Last updated: December 2024
Article 1: Object
Summary: these General Conditions of Use define the conditions under which you may access and use the Koios Care wellness device and associated services.
These General Conditions of Use (“GCU” or “Terms”) define the conditions under which you (the “User” or “you”) may access and use the Koios Care wellness device and any associated mobile application or services (collectively, the “Koios Care Service” or “Service”) offered by Koios Care BV (“Company,” “we,” “us,” or “our”).
Use of the Koios Care Service is only possible if you accept these GCU.
By accessing or using the Koios Care Service, you agree to these Terms and Conditions of Use; if you do not agree, please do not use the Koios Care Service.
Article 2: Definitions
Koios Care BV (or “we” or “us”): refers to the company Koios Care BV, a Belgian company with registered office at Filip Williotstraat 9, 2600 Antwerpen, with VAT number BE0786.830.148.
GCU: these General Conditions of Use.
User (or “you”): the natural person using the Koios Care Service for personal wellbeing purposes.
Koios Care Service (or “Service”): refers to the Koios Care wellness device, its associated mobile application(s), software, content, and any related services provided by the Company for personal wellbeing.
Biometric Data: refers to heart rate variability, skin temperature, activity levels, sleep patterns, and electrothermal activity collected through the Koios Care device and/or app.
Content: specifically refers to all texts, information, graphics, images, videos, audio files, illustrations, data, interfaces, trademarks, logos, and computer codes of the Koios Care Service.
Article 3: Warning — not a medical device
The Koios Care Service is a wellness device intended for general wellbeing purposes only. It is not a medical device and is not intended to diagnose, treat, cure, mitigate, or prevent any disease, illness, or medical condition.
The Koios Care Service does not support emergency situations and should not be used as a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read or interpreted from the Koios Care Service.
Please read any user manuals or instructions provided with the Koios Care Service carefully.
Article 4: Service description — intended use
The Koios Care Service is designed to provide Users with insights and tools to support their personal wellbeing journey. This may include:
- Tracking of Biometric Data and lifestyle factors
- Providing personalised information and feedback based on the data collected
- Offering wellness programs, exercises, or suggestions
- Supporting Parkinson’s disease symptom tracking through the Parkiwatch application
The information provided by the Koios Care Service is intended to support your wellbeing choices but does not constitute medical advice.
Article 5: Biometric Data collection and use
(a) Purpose of collection and use
We collect and process your Biometric Data solely for the following purposes:
- To provide the core functionalities of the Koios Care Service, such as tracking your sleep patterns to offer sleep quality insights and monitoring activity levels to suggest wellness goals
- To personalise your user experience within the Koios Care Service
- For internal analysis to improve the Koios Care Service’s functionality, features, and user experience, provided such data is anonymised or pseudonymised where feasible
- To support Parkinson’s disease symptom tracking and quality of life assessment
We will not collect, use, or store your Biometric Data for any purposes other than those disclosed in these Terms and our Privacy Policy without your explicit consent.
(b) Explicit consent
Your use of the Koios Care Service and its features that collect Biometric Data constitutes your explicit consent to the collection, processing, use, and storage of your Biometric Data as described in these Terms and our Privacy Policy.
You will be asked to provide explicit consent before any Biometric Data is initially collected. You can withdraw your consent at any time by contacting us at info@koios.care. Withdrawing consent may limit or disable certain features of the Koios Care Service.
(c) Storage and security
We are committed to protecting your Biometric Data. We implement commercially reasonable technical, administrative, and physical security measures designed to protect your Biometric Data from unauthorised access, use, disclosure, alteration, or destruction. Details regarding our security practices are further outlined in our Privacy Policy.
(d) Data retention and deletion
We will retain your Biometric Data only for as long as necessary to fulfil the purposes for which it was collected, as required to provide you with the Service, or as required by applicable law. Upon your request, account termination, or when the data is no longer needed for its initial purpose, we will permanently destroy or anonymise your Biometric Data in accordance with our Privacy Policy and applicable legal requirements.
Article 6: Access to the Koios Care Service
6.1 Prerequisites
To use the Koios Care Service, Users need internet access with sufficient bandwidth (for app features) and compatible computer hardware or mobile devices meeting the minimum configuration required. Users are solely responsible for choosing their network and hardware.
6.2 Creating an account
To access the Koios Care Service, Users must create an Account, typically using an email address and a password. You must provide accurate, verifiable, complete, and up-to-date personal information.
6.3 Login details
Your login details are personal and confidential. You are responsible for maintaining their confidentiality and for all activities under your Account. Notify us immediately at info@koios.care of any unauthorised or suspicious use.
