Terms and conditions of use 

These terms and conditions of use were last amended on 21.02.2025. 

For more information about our compliance with the Medical Device Regulation (MDR) and relevant certifications, please refer to the MDR label at the bottom of this page.

MINDD B.V. based in Apeldoorn and registered at the Kamer van Koophandel under file number 55280021, after this called “MINDD”, offers you the service “Moet ik naar de dokter?” (Do I Have to Go to the Doctor?). “Moet ik naar de dokter?” is usable through the website www.moetiknaardedokter.nl and through the Andriod and iOS version on your mobile device. 

“Moet ik naar de dokter?” is intended for the following situations: Everyone occasionally wonders whether a visit to the doctor is necessary. Often, people choose to err on the side of caution and call or visit anyway. With the help of “Moet ik naar de dokter?”, people can assess for themselves whether and when it is necessary to consult a doctor. “Moet ik naar de dokter?” indicates what one can do to alleviate symptoms and in which cases one should still call the doctor.  

The generated advice, which is based on information you provide, cannot replace a personal triage by a doctor or medical assistant. When in doubt, always call your doctor. 

The following terms and conditions apply when using “Moet ik naar de dokter?”. If you have questions about using “Moet ik naar de dokter?” or these terms of use, you can contact MINDD. Our contact details are at the bottom of these terms of use. You can also contact us via the contact form under “Contact” on the Website or via the “report it to us” button in the App under the “information” tab. 

Please note, if you have questions about the outcome of the triage via “Moet ik naar de dokter?” or about whether you should see a doctor, you must contact your doctor or the after-hours medical service. 

1. DEFINITIONS 

The terms written with capital letters in the Terms of Use have the following meanings: 

  1. App: the application “Moet ik naar de dokter?” for use on your mobile device with an iOS or Android operating system. 
  1. Data: all data stored by you on the systems used for the delivery of the Service or results generated by you through the Service. 
  1. Service(s): the service “Moet ik naar de dokter?” that MINDD will provide for you, consisting of offering support in deciding whether someone should see a doctor or whether someone can already do something about the symptoms themselves. The Service can be accessed via the App or the Website. 
  1. You: you, a natural person or legal entity, whether or not acting in the exercise of a profession or business, and whoever uses the App. 
  1. Terms of Use: these present terms. 
  1. Intellectual Property Rights: the rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how. 
  1. Party(ies): MINDD and you together or separately. 
  1. In Writing: under Written in the Terms of Use also includes communication by e-mail, provided that the identity of the sender and the integrity of the message are sufficiently established. 
  1. Website: MINDD’s website, accessible via www.moetiknaardedokter.nl, or associated subdomains. 

2. ESTABLISHMENT AND APPLICABILITY 

  1. By using the Service, you enter into an agreement with MINDD. 
  1. The Terms of Use apply to this agreement and to any use of the Service. The Terms of Use form an integral part of the agreement. 
  1. The Terms of Use enter into force when the Service is used and remain in force at least for the duration of the agreement. 

3. RIGHT OF USE 

  1. MINDD hereby grants you a personal, revocable, non-exclusive, non-transferable, non-sublicensable right of use for the duration of the agreement to use the Service in accordance with the Terms of Use. 
  1. You have no right to access the source files of the App, unless permitted by mandatory law. It is expressly forbidden to retrieve these source files through reverse engineering, decompilation, or otherwise. 
  1. The purpose of the Service is to provide a service related to human health, namely to support in the decision whether someone should see a doctor and whether someone can already do something about the symptoms themselves. 
  1. In addition to the included terms, Apple App Store and Google Play Store may set conditions for obtaining the App, using it, and related matters. 
  1. Consult the Terms of Use and privacy statement of Apple App Store, Google Play Store, and any applicable terms on the website of the relevant provider. 

