Agreement to these terms
We are Tinzo BV (hereinafter: "the Company", "we", "us" or "our"), a Dutch private limited liability company, with offices at Bouwkamp 12, 6576JX Ooij, municipality of Berg en Dal, province of Gelderland, the Netherlands. Our VAT number is NL867900714B01.
We offer the Tinzo app, a mobile application, together with related products and services, under these terms. Tinzo is a digital health platform that supports people with tinnitus in coping with their symptoms through psychoeducation, guided exercises and behavioral change techniques. Users track their tinnitus, do mindfulness or relaxation exercises, and work through modules independently.
You can reach us at +31 6 38928328, info@tinzo.nl or by post at Bouwkamp 12, 6576JX Ooij. By using our services, you agree to these legal terms.
If you do not agree, stop using our Services immediately.
We will inform you in advance of planned changes to our Services. Amended Terms apply immediately upon publication or notification. By continuing to use our Services after that date, you agree to the new Terms. Our Services are intended for users aged 13 and over; minors under 18 require the consent and supervision of a parent or legal representative. We advise you to save a copy of these Terms for your records.
1. Our services
Our Services may not be used where doing so conflicts with laws or regulations. Access from other locations is at your own responsibility and requires compliance with local laws and regulations.
2. Intellectual property rights
Our intellectual property
We are the rights holder or licensee of all intellectual property rights connected to our Services, including source code, databases, software, design, media, text and graphic material (collectively: the "Content"), as well as the trademarks, service marks and logos contained therein (the "Marks"). These are protected by copyright, trademark law and other IP rights, both in the Netherlands and internationally, and may only be used for personal, non-commercial purposes through our Services.
Your use of our Services
If you comply with these terms, you are granted a non-exclusive, non-transferable, revocable license to use our services and to download or print content for personal, non-commercial use. You are not permitted to use any part of our Services, content or marks commercially in any way without our prior written consent.
For use outside the scope of this article, please contact us via info@tinzo.nl. If permission is granted for publication or reproduction of (part of) our Services or Content, you must credit us as the rights holder and follow further instructions. Copyright notices must remain visible.
Tinzo B.V. reserves all rights not expressly granted to you. In the event of infringement of these IP rights, your right of use lapses immediately.
Your submissions
If you send us ideas, feedback or comments about our Services directly, you transfer all intellectual property rights in them to us. We may use this information without restriction and without compensation.
Your responsibility: by submitting a report through our Services, you confirm that you have read and accepted these terms. You may not post submissions that are unlawful, offensive, discriminatory, misleading or confidential. You must hold the rights to your submission yourself, or have permission to share it, and you waive moral rights where permitted.
You are responsible for your submissions and must indemnify us against all damage arising from your breach of (a) this article, (b) intellectual property rights of third parties, or (c) applicable law.
3. User representations
If you provide incorrect, inaccurate, outdated or incomplete information, we are entitled to suspend or terminate your account and to refuse you current or future use of our Services.
By using our Services, you confirm that your registration details are correct, complete and up to date, that you have legal capacity, that you are 13 years of age or older (or have consent where required), that you do not use bots, that you do not use our Services for unauthorized purposes, and that you comply with the law. If you provide incorrect information, we may suspend or terminate your account or refuse future access.
4. Registration
Registration may be required for some Services. You must keep your password confidential and are responsible for everything that happens with your account. We may change or remove a username if it is not appropriate.
5. Purchases and payment
We accept payments via Apple Pay and Google Pay. Make sure your account and payment details are up to date so that we can process your purchases. Prices may change and payments are made in euros. You authorize us to charge the amount due and to correct pricing errors, including after payment. Orders may be refused or limited without stating reasons.
6. Subscription
Billing and renewal
Your subscription renews automatically until cancelled. We charge periodically via your payment method, without separate consent. The billing period depends on the type of subscription chosen.
Free trial
New users receive 7 days of free access. After this trial period ends, the subscription is automatically converted to the paid subscription you selected and the amount due is charged.
Cancellation
You can cancel your subscription at any time via your account settings. The cancellation takes effect after the current paid subscription period has ended. For questions or complaints, please contact us via info@tinzo.nl.