6.4 Account management
- You are responsible for your Account
- Take precautions to prevent unauthorised third-party access
- You may only use your Account for personal, non-commercial purposes
- Users can modify and update their Account data. Users acknowledge they are solely responsible for the data provided
6.5 Duration and deletion of the account
Your Account is created upon acceptance of these GCU. If your Account is not used for a period of 3 years, it may be archived or deleted. You may request deletion of your Account by contacting us at info@koios.care or via any in-app account deletion feature.
Article 7: Using the Koios Care Service
Users must use the Koios Care Service in accordance with its intended wellbeing purpose and any accompanying documentation.
You may not:
- Use automated methods (scraping, crawling) to access or copy any part of the Service or Content
- Attempt to gain unauthorised access to any part of the Service
- Probe, scan, or test the vulnerability of the Service
- Impose an unreasonable load on the Service’s infrastructure
- Use the Service for any unlawful purpose
Any misuse may result in suspension or termination of your access.
Article 8: Intellectual property
The Koios Care Service and its Content are the exclusive property of Koios Care BV or its licensors and are protected by applicable intellectual property laws. We grant you a limited, personal, non-exclusive, non-transferable, non-assignable licence to access and use the Koios Care Service for your personal wellbeing, subject to these GCU. No part of the Koios Care Service or its Content may be copied, reproduced, or distributed without our prior written consent.
Article 9: Warranty
The Koios Care Service is provided “as is” and “as available.” We make no warranties, express or implied, regarding the operation, availability, accuracy, reliability, or completeness of the Service or its Content, including but not limited to warranties of merchantability, fitness for a particular purpose (including fitness for any medical purpose, which is expressly disclaimed), or non-infringement.
We do not guarantee that the Service will operate without interruption or error, or that any Biometric Data tracked will be completely accurate or suitable for any purpose other than general wellness tracking.
Interruptions may occur due to maintenance, network issues, or other events.
Article 10: Liability
To the fullest extent permitted by law, Koios Care BV shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service; (c) any content obtained from the Service, including any reliance on such content for purposes other than general wellness; or (d) unauthorised access, use, or alteration of your transmissions, data (including Biometric Data), or content.
In no event shall our aggregate liability exceed the amount you paid us, if any, in the past six months for the Services giving rise to the claim, or a nominal sum of €50.
The Koios Care Service is for wellness purposes only. You are solely responsible for your wellbeing decisions and for consulting with qualified health professionals for any health concerns or before making any changes to your diet, exercise, or lifestyle.
Users are solely responsible for the data and information they input into the Koios Care Service.
Article 11: Privacy Policy and personal data
11.1 Processing and purposes
We collect and process your Personal Data, including Biometric Data, as described in our Privacy Policy, which is an integral part of these GCU and available at our Privacy Policy. Please consult the Privacy Policy for detailed information.
11.2 Rights
In accordance with applicable data protection laws (GDPR), you have rights to access, rectify, delete, restrict, or object to the processing of your Personal Data, withdraw consent, and data portability. You can exercise these rights by contacting us at: info@koios.care.
We have implemented GDPR-compliant processes to ensure the rights of users. You can exercise your data rights (access, correction, deletion, portability) by a simple inquiry to info@koios.care.
If you feel your rights have not been respected, you can lodge a complaint with the competent data protection authority.
11.3 Data hosting
Your Personal Data, including Biometric Data, collected via the Koios Care Service is hosted on secure servers located within the European Economic Area (EEA). We take appropriate measures to ensure data security and do not share any data with third parties without your explicit consent.
Article 12: Non-compliance with Terms
If you breach these GCU, we reserve the right to terminate or restrict your use of and access to the Koios Care Service, without prior warning, at our sole discretion.
Article 13: Modifications
13.1 Modification of the GCU
We reserve the right to modify these Terms at any time, especially to reflect changes to the Service or legal developments, with thirty (30) days’ notice (e.g. via email or in-app notification). Continued use of the Service after modifications take effect constitutes acceptance. If you do not agree with the new GCU, you must stop using the Service and may request account deletion by contacting info@koios.care.
13.2 Modifying the Koios Care Service
We may add, modify, or delete functionalities of the Koios Care Service at any time. We will endeavour to inform Users of significant changes.
Article 14: General stipulations
14.1 Applicable law — disputes
These GCU are governed by Belgian law. In case of dispute, please first contact us at info@koios.care. Any disputes not resolved amicably shall be submitted to the competent courts of Antwerp, Belgium.
14.2 Invalidity of a provision
If any provision of these GCU is deemed invalid, the remaining provisions will continue in full force and effect.
Contact us
For questions about these Terms: info@koios.care
For privacy-related inquiries: info@koios.care
For general inquiries: info@koios.care
Koios Care BV
Filip Williotstraat 9
2600 Antwerpen, Belgium
VAT: BE0786.830.148
These Terms may be updated periodically. Changes will take effect 7 days after notification. Your continued use of the website indicates acceptance of any changes.