Version date: June 2023
This End User License Agreement (hereinafter referred to as the “EULA”) is a legal agreement
between you and Orikami BV (“Orikami”). This EULA governs your use of the Orikami app (as
defined below). By downloading and using the Orikami app, you agree to the terms of this EULA.
In this EULA, (i) words in the singular shall be held to include the plural and vice versa, (ii) the terms
“hereof,” “herein,” and “herewith” and words of similar import shall, unless otherwise stated, be
construed to refer to this EULA as a whole and not to any particular provision of this EULA, (iii) the
word “including” and words of similar import when used in this EULA shall mean “including, without
limitation,” unless otherwise specified, and (iv) the word “or” shall not be exclusive. With respect to
each provision of this EULA pursuant to which Orikami has rights, such rights shall be deemed to
be granted to Orikami.
Orikami makes the Orikami app available to you in the framework of a service to you as patient
of your healthcare professional that provided you with details on how to register for an account on the
Orikami app (the “Orikami customer”). The Orikami customer is your healthcare
professional. The Orikami app usage is made available to you by Orikami at the direction of
your healthcare professional.
You confirm that (a) you are an end user of the Orikami app authorized to use the Orikami app
by the Orikami customer and (b) you are of legal age and authorized to enter into this EULA.
This EULA governs the use of a mobile application denominated “Orikami app” and all related
applications, user interfaces and databases provided in the framework of such application by Orikami (the “Orikami app”).
The Orikami app includes and/or is linked to software applications, user interfaces and databases
owned by or licensed to Orikami. All elements of the Orikami app are protected by copyright
and other intellectual property rights. The Orikami app is licensed to you, not sold. Subject to the
terms of this EULA, Orikami grants you a limited, non-exclusive, personal, non-transferable license
(without the right to sublicense) to use the Orikami app, solely for your use to the extent permitted
by and for the term of this EULA. Unregistered use, reproduction and distribution of the Orikami app is not permitted, is in violation of applicable copyright and other intellectual property laws and may
be subject to civil actions and criminal sanctions. You are specifically prohibited from making or
distributing any copies of, to reverse engineer, decompile, disassemble, modify, or translate the Orikami app. All rights of any kind in the Orikami app and all other rights of Orikami, which are
not expressly granted in this EULA, are entirely and exclusively reserved to Orikami. You must not
alter or remove any of Orikami’s or its licensors’ copyright or proprietary rights notices or legends
appearing on the Orikami app.
You must not give access to the Orikami app to any third party, nor are you authorized to make the
output generated by the Orikami app or the results of any performance or functional evaluation of
the Orikami app available to any third parties except for your healthcare professional.
Without limiting any other provision of this EULA, the following rules apply to your use of the Orikami app. You will ensure that the device with which you access and use the Orikami app is
kept secure at all times, including by providing access to your device only through a secure password.
In addition, you will not:
“harvest” (or collect) – other than your own – information from the Orikami app using an
automated software tool or manually on a systematic basis (unless Orikami has given you
separate written permission to do so). This includes, for example, information about other
users of the Orikami app;
use automated means to access the Orikami app, or gain unauthorized access to the Orikami app or to any account or computer system connected to the Orikami app;
“stream catch” (download, store or transmit copies of streamed content);
obtain, or attempt to obtain, access to areas of the Orikami app that are not intended for
access by you;
“flood” the Orikami app with requests or otherwise overburden, disrupt or harm the Orikami app;
restrict or inhibit another user or users from using the Orikami app; or
use the Orikami app to share any sensitive, confidential or proprietary information.
In addition you agree not – to the maximum extent permitted by applicable law – , and shall not permit
any third party to:
copy, reproduce or distribute the Orikami app and or related software;
assign, sub-license, lease, rent, loan, transfer, disclose, or otherwise make available the Orikami app and related software;
modify, adapt, alter, translate, or create derivative works from any portion of the Orikami app and related software; or
reverse assemble, decompile, disassemble or otherwise attempt to derive source code of the
Orikami app and related software.
Orikami has the right to deny or suspend your access to the Orikami app or to any features or
portions of the Orikami app at any time at its sole discretion, without being obliged to notify you in
advance or state any reason for doing so.
The Orikami app may contain or be derived from materials of third party licensors. Such third party
materials may be subject to restrictions and terms in addition to those listed in this EULA. You agree to
comply with all such restrictions and terms if and when they are made available to you.