Price changes
We reserve the right to change subscription rates. Price changes will be communicated to you in a timely manner in accordance with applicable law.
7. Software
Our Services contain software. If this software is accompanied by an end user license agreement (EULA), the terms of that EULA apply to your use of the software. If no EULA is included, we grant you a non-exclusive, revocable, personal and non-transferable license to use the software solely in connection with our Services and in accordance with these Terms. The software and accompanying documentation are provided "as is", without any warranty, express or implied, including implied warranties of merchantability, fitness for a particular purpose or non-infringement. You accept all risks associated with the use of our software. You may not reproduce or distribute the software unless expressly permitted under the applicable EULA or these Terms.
8. Prohibited conduct
You may not use our Services for purposes other than those for which we make them available. Commercial use of our Services is only permitted if we have given express written consent. As a User, you undertake to refrain from the following:
- Systematically collecting or copying data or other content from our Services in order to directly or indirectly create a collection, compilation, database or directory, without our prior written consent.
- Misleading or deceiving us or other users, in particular in order to obtain sensitive account information such as passwords.
- Circumventing, disabling or otherwise interfering with security features of our Services, including features that prevent or restrict the copying of Content.
- Disparaging, harming or otherwise damaging us or our Services.
- Using information obtained through our Services to intimidate, abuse or harm other persons.
- Misusing our customer service or submitting false complaints or reports.
- Using our Services in a manner that conflicts with applicable laws and regulations.
- Framing or linking to our Services without permission.
- Uploading or transmitting viruses, Trojan horses or other harmful material, or sending spam or otherwise disrupting our Services.
- Automated use of our Services, such as deploying scripts, data mining, robots or similar tools for collecting or extracting data.
- Removing copyright notices or other proprietary markings.
- Impersonating another user or person, or using another person's username.
- Uploading or transmitting material that acts as a passive or active mechanism for collecting or transmitting information, such as spyware, tracking pixels or similar tools.
- Disrupting or overloading our Services or the networks and systems connected to them.
- Intimidating, threatening or otherwise harassing our employees or representatives.
- Circumventing measures put in place to restrict or secure access to our Services.
- Decompiling, reverse engineering or disassembling software that forms part of our Services, except as expressly permitted by applicable law.
- Using, launching, developing or distributing automated systems, such as spiders, robots, scrapers or offline readers, to access our Services.
- Using an intermediary or purchasing agent to make purchases through our Services.
- Collecting usernames or email addresses without authorization for the purpose of sending unsolicited messages, or creating accounts through automated or fraudulent means.
- Using our Services as part of an attempt to compete with us, or otherwise exploiting our Services or Content for commercial purposes.
9. User-generated content
Through our Services, including the Tinzo Community, users can create, submit, post, display, transmit, publish or distribute content and material, including text, images, comments and other contributions (collectively: "Contributions"). Contributions are visible to other users of our Services, and by posting them you warrant that:
- Your Contributions do not infringe intellectual property rights, including copyrights, patent rights, trademark rights or moral rights of third parties.
- You are the creator and rights holder of your Contributions, or hold the required licenses, rights, consents and authorizations relating to them; you have the written consent of every identifiable person appearing in your Contributions; your Contributions are factually accurate and not misleading; your Contributions do not contain unsolicited advertising, chain letters, spam or other forms of unwanted communication; your Contributions are not obscene, violent, harassing, defamatory or otherwise objectionable; your Contributions do not ridicule, demean, intimidate or abuse anyone; your Contributions are not used to intimidate or threaten others, or to incite violence; your Contributions do not violate any law or regulation; your Contributions do not infringe the privacy or portrait rights of third parties; your Contributions do not violate laws and regulations protecting minors; your Contributions do not contain offensive remarks relating to race, national origin, gender, sexual orientation or physical disability; and your Contributions do not conflict with, or link to material that conflicts with, these Terms or applicable law.
Use of our Services in violation of the foregoing constitutes a breach of these Terms and may result in, among other things, suspension or termination of your right of use.
10. Licenses
You agree with Tinzo B.V. that we may access, store, process and use the information and personal data you provide, in accordance with the Privacy Policy and your preferences (including settings). If you provide suggestions or feedback about our Services, they may be used and shared for any purpose without compensation. We claim no ownership rights in your Contributions. You retain full ownership of your Contributions and all intellectual property rights connected to them. We are not liable for statements or representations you post in any part of our Services. You are solely responsible for your Contributions and you expressly indemnify us against any liability arising from them.
