Terms of Use
1. Definitions
- "Ask Aletta": the website https://www.askaletta.com.
- "Brainshelf": Brainshelf B.V., a private company with limited liability under the laws of the Netherlands registered in the trade register of the Chamber of Commerce under number 97743038.
- "Services": the services as set out under 3.1, together with all associated software applications and related websites.
- "User": the person who uses the Services.
- "Terms of Use": these general terms and conditions.
- "Medical Literature": external scientific and professional medical sources, including medical guidelines, professional websites, trade journals, peer-reviewed journals, medical handbooks, and other recognized medical publications, in cases in observance of local and national regulations and prevailing medical practice.
2. Applicability
2.1. The Terms of Use apply to all agreements between the User and Brainshelf, including the creation of an account, the conclusion of a subscription, and the use of the Services.
2.2. The Terms of Use constitute the entire agreement between the User and Brainshelf with respect to the Services and supersede all prior or other written or oral statements or agreements regarding the Services, unless the parties expressly agree otherwise in writing.
2.3. If any provision of the Terms of Use is invalid, the remaining provisions of the Terms of Use shall remain in full force and effect, and the parties shall replace the invalid provision with a valid provision that most closely approximates the purpose and intent of the original provision.
3. Services
3.1. The Services include an AI search engine that makes Medical Literature accessible to medical professionals in a clear manner, including via Ask Aletta. Brainshelf is not responsible for the content of the distilled and presented Medical Literature. When the Services distil and present information from medical guidelines, this information will therefore be:
- provided with a clear source reference;
- presented contextually with reference to the original source (for example: "according to source name..."); and
- presented as a quote from the relevant source, not as advice from Brainshelf.
3.2. The User uses the Medical Literature presented via the Services exclusively at his or her own responsibility. Medical and scientific knowledge is constantly evolving. It is not uncommon for Medical Literature to differ or contradict each other. Medical Literature, regulations, and prevailing practice can vary greatly locally and nationally. The (national) scientific state of affairs may contain inaccuracies, omissions, and ambiguities. The User shall not rely on the results displayed as the sole source of information and shall verify the sources of the Medical Literature themselves if necessary.
3.3. The Services use AI technology that may sometimes provide incomplete, inaccurate, or changing information. The User remains responsible for assessing and verifying all distilled and presented information and any diagnosis. The operation and results of the Services may vary due to model updates or changes. Inaccuracies or unexpected outcomes cannot be completely ruled out, and the possibility of such outcomes is assumed to be known to the User.
4. Not a medical device or diagnostic tool
4.1. The Services are intended for informational purposes. The Services are deliberately not covered by Regulation (EU) 2017/745 on medical devices, partly because the Services:
- do not offer patient-specific functionalities;
- do not provide medical or diagnostic advice tailored to a specific individual;
- are aimed exclusively at medical professionals;
- are not intended to replace consultation with a medical professional, guideline, protocol, second opinion, or other professional medical judgment.
4.2. The above is confirmed to the User by means of various notifications, disclaimers, pop-ups, and limitations in the functionality of the Services.
4.3. In the unlikely event that the Services do fall under the aforementioned directive, which is expressly not the intention, Brainshelf will take the appropriate steps in that context as soon as possible.
5. Use
5.1. The User is only permitted to use the Services under the conditions set out in this article.
Minimum age
5.2. The User must be at least 18 years of age. If the User is younger than 18 years of age, they may not use the Services.
Permitted use
5.3. The User shall use the Services exclusively for the provision of supporting information:
- in the context of his medical or healthcare-related profession or business, in accordance with applicable (disciplinary) laws and regulations; or
- as a student, for the purposes of their own education and study.
Prohibited use
5.4. It is prohibited to use the Services for activities for which they are not intended, including:
- the diagnosis, prevention, monitoring, prediction, treatment of disease and/or injury or other use within the meaning of Regulation (EU) 2017/745 on medical devices;
- the entry of patient data, personal data, or identifiable information;
- entering direct patient cases;
- describing specific medical situations;
- violating, abusing, or otherwise infringing on the rights of Brainshelf or third parties;
- copying, modifying, selling, distributing, or otherwise exploiting (parts of) the Services (or information resulting from the Services);
- reverse engineering, decompiling, or otherwise attempting to discover the source code, algorithms, or technical components of the Services;
- developing, training, or improving models that compete with the Services or other technologies used by Brainshelf.
5.5. The User is liable for all damage suffered by Brainshelf as a result of prohibited use within the meaning of this article.
6. Account
6.1. To access the Services, the User must create an account via Ask Aletta.
6.2. A User may only create one account per person.
6.3. It is prohibited to share account login details with other persons or organizations.
7. Intellectual property
7.1. Ask Aletta and the Services, including all software, technology, know-how, designs, texts, graphic elements, logos, icons, audiovisual components, and all other intellectual property rights that form part of Ask Aletta and the Services, are the property of Brainshelf or its licensors.
