreement – if applicable), you accept full responsibility and liability for all aspects of data processing carried out through the use of the Subscription Services. This includes but is not limited to data collection, storage, processing, and sharing in compliance with applicable data protection laws and regulations.
Prior to using the Subscription Services for data processing activities involving joint controllership or collaboration, you agree to enter into separate legal agreements as required by the GDPR such as a Data Processing Agreement or Collaboration Agreement to outline respective responsibilities, obligations, and liabilities regarding data processing activities, and conduct a Data Protection Impact Assessment.

4. Miscellaneous
The Subscription Services are provided on an as-is, where-is basis, and other then as specified in this Agreement no commitments, representations, warranties, conditions and covenants are made, either express or implied (including without limitation, any express or implied warranties or conditions of fitness for a particular purpose, merchantability, satisfactory quality, durability, accuracy or non-infringement) arising out of, or related to, the Subscription Services.
You hereby irrevocably grant Roseman Labs B.V. the right (and not the obligation) to seek performance of each of your obligations hereunder, and Roseman Labs B.V. may do so whether on behalf of the entity that granted you access to the Subscription Services, or for the benefit of itself. This right of Roseman Labs is granted by you without consideration, and you agree that this right does not require the subsequent acceptance thereof by Roseman Labs B.V.
Any access to an account can be temporarily or permanently suspended, for example, when a user acts in violation of these Terms of Use in the opinion of Roseman Labs. When this happens, Roseman Labs will explicitly notify you with a description of the observed misuses.
Roseman Labs collects information about the use of the Subscription Services, in particular which account logs in at which point of time using which IP-address.
Roseman Labs B.V. shall not be liable towards you for any loss or damage incurred by you as a result of the Subscription Services, whether for negligence, breach of contract, tort, misrepresentation or otherwise. You agree to indemnify and defend Roseman Labs and hold Roseman Labs B.V. harmless in full from and against any and all damages, liabilities, claims, or expenses which Roseman Labs may incur or be liable for arising out of or in connection with any claim in relation to the Subscription Services.
These Terms of Use, and any and all disputes, controversies or claims arising out of or in relation to this Terms of Use shall be exclusively governed by, and interpreted in accordance with, the laws of the Netherlands, excluding its conflict of law rules. The Vienna Convention on International Sales of Goods 1980 (CISG) does not apply. Any disputes, controversies and claims arising out of or in connection with this Agreement and/or any further contracts resulting therefrom, shall be finally settled by the competent court of Amsterdam, the Netherlands.
For more information, refer to the privacy policy on our website.