11. Mobile application license
License to use
If you use our Services via the App, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on wireless electronic devices that you own or control, and to use the App on those devices in accordance with the terms of this license. You are not permitted to: (1) decompile, reverse engineer or decipher the App, except to the extent expressly permitted by applicable law; (2) modify, adapt, improve or create derivative works of the App; (3) use the App in a manner that conflicts with applicable laws and regulations; (4) remove or alter proprietary or copyright notices; (5) use the App for commercial purposes for which it is not intended; (6) make the App available via a network or environment that allows simultaneous access by multiple devices or users; (7) use the App to develop competing products or services; (8) send automated requests to websites via the App or send unsolicited commercial messages; or (9) use our intellectual property rights in the development, production or distribution of applications, accessories or devices for use with the App.
Apple and Android devices
When you download the App via the Apple App Store or Google Play (hereinafter each individually: "App Distributor"), the following additional terms apply: (1) the license granted to you is limited to use on a device running the Apple iOS or Android operating system, in accordance with the usage rules of the applicable App Distributor; (2) responsibility for maintenance and support of the App rests with us, not with the App Distributor; (3) in the event of non-conformity of the App, you may inform the App Distributor; the App Distributor may refund the purchase price but is otherwise not bound by any warranty obligation; (4) you represent and warrant that you (i) are not located in a country subject to a US government embargo, or that has been designated by the US government as a "terrorist supporting" country, and (ii) are not listed on any US government list of prohibited or restricted parties; (5) you must comply with the applicable terms of use of third parties; and (6) you acknowledge that the App Distributors are third-party beneficiaries of the license terms in this article and are entitled to enforce these terms against you.
12. Social media
As part of the functionality of our Services, you can link your account to accounts with external service providers (hereinafter: "Third-Party Accounts"). You represent and warrant that you are entitled to provide us with your Third-Party Account login details or to grant us access to such accounts, without breaching the applicable terms of use of those external service providers. You can unlink your account with our Services from your Third-Party Accounts at any time. Your relationship with external service providers is governed solely by your agreement with them. We are not liable for content shared through these services.
13. Third-party websites and content
Our Services may contain references or hyperlinks to third-party websites ("Third-Party Websites") or content originating from third parties ("Third-Party Content"). We do not review Third-Party Websites and Third-Party Content for accuracy, completeness or suitability, and we are not liable for them. If you decide to leave our Services and visit Third-Party Websites or use or install Third-Party Content, you do so at your own risk.
Purchases via Third-Party Websites take place exclusively between you and the third party concerned; we bear no responsibility for them.
14. Management of services
We reserve the right, but are not obliged, to: (1) monitor our Services for violations of these Terms; (2) take appropriate legal action against persons who, in our judgment, violate the law or these Terms; (3) at our own discretion restrict or disable the availability of your Contributions; (4) remove or disable files and content that are excessively large or burden our systems; and (5) manage our Services in a manner that protects our rights and property and promotes the proper functioning of our Services.
15. Privacy policy
We attach great importance to the protection of personal data. Please consult our Privacy Policy at: www.tinzo.nl/privacy. By using the Services, you agree to our Privacy Policy, which forms an integral part of these Terms.
Our Services are hosted in the Netherlands and Germany.
If you access our Services from a jurisdiction with different laws and regulations regarding the processing of personal data, you agree by using our Services that your data will be transferred to and processed in the Netherlands and Germany.
16. Term and termination
These terms apply for as long as you use our Services. We may at any time, without prior notice or liability, deny you access to our Services, for example in the event of a breach of these terms or the law. We may also terminate or suspend your account, content or use of our Services without warning.
If we terminate or suspend your account, you are not permitted to register a new account under your own name, a fictitious name or the name of a third party, even if you are acting on behalf of a third party. In addition to terminating or suspending your account, we reserve the right to take further legal action, including bringing civil or criminal claims or seeking injunctive relief.