4. MISUSE OF THE SERVICE 

  1. It is forbidden for you to use the Service to break the law or to infringe on the rights of others. 
  1. If, in MINDD’s opinion, hindrance, damage, or another danger arises for the functioning of the Service and more specifically the App, the Website, or related computer systems or networks, in particular due to excessive sending of e-mail or other data, poorly secured systems, or activities of viruses, Trojans, or similar software, MINDD is entitled to take all measures it reasonably deems necessary to avert or prevent this danger. 
  1. MINDD is entitled, to the extent MINDD can access them, to disclose identifying data about you to a third party who complains about you infringing their rights or these Terms of Use, provided that: 
  • it is sufficiently plausible that the infringement, in itself, is unlawful and harmful to the third party; 
  • the third party has a real interest in obtaining the data; 
  • it is plausible that in the specific case there is no less intrusive way to obtain the data; and 
  • the weighing of the interests involved means that the interest of the third party should prevail. 

5. INTELLECTUAL PROPERTY 

  1. All rights to the Service, the associated software, as well as all information, changes, extensions, and images, are and remain with MINDD or its licensors. You only acquire the rights of use and powers that arise from the scope of the Terms of Use or that are granted in Writing, and otherwise you may not use, reproduce, or make public the Service. 
  1. Data that you store or process via the Service is and remains your property. Control over the Data therefore always remains with you. MINDD has a right of use to deploy this information for the Service, including future aspects thereof. 
  1. If you send information to MINDD, for example feedback about an error or a suggestion for improvement, you give MINDD an unlimited and perpetual right of use to use this information. This does not apply to information that you explicitly mark as confidential. 

6. CONSIDERATION 

  1. No fee needs to be paid to MINDD for the use of the Service. 

7. PRIVACY AND MEDICAL DATA 

  1. To the extent that personal data is processed by MINDD in the performance of its Services, MINDD will take into account the requirements of privacy legislation when processing. Information about how MINDD handles your personal data can be found in the privacy and cookie statement that can be found on the Website. 
  1. If you provide feedback about the Service, you are not supposed to send medical data. MINDD wants to respect your privacy as much as possible and process as little personal data from you as possible and not process medical personal data from you. Also for this reason, if you have questions about the outcome of the triage via the Service or about whether you should see a doctor, you must contact your doctor or the after-hours medical service. 

8. AVAILABILITY, MAINTENANCE, AND UPDATES 

  1. MINDD will make all reasonable efforts to keep the Service available and to offer updates in a timely manner, but does not guarantee uninterrupted availability insofar as this is within its power. 
  1. MINDD releases updates from time to time that can fix errors or improve the functioning of the Service. Updates will be automatically implemented on the Website. Updates for the App will be announced in the Apple App Store or Google Play Store. MINDD is not responsible for timely and correct implementation of updates. MINDD accepts no liability for damage resulting from defects or errors that have arisen due to a not installed update. 
  1. An update may set conditions that deviate from what is stated in these Terms of Use. This will always be announced in advance and you will then have the opportunity to refuse the deviating conditions. In case of refusal, the agreement between you and MINDD is terminated. By using such an update, you agree to the deviating conditions, which will then form part of the agreement. 
  1. To the extent that parts of the Service run at MINDD and not on your mobile device, MINDD has the right to temporarily decommission the Service or parts thereof for maintenance, adjustments, or improvement. MINDD will try to schedule such decommissioning when the use of the Service is as low as possible and will endeavor to inform you in a timely manner of any planned decommissioning. However, MINDD is never obliged to compensate for damage that has arisen in connection with such decommissioning. 

9. SUPPORT 

  1. You are responsible for the use of the Service. 
  1. MINDD does not provide support for the use of the Service. However, you can ask questions via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the “information” tab, or via our contact details, which are at the bottom of the Terms of Use. MINDD will endeavor to respond to the questions within a reasonable time. Please note, if you have questions about the outcome of the triage via the Service or about whether you should see a doctor, you must contact your doctor or the after-hours medical service. 
  1. MINDD takes complaints and reports regarding the Service extremely seriously. In case of comments and complaints, you can always submit these via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the “information” tab, or via our contact details, which are at the bottom of the Terms of Use. 
  1. If you notice a problem, incorrect or incomplete data, you can also report this directly via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the “information” tab, or via our contact details, which are at the bottom of the Terms of Use. 