You are responsible for maintaining the confidentiality of your credentials (ID and password) and you
are fully responsible for all activities performed with your account. You agree to (a) if applicable,
immediately change your password in the event of any breach of security, (b) notify the Orikami customer and Orikami if you have experienced a breach of security, and (c) not share your
username and password with any third party.
You acknowledge and agree that Orikami, licensors, service providers, and suppliers are permitted
at any time and without prior notice to remotely push software updates, enhancements, changes,
modifications, additional functionality or bug fixes to the Orikami app. You hereby consent to the
foregoing and, to the extent permitted by applicable law, release Orikami, licensors, service
providers, and suppliers from any and all liability arising from or relating to such action.
Your use of the Orikami app is free of charge, subject to any fees that may be charged on the
basis of the agreement between Orikami and the Orikami customer or third party.
You may incur additional fees or costs from third party providers in connection with your use of the Orikami app, such as internet or telecommunications network usage, SMS, short code or other
transmission fees, charges or taxes. Orikami will in no event be liable for any such fees or costs.
Except as otherwise stated in this EULA, your use of the Orikami app is subject to Orikami’s
Privacy Statement available at www.orikami.ai. When you register and use the Orikami app, you agree that Orikami may collect:
your medial testing results as shared by you solely for medical use related to your health
by your healthcare professional,
and the times, duration and extent of your accessing and using the Orikami app.
For sake of clarity Orikami does not collect or process any personal data from you except for
usage by your healthcare professional. All data are end-to-end encrypted for sole processing between
patient and healthcare professional.
Orikami BV as producer to offer the maintenance of the Orikami app may use your
anonymized test results – and not your personal data – for the performance, monitoring and continuous
improvement of the Orikami app, as well as the collection of statistical information for the Orikami. customer.
Orikami may upon prior consent by you – by checking the box- share your measurement data with
your healthcare professional for the permitted purposes, always subject to appropriate data security
and contractual safeguards in place as prescribed by applicable data protection laws.
Orikami assumes no responsibility for the deletion of data, loss of data or failure to store data. Orikami has no obligation to monitor the use of the Orikami app and/or data transmitted or stored
through the Orikami app. To the maximum extent possible under applicable law and
notwithstanding the provisions of this EULA, Orikami reserves the right at all times to monitor,
review, retain and/or disclose any data or other information as necessary to satisfy any applicable law,
regulation, legal process, or governmental request, or to investigate any suspected breach of this
5. TERM AND CANCELLATION; MODIFICATIONS TO ORIKAMI APP.
This EULA is effective upon your acceptance and will continue for as long as you continue to use the
Orikami app or, if earlier, until (a) the Orikami customer directs Orikami to terminate your
use of the Orikami app, (b) Orikami terminates this EULA or your use of the Orikami app
pursuant to the terms hereof, or (d) this EULA otherwise terminates in accordance with its terms.
Further, Orikami may terminate this EULA and/or your use of the Orikami app at any time in its
sole discretion, with or without cause, effective immediately. You may terminate this EULA at any time
upon written notice to Orikami. Upon termination of this EULA, the license granted hereunder will
terminate and you must stop all use of the Orikami app immediately. Orikami reserves the right
at any time and from time to time to modify or discontinue, temporarily or permanently, the Orikami app (or any part thereof) with or without notice. You agree that Orikami will not be liable to you or
to any third party for any modification, suspension or discontinuance of the Orikami app. You agree
to comply with all local, state, federal, national, and other laws, statutes, rules, ordinances, and
regulations that apply to your use of the Orikami app.
6. WARRANTY DISCLAIMERS AND LIABILITY LIMITATIONS; INDEMNITY.
To the fullest extent permitted by law the Orikami app is provided “as is” and “as available”, with all faults and with no warranties or representations of any kind, and Orikami expressly disclaims any express, statutory or implied warranties, including warranties of non-infringement, merchantability and fitness for a particular purpose. The entire risk arising out of the use, performance or non-performance of the Orikami app remains with you. To the fullest extent permitted by law Orikami disclaims any representations or warranties relating to the Orikami app, including with respect to its security, reliability, timeliness, accuracy, or performance. No oral or written information or advice given my Orikami or its representatives (as defined below) will create a representation or warranty.
