Terms and Conditions

Version: feb. 2019

The service “Practiceflow” is offered over the internet in the form of Software-as-a-Service by the company Automationsoft BV. The use of Practiceflow is subject to the below terms and conditions. Using Practiceflow constitutes acceptance of these terms and conditions. Deviations from these terms and conditions is possible only by means of written confirmation by Automationsoft BV.

Article 1. Use of the service
1.1. Practiceflow is practice management software for integrative of functional medicine practice.
1.2. To use Practiceflow, you first need to register. After completing registration, you can directly log into your account and use the servce.
1.3. You must secure access to your account using the username and password against third parties. In particular you must keep the password strictly confidential. Automationsoft BV may assume that all actions undertaken from your account after logging in with your username and password is authorized and supervised by you. This means you are liable for these actions, unless and until you have notified Automationsoft BV that someone else knows your password.
1.4. Practiceflow processes your personal data. You give your consent for all forms of processing within the scope of the service. Consult the privacy statement of Automationsoft BV for more information.
Article 2. Terms of use
2.1. It is not permitted to use Practiceflow for any purpose that violates Dutch or other applicable law or regulation. This includes (among others) the storage or transmission of data using the service that is slanderous, libelous or racist.
2.2. Should Automationsoft BV discover that you violate any of the above, or receive a complaint alleging the same, Automationsoft BV will issue a warning. If the warning does not lead to an acceptable resolution, then Automationsoft BV may intervene to end the violation. In urgent of serious cases Automationsoft BV may intervene without warning.
2.3. If in the opinion of Automationsoft BV the continued functioning of the computer systems or network of Automationsoft BV or third parties is actually or under threat of being damaged or jeopardized, for example through excessive transmission of e-mail or other data, leaks of personal data or virus activity, Automationsoft BV may take all steps it deems reasonably necessary to end or avert such damage or jeopardy.
2.4. Automationsoft BV is at all times entitled to file a criminal complaint for any offenses committed through or using the service.
2.5. Automationsoft BV may recoup from you all damages it suffers as a result of your violation of these terms of use. You agree and hold harmless Automationsoft BV from all third-party claims arising out of your violation of these terms of use.
Article 3. Availability and maintenance
3.1. Automationsoft BV uses its best efforts to have the service available at all times but makes no guarantees about uninterrupted availability.
3.2. Automationsoft BV actively maintains Practiceflow. In case maintenance is reasonably expected to negatively impact availability, Automationsoft BV shall carry out such maintenance at night (between 23:00 and 07:00 local time). Maintenance is announced in advance whenever possible. Emergency maintenance can take place at any time and without prior announcement.
3.3. Automationsoft BV may from time to time adapt Practiceflow. Your feedback and suggestions are welcome but ultimately Automationsoft BV decides which adaptations to carry out (or not).
Article 4. Intellectual property
4.1. The service Practiceflow, the accompanying software as well as all information and images on the website is the intellectual property of Automationsoft BV. None of these items may be copied or used without prior written permission of Automationsoft BV, except and to the extent permitted by mandatory law.
4.2. Information you store or process using the service is and remains your property (or the property of your suppliers or licensors). Automationsoft BV receives a limited license to use this information for the service, including for future aspects thereof. You can cancel this license by removing the information in question and/or terminating the agreement.
4.3. If you send information to Automationsoft BV, for example a bug report or suggestion for improvement, you grant Automationsoft BV a perpetual and unlimited license to use this information for the service. This does not apply to information you expressly mark as confidential.
4.4. Automationsoft BV shall refrain from accessing data you store or transfer using Practiceflow, unless this is necessary for a good provision of the service or Automationsoft BV is forced to do so by law or order of competent authority. In these cases Automationsoft BV shall use its best efforts to limit access to the information as much as possible.
Article 5. Compensation for the service
5.1. The use of certain functions of Practiceflow is subject to fees. The functions in question will inform you of the fees. The fee is due every month and must be paid in advance.
5.2. Payment is possible through direct debit order, or as explained further on the website.
5.3. Because the service is started directly at your express request, a payment cannot be refunded under the Distance Selling Act.