10. GUARANTEES AND LIABILITY 

  1. A medical device is an instrument, device or apparatus, software, implant, reagent, material, or other article intended by the manufacturer to be used, alone or in combination, for humans for one or more specific medical purposes, as described in REGULATION (EU) 2017/745 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 April 2017. The Service is such a medical device. 
  1. Under the law, special rules apply to medical devices. For example, it is mandatory to obtain a CE marking. A CE marking indicates that the product complies with all applicable European (safety) rules and that the conformity and compliance procedures have been completed. The Service has the required CE marking. 
  1. Because the Service is qualified as a medical device, MINDD will, among other things: 
  1. not use text, names, trademarks, images, and other figurative or non-figurative signs that could mislead you regarding the intended purpose, safety, and performance of the Service. If you nevertheless experience what is stated in the previous sentence, you can contact MINDD via the contact form under “Contact” on the Website, via the “report it to us” button in the App under the “information” tab, or via the contact details at the bottom of these Terms of Use. 
  1. MINDD takes your complaints or reports about suspected incidents related to the Service extremely seriously and will maintain a register of any complaints. See also Article 9 about handling complaints. 
  1. Nevertheless, it remains that the generated advice, which is based on the information provided by you, cannot replace a personal triage by the doctor or the doctor’s assistant. If you disagree with the outcomes of the Service, please do what you think is right. The Service is based on the protocols and standards mentioned under the previous points, your personal situation may deviate from these. Decisions you make based on given information and generated advice remain at all times for your own account and risk. 
  1. The information offered via the Service only serves as an initial assessment of the question of whether you should go to the doctor. 
  1. Although MINDD strives to offer accurate, complete, and current information from sources deemed reliable, MINDD provides neither explicitly nor implicitly any guarantee that the information offered is accurate, complete, or current. 
  1. The information is specifically aimed at the Dutch public. MINDD manages and maintains the information from the Netherlands and does not guarantee that the information offered is also suitable or available for use in other countries. 
  1. MINDD is not liable, on any grounds whatsoever, for any damage in connection with the Service. 
  1. The limitations of liability included in the Terms of Use do not apply in case of damage due to intent or deliberate recklessness by the management of MINDD or damage due to death or physical injury. 
  1. MINDD is not responsible for the data (for example, answers to questions) that you enter into the Service. 

11. DURATION AND TERMINATION 

  1. You can terminate the agreement and thus the right of use at any time by ending the use of the Service. 
  1. The use of the free version of the Service may be terminated by both you and MINDD at any time. 
  1. After termination of the agreement (for whatever reason), you must cease and continue to cease any use of the Service. You must then delete all copies (including any backup copies) of the Service from all your systems. 

12. CONFIDENTIALITY 

  1. Parties will treat information that they provide to each other when using the Service confidentially when this information is marked as confidential or when the receiving party knows or should reasonably suspect that the information was intended to be confidential. 
  1. MINDD will not (and, in most cases, cannot) take cognizance of private data that you store and/or distribute via the Service, unless this is necessary for good service provision or MINDD is obliged to do so by virtue of a legal provision. You can find more about this in the privacy and cookie statement. 

13. MODIFICATION OF TERMS OF USE 

  1. These Terms of Use may be adjusted. 
  1. If you do not wish to accept a change or addition, you can terminate the right of use until the date of entry into force by no longer using the Service. Use of the Service after the date of entry into force counts as acceptance of the changed or supplemented terms. 

14. SOURCES OF HEALTH ADVICE 

The health advice provided on this website and through our widget is based on information from reliable and reputable sources, including but not limited to: 

The advice is based on the guidelines of the Dutch College of General Practitioners (NHG) and the Dutch Triage Standard (NTS), verified by medical specialists and experts in comprehensible language for patients. 

15. OTHER PROVISIONS 

  1. The Service is intended for persons in/from the Netherlands and for the purpose of the question of whether you should see a doctor in the Netherlands. This is because the Service is based on sources and protocols as they apply to Dutch healthcare. Read more about this under Article 10. The aforementioned sources and protocols can vary by country. If, contrary to the foregoing, you still decide to use the Service, this is at your own risk, as the Service may not correspond to the healthcare protocols and requirements for information sources in the context of healthcare applicable in your country. 
  1. Dutch law applies to the use and the agreement that underlies it, except to the extent that it conflicts with provisions of mandatory law. 

CONTACT  

MINDD B.V. 
Prins Willem-Alexanderlaan 705 
7311 ST Apeldoorn 
KvK-nummer: 55280021 
E-mail: [email protected] 
Telefoon: 085 130 4720