17. Changes and interruptions
We reserve the right to change, adapt or remove the content of our Services at any time and for any reason, without prior notice. We are not obliged to update the information in our Services. We are not liable to you or third parties for changes, price adjustments, suspension or termination of our Services.
We cannot guarantee the availability of our Services at all times. Failures, maintenance or other circumstances may cause interruptions, delays or errors.
We are not liable for any loss, damage or inconvenience resulting from your inability to access or use our Services during such an interruption. Nothing in these Terms obliges us to maintain our Services or to provide corrections, updates or new versions.
18. Governing law and jurisdiction
These Terms are governed by Dutch law, with the express exclusion of the Vienna Sales Convention (CISG). If you are a consumer with your habitual residence in the European Union, you also enjoy the protection of the mandatory provisions of the consumer law of your country of residence. Tinzo B.V. and you agree that disputes will preferably be submitted to the competent court in Nijmegen, without prejudice to your right as a consumer to bring a claim before the court of your place of residence or of the EU country in which you reside.
Dispute resolution: amicable consultation
In order to resolve disputes as quickly and cost-efficiently as possible, the parties agree to first attempt to resolve any dispute, claim or demand arising from or related to these Terms (hereinafter: "Dispute") through mutual consultation for at least thirty (30) days before taking legal action. The amicable consultation commences upon written notice from one party to the other party via info@tinzo.nl.
Formal dispute resolution
If the parties fail to resolve the Dispute through mutual consultation, either party may submit the Dispute to the competent court in the district of Gelderland. Nothing in these Terms limits your right as a consumer to bring a claim before the court of the EU member state in which you reside, in accordance with the mandatory provisions of consumer law.
As a consumer residing in the EU, you also have the right to file a complaint via the European Commission's Online Dispute Resolution platform, available at https://ec.europa.eu/consumers/odr. Tinzo B.V. is not obliged to participate in alternative dispute resolution procedures; however, management will consider such a request on a case-by-case basis.
Exceptions
Notwithstanding the foregoing, either party is entitled at any time to seek injunctive relief from the competent court in order to prevent irreparable harm, including in matters concerning intellectual property rights, unauthorized access or data security.
19. Corrections
Our Services may contain typographical errors, inaccuracies or omissions, including with regard to descriptions, prices and availability. We reserve the right to correct such errors, inaccuracies or omissions and to change the information in our Services at any time without prior notice.
20. Disclaimers
General disclaimer
Our services are provided without warranties and at your own risk. We are not responsible for errors, damage, unauthorized access, interruptions, viruses or data loss. We give no warranty regarding third-party products or services. Use your own judgment and be careful with external sources.
Medical disclaimer
Our Services are intended solely for information and self-management and do not provide medical advice, diagnosis, treatment or therapy. Tinzo B.V. is not a healthcare provider and our Services may not be regarded as medical advice. Our Services never replace professional medical advice from a healthcare provider, audiologist, ENT doctor or psychologist, and nothing in our Services may be construed as the practice of medicine or any other healthcare profession.
For health questions, always contact a doctor or qualified healthcare provider.
Do not delay seeking professional advice because of information from our Services.
In an emergency, call emergency services immediately; our Services are not suitable for emergency situations.
The exercises and techniques offered are not suitable for everyone and results vary from person to person. Tinzo B.V. gives no guarantee that you will be better able to manage your tinnitus symptoms. Tinzo B.V. is not liable for changes in your symptoms during or after the use of our Services.
21. Limitation of liability
To the extent permitted by law, we, our directors, employees or representatives are not liable to you or third parties for any direct, indirect, consequential, special, incidental or punitive damages, including loss of profit, loss of revenue, loss of data or other damage arising from your use of our Services, even if we have been advised of the possibility of such damage. Notwithstanding the foregoing, our liability to you, regardless of the basis of a claim, is in all cases limited to the amount you paid to us in the six (6) months preceding the arising of the claim. In some countries or jurisdictions, limitations or exclusions of liability may not be permitted. If such regulations apply to you, the above limitations may not apply in whole or in part.