7.2. Brainshelf grants the User a limited, non-exclusive, non-transferable, and revocable license to use the Services for themselves.
7.3. The User grants Brainshelf limited permission to process and store the data entered by or on behalf of the User to the extent necessary for the provision of the Services.
7.4. If the User provides feedback about the Services in any form, they grant Brainshelf permission to use, reproduce, modify, create derivative works from, distribute, and display this feedback, without Brainshelf owing any compensation to the User.
8. Personal Data & Privacy
8.1. Brainshelf processes the User's personal data exclusively in accordance with the Privacy Policy available via Ask Aletta.
9. Payment
9.1. Certain parts of the Services are offered in exchange for subscription fees or other compensation. The rates for the various subscription types are listed on Ask Aletta. For paid subscriptions, Brainshelf will periodically charge the agreed costs. The User is obliged to pay the subscription fees to Brainshelf monthly in advance in the agreed manner.
9.2. The User can cancel the subscription free of charge via their account on Ask Aletta. Cancellation is possible at any time and takes effect from the end of the agreed subscription period.
9.3. Invoices from Brainshelf must be paid within fourteen days of the invoice date.
9.4. In the event of late payment, Brainshelf is entitled to suspend access to (paid parts of) the Services until payment has been received. Suspension does not release the User from their payment obligation and does not entitle them to a refund or extension of the subscription term.
9.5. Brainshelf is entitled to unilaterally adjust the rates for subscription types. Brainshelf will communicate such an adjustment to the User at least 30 days in advance via the User's registered email address. If the User does not accept the adjustment, the User is entitled to cancel their subscription with immediate effect and without charge.
10. Termination
10.1. The User is free to stop using the Services at any time.
10.2. Brainshelf reserves the right to suspend or terminate the User's access to the Services or to delete the User's account if Brainshelf determines that:
- the User has violated or appears to have violated these Terms of Use;
- suspension or termination is necessary to comply with legal obligations; or
- the User's use of the Services may cause risks or damage to Brainshelf, other users, or third parties.
10.3. Brainshelf may terminate the User's account if it has been inactive for a period of one year and the User does not have a paid subscription. In such a case, Brainshelf will inform the User prior to termination.
10.4. If Brainshelf discontinues offering the Services, it will notify the User in advance.
11. Availability
11.1. Because the Services are offered digitally and online using an AI tool, Brainshelf does not guarantee that the Services will be uninterrupted and free of display or programming errors, malfunctions, or availability issues. The Services may hallucinate, generate inaccurate, incomplete, outdated, or contradictory output, misinterpret context, or contain bias. Nor can Brainshelf rule out the possibility that data presented via the Services may be lost or altered.
12. Liability
12.1. Brainshelf is not liable for damage resulting from inaccuracy or incompleteness of the distilled and presented content of the Medical Literature. Brainshelf is also not liable for damage resulting from inaccuracy or incompleteness of the Medical Literature itself.
12.2. Except to the extent that this is legally impossible, Brainshelf's liability is limited to damage to persons and this liability, including joint and several liability, is limited to a total amount of EUR 5,000 (five thousand euros). If a limitation of liability to this amount proves impossible by operation of law, Brainshelf's liability for damage shall be limited to the amount paid out under Brainshelf's liability insurance(s), plus the applicable deductible.
12.3. The liability of persons who work or have worked directly or indirectly for Brainshelf, including employees and directors ("Affiliated Persons"), is excluded.
12.4. Unless the User is not acting in the context of a profession or business, the User indemnifies Brainshelf and Affiliated Persons against all claims from third parties in connection with the Services.
12.5. Articles 12.3 and 12.4 contain irrevocable third-party clauses within the meaning of Section 6:253(4) of the Dutch Civil Code for the benefit of Affiliated Persons.
12.6. A claim by the User for compensation shall lapse twelve months after the day on which the User became aware of the (possible) damage and Brainshelf's (possible) liability for it.
13. Force majeure
13.1. Brainshelf is not obliged to fulfil any obligation towards the User if Brainshelf is prevented from doing so by circumstances for which Brainshelf is not responsible and which, according to the law or generally accepted standards, are not attributable to Brainshelf. Such circumstances include, for example:
- government measures or restrictions;
- failure of utilities, telecommunications, or internet connections; and
- cyber attacks, hacks, or computer viruses.
14. Applicable law and dispute resolution
14.1. The legal relationship between the User and Brainshelf, including all obligations arising from unlawful acts, as well as the Terms of Use, is governed by Dutch law.
14.2. Only the Dutch courts shall have jurisdiction to hear any dispute between the User and Brainshelf in connection with the Services or the Terms of Use.