Article 6. Limitation of liability
6.1. Except in case of intentional misconduct or gross negligence the liability of Automationsoft BV shall be limited to the amount paid by you in the three months prior to the moment the cause of the damage occurred.
6.2. Automationsoft BV in no event is liable for indirect damages, consequential damages, lost profits, missed savings or damages through business interruption.
6.3. Damages may only be claimed if reported in writing to Automationsoft BV at most two months after discovery.
6.4. In case of force majeure Automationsoft BV is never required to compensate damages suffered by you. Force majeure includes among others disruptions or unavailability of the internet, telecommunication infrastructure, power interruptions, riots, traffic jams, strikes, company disruptions, interruptions in supply, fires and floods.
Article 7. Term and termination
7.1. This agreement enters into force as soon as you first use the service and then remains in force for a month.
7.2. After this period the agreement is silently renewed with successive terms of the same period. If you entered into this agreement as a consumer, you may after the first silent renewal terminate the agreement at any time with a notice period of one month, calculated from the moment of the notice. Non-consumers can terminate the agreement by the end of the term indicated in the previous clause with a notice period of one month.
7.3. Automationsoft BV is entitled to terminate the agreement if you have not used the service at all in the last 18 months. In such an event Automationsoft BV shall first send a reminder mail to the e-mail address connected to your account.
7.4. You can export the you store or process using the service at any time through the service interface.
Article 8. Changes to terms
8.1. Automationsoft BV may change or add to these terms and conditions as well as any prices at any time.
8.2. Automationsoft BV shall announce through the service changes or additions at least thirty days before their taking effect.
8.3. If you do not want to accept a change or addition, you can terminate the agreement until the date the changes take effect. Use of Practiceflow after the date of effect shall constitute your acceptance of the changed or added-to terms and conditions.
Article 9. Personal data of you and your customers
You can fill in personal details of others, such as address details and contact details of your contacts or medical details, in practiceflow. Because you enter this personal information with us, we and you must comply with the General Data Protection Regulation (AVG). To comply with the AVG, we agree the following:
From a legal point of view, you are responsible for processing the personal data that you enter with us. You are then the controller. We are the processor here. According to the AVG, it is necessary for us to conclude a processing agreement with each other. Based on this processing agreement, we will only process the personal data that you enter with us if you give us the order for it. You give us this assignment by agreeing to these terms and conditions.
Read our processor agreement
You are personally responsible for the personal data that you enter in your user account. You must comply with the applicable legislation and legal requirements. If you do not meet these requirements and we are held liable by a third party for any damage, you immediately indemnify us and you indemnify us for any liability.
In order to protect the personal data mentioned above, we have taken all measures within our control, such as secure SSL encryption of data traffic, SSL and HTST. Our servers are on Dutch territory and are subject to Dutch legislation.
We and you ensure that anyone who has access to the personal data mentioned above will not share it with others and keep it secret. Unless we are obliged to do so by a statutory regulation.
Article 10. Miscellaneous provisions
10.1. Dutch law applies to this agreement.
10.2. Except to the extent determined otherwise by mandatory applicable law all disputes arising in connection with Practiceflow shall be brought before the competent Dutch court for the principal place of business of Automationsoft BV.
10.3. For any clause in these terms and conditions that demand that a statement must be done “in writing” to be legally valid, a statement by e-mail or communication through the Practiceflow service shall be sufficient provided with sufficient certainty the authenticity of the sender can be established and the integrity of the statement has not been compromised.
10.4. The version of any communication of information as recorded by Automationsoft BV shall be deemed to be authentic, unless you supply proof to the contrary.
10.5. In case any part of these terms and conditions are declared legally invalid, this shall not affect the validity of the whole of the agreement. The parties shall in such an event agree on one or more replacement provisions that approximate the original intent of the invalid provision(s) within the limits of the law.
10.6. Automationsoft BV is entitled to transfer its rights and obligations under this agreement to a third party as part of an acquisition of Practiceflow or the associated business activities.

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