22. Indemnification
You indemnify us, our subsidiaries, affiliates and all our respective directors, representatives, business partners and employees from and against all claims, damage, obligations, demands and costs, including reasonable attorneys' fees, brought by third parties as a result of or in connection with: (1) your use of our Services; (2) breach of these Terms; (3) breach of the representations and warranties you have made in these Terms; (4) infringement of third-party rights, including intellectual property rights; or (5) evidently harmful conduct towards other users of our Services with whom you came into contact through our Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us; in that case, you undertake to cooperate with our defense. We will notify you as soon as possible of any claim, action or proceeding falling under this indemnification obligation.
23. User data
We retain certain data that you transmit through our Services for the purpose of managing our Services, as well as data relating to your use of our Services. Although we make regular backups, you are solely responsible for all data that you transmit or that relates to your activities through our Services. We accept no liability for loss or corruption of such data, and you hereby waive any right to compensation from us in connection with such loss or corruption.
24. Electronic communications, transactions and signatures
Visiting our Services, sending emails and completing online forms are considered electronic communications. You consent to receiving electronic communications and acknowledge that all agreements, notices, disclosures and other messages we send you electronically, via email or through our Services, satisfy the legal requirements for written communication.
You consent to the use of electronic signatures, agreements, orders and other documents, as well as to the electronic delivery of notices, policies and records of transactions.
You hereby waive any right or claim under any law or regulation that requires an original signature, delivery or retention of non-electronic records, or payment or granting of credit by means other than electronic means.
25. Miscellaneous
These Terms, together with any policies or usage rules we publish through our Services, constitute the entire agreement and understanding between you and us.
Failure to exercise or enforce any right or provision of these Terms does not constitute a waiver of that right or provision. These Terms apply to the maximum extent permitted by applicable law. We are entitled to transfer our rights and obligations in whole or in part to third parties. We are not liable for losses, damage, delays or omissions resulting from circumstances beyond our reasonable control. If any provision or part of a provision of these Terms is held to be void, voidable or unenforceable, this does not affect the validity and enforceability of the remaining provisions. No partnership, joint venture, employment relationship or agency relationship arises between you and us as a result of these Terms or the use of our Services. No defense is available on the grounds of the electronic formation of these terms or the absence of signatures.
26. Tinzo Community
Access and availability
The Tinzo Community enables registered users to exchange experiences, connect with others and receive information from professionals. All users of our Services can participate.
Rules of conduct and content standards
When using the Community, you undertake to post only content that is factually accurate, respectful and consistent with the purpose of our Services. When using the Community, it is prohibited to:
- give medical advice as a substitute for professional care
- collect or distribute other people's personal data
- post discriminatory, harassing, offensive, violent or otherwise harmful content
- distribute commercial messages, advertising or spam without our express consent
- post content that infringes the intellectual property rights of third parties
- distribute false or misleading information about tinnitus, treatments or products.
Profile content
Users are themselves responsible for all content they post as part of their profile, including profile photos, banner images and usernames. It is not permitted to use profile content that is offensive, misleading or in breach of the rights of third parties. We reserve the right to remove or modify profile content without prior notice if it conflicts with these Terms.
Professional channels
Within the Community, recognized professionals, including audiologists and other healthcare professionals, may share information through designated channels. Information shared by professionals is of a general informative nature only and does not constitute individual medical advice, diagnosis or treatment. Tinzo B.V. is not responsible for the accuracy or completeness of information shared by professionals and accepts no liability for it.
Moderation and enforcement
Tinzo B.V. is responsible for the moderation and quality control of the Community. We reserve the right, but are not obliged, to:
- Check Contributions for compliance with these Terms
- Remove Contributions or make them invisible without prior notice if, in our judgment, they conflict with these Terms or are otherwise harmful
- Temporarily or permanently restrict or terminate a user's access to the Community in the event of repeated or serious violations of these Terms.
We aim to assess reports of inappropriate content as quickly as possible, but accept no liability for damage resulting from content posted by other users, nor for the consequences of delays in its removal.
Reporting inappropriate content
If you encounter content that, in your judgment, conflicts with these Terms or is otherwise harmful, please report it via info@tinzo.nl. We take every report seriously and will assess it in accordance with our moderation policy.
Liability for Contributions
Tinzo B.V. is not liable for the content of users' Contributions. You are responsible for your own Contributions and expressly indemnify Tinzo B.V. against all third-party claims arising from Contributions you have posted.