You expressly understand and agree that Orikami disclaims any and all responsibility or liability relating to or arising from, and you agree that Orikami will have no responsibility or liability relating to or arising from, and, to the extent permitted by applicable law, you hereby irrevocably release Orikami and its representatives from all responsibility and liability relating to or arising from (1) the inaccuracy, incompleteness, illegality, unreliability, inoperability or unavailability of any content or information or material provided by or accessible through the Orikami app; (2) the Orikami app, including the use of or inability to use the Orikami app; (3) the deletion, failure to store, misdelivery, or untimely delivery of any information or material; (4) breaches of security; (5) any other failure to perform by Orikami; and (6) damage, injury, or loss of life or damage to property.
If Orikami should nevertheless be found liable, whether directly or indirectly, for any losss, damage, claim or injury relating to the Orikami app or this EULA or otherwise, regardless of cause or origin, on any basis whatsoever (including breach of contract, warranty, negligence, strict liability in tort or otherwise), its aggregate liability is limited to euro 100,- (one hundred euro), which will be the complete and exclusive remedy against Orikami and its representatives. In addition, in no event will Orikami or its directors, shareholders, officers, employees, affiliates, contractors, agents, subsidiaries, licensors, service providers, or suppliers (collectively, “representatives”) be liable for any indirect, incidental, consequential, special, statutory, exemplary or punitive damages whatsoever, even if advised of the possibility of such damages. To the fullest extent permitted by applicable law, the limitations and exclusions in this section will apply whether liability is alleged t arise from breach of contract indemnity, warranty, tort, operation of law, or otherwise.
Under no circumstances will Orikami be liable for any harm resulting from downloading or accessing any information or material through the Orikami app, any delay or failure in performance resulting directly or indirectly from acts of nature or causes beyond Orikami’s reasonable control, including internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortage of labor or materials, fires, floods, storms, explosions, acts of god, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
By using the Orikami app, you agree, to the fullest extent permitted by law, to indemnify and hold Orikami and its representatives harmless from and against any claims arising out of your breach of this EULA or your unauthorized use of or access to the Orikami app.
You acknowledge that the availability of the Orikami app is dependent on your device, your internet service provider, your mobile device carrier, wifi networks used by you and/or other equipment and services provided by you or persons other than Orikami and you acknowledge that you are responsible for all fees associated with such equipment and services and for compliance with any agreements related to such equipment and services. You further acknowledge that Orikami and any network service providers cannot guarantee the security of any wireless transmission and will not be liable for any lack of security relating to the use of the Orikami app. You agree that you will not resell any of the services provided to you as part of the Orikami app. Orikami will have no liability for any personal injury, property damage or any other loss or damages based on a claim that the Orikami app failed or otherwise relating to the Orikami app, and you hereby release Orikami and its representatives from all such liability. Orikami makes no guarantee that the Orikami app will be compatible with all devices.
The failure of Orikami to enforce at any time any of the provisions of this EULA will not be
construed to be a continuing waiver of any provisions hereunder nor will any such failure prejudice the
right of Orikami to take any action in the future to enforce any provisions hereunder. No waiver by
Orikami will be valid unless contained in a writing executed by Orikami specifically referring to
Software and technical information delivered under this EULA may be subject to export control laws
and export or import laws, rules and regulations of other countries. You agree to strictly comply with all
such laws, rules and regulations, and you will be solely responsible for obtaining any import, export,
re-export approvals and licenses required for such software any technical information, and retaining
documentation to support compliance with those laws, rules and regulations. You represent and
warrant that you are not located in a country that is subject to a U.S. Government embargo or that has
been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed
on any U.S. Government list of prohibited or restricted parties.
This EULA will be construed according to the laws of The Netherlands, without regard to conflict of law
principles. Exclusive venue will be the courts of the city of Amsterdam, The Netherlands.
The parties specifically exclude from application to this EULA the United Nations Convention on
Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act
and any regulations promulgated thereunder, as well as any state, foreign or other laws or regulations
implementing or based on any of the foregoing. It is understood and agreed that, notwithstanding any
other provisions of this EULA, breach of any provision of this EULA by you will cause Orikami
irreparable damage for which recovery of money damages alone would be inadequate, and that Orikami will therefore be entitled to obtain timely injunctive relief, without posting of any bond or
security, to protect Orikami’s rights under this EULA in addition to any and all other remedies
available at law or in equity.
This EULA forms the entire agreement between you and Orikami with respect to the subject matter
hereof and thereof and supersede in their entirety any and all oral or written agreements or
understandings previously existing between you and Orikami with respect to such subject matter.
Sections 6 (Warranty Disclaimers and Liability Limitations; Indemnity), 7 (No Guarantee), this Section
8 (Miscellaneous) and 9. (Apple Device Terms; Third Party Beneficiary) and the rights of Orikami,
its Representatives and their respective successors and assigns with respect to all of the foregoing,
shall survive the expiration or termination of this EULA, as will each other provision of this EULA that
by its nature should survive such expiration or termination.
Neither this EULA nor any of the rights, interests or obligations provided by this EULA may be
delegated or assigned by you without the prior written consent of Orikami. Orikami may assign
or transfer this EULA, in whole or in part, in its sole discretion without notice or consent. This EULA will
(i) be binding upon and inure to the benefit of you and Orikami and the respective successors,
permitted assigns, heirs, and personal Representatives, as applicable, of you and Orikami and (ii)
inure to the benefit of Orikami’s Representatives.
Orikami reserves the right to amend this EULA at any time and to add new or additional terms or
conditions on your use of the Orikami app. Orikami may provide notices to you with respect to
this EULA or the Orikami app by any means reasonably sufficient to provide you with written
notice, including by sending an email to your email address or by a posting on the Orikami app.
Such amendments and new or additional terms and conditions will be effective immediately and
deemed incorporated into this EULA. By your continued use of the Orikami app after such written
notice, you will be deemed to have accepted all amendments to this EULA contained in this written
Notices provided by Orikami shall become effective immediately.
If any provision of this EULA is held invalid or unenforceable, such provision will be deemed revised to
the minimum extent necessary to make it valid and enforceable. Any such invalidity or unenforceability
will not affect any other provision and all such other provisions will remain in full force and effect
without change or modification thereof. You consent to the exclusive use of the English language in
this EULA, as well as in all communications from Orikami.
Your use of the Orikami app is subject to the customer’s policies and rules applicable to you in
addition to the terms and conditions of this EULA. In no event will Orikami be deemed to be
providing the Orikami app, including the Orikami app or any services, to you in your capacity
as an individual or consumer but rather shall be deemed to provide the Orikami app to you solely
on behalf of the customer at the request of the customer.
9. APPLE DEVICE TERMS; THIRD PARTY BENEFICIARY
This Section applies to you only if you use the Orikami app on an Apple device (e.g., iPhone, iPad,
iPod Touch) (any such device, an “Apple Device”); this section does not apply to you if you do not use
the Orikami app on an Apple Device. The parties acknowledge that this EULA is concluded solely
between Orikami and you, and not with Apple, and Apple is not responsible for the Orikami app
and the content thereof. The license set forth in this EULA is limited to a non-transferable, revocable,
non-sublicensable license to use the Orikami app on any Apple-branded products that you own or
control. Any support that may be offered by Orikami in connection with the Orikami app is
solely the responsibility of Orikami and it is acknowledged by the parties that Apple has no
obligation whatsoever to furnish any maintenance and support services with respect to the Orikami app. The parties acknowledge that Apple has no obligation to furnish any warranty with respect to the
Orikami app. To the maximum extent permitted by applicable law, Apple will have no other
warranty obligation whatsoever with respect to the Orikami app. The parties acknowledge that
Apple is not responsible for addressing product claims. Apple is not responsible for addressing any
claims of any end-user or any third party relating to the Orikami app or the end-user’s possession
and/or use of that Orikami app, including: (i) product liability claims; (ii) any claim that the Orikami app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising
under consumer protection or similar legislation. The parties acknowledge that, in the event of any
third party claim that the Orikami app or your possession and use of the Orikami app infringes
that third party’s intellectual property rights, Apple will not be responsible for the investigation, defense,
settlement and discharge of any such intellectual property infringement claim.
Complaints, questions or claims with respect to the Orikami app should be directed to Orikami
at the following address: Orikami BV with address Ridderstraat 29, 6511 TM Nijmegen, The
Netherlands or email@example.com.
The parties acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries
of this EULA, and that, upon your acceptance of the terms and conditions of this EULA, Apple will
have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a
third party beneficiary thereof.