Digital health builder programme

In these Terms, the following definitions apply: 

“Hive” means the Better e-learning and community platform through which the Programme is accessed and delivered. 

“Software” means the Better Platform software made available under the Programme to the Users. 

“Better Platform” means the Better open data digital health platform, including all associated tools, APIs, design systems, and documentation. 

“Development Environment” means the cloud-hosted tenant provided to you for development and evaluation purposes under the Programme. 

“Subscription” means your active enrolment in a Monthly Plan, Annual Plan or Co-creation plan as applicable. 

“Developments” means any tools, applications, software programmes, or products independently developed by User using the Better Platform. 

“User” means any subscriber to the Programme and people who may access the Programme under the granted team licence. 

“PoC Licence” means a proof-of-concept licence for deployment to a limited patient population as specified in the applicable Plan. 

The Programme provides Users with access to the Better Platform, development tools, training, and limited support to build healthcare applications. The Programme is offered under two self-service subscription tiers. 

The Monthly Plan, which amounts to €1200 per month, is billed on a rolling calendar-month basis and includes the following: 

- Team licence with unlimited Users within your organisation. 

- Unlimited projects within the Development Environment. 

- One (1) cloud-hosted development tenant. 

- Access to the Better Design System. 

- Full learning access on Hive, including self-paced courses and certifications. 

- One (1) introductory platform advisory session. 

- Hive partner community access 

- Development support 

The Annual Plan requires a minimum commitment of twelve (12) months and is payable in full upfront as a single payment of €11,520 (twelve months at €960 per month). The Annual Plan includes everything in the Monthly Plan, plus: 

- Team licence with unlimited Users within your organisation. 

- Unlimited projects within the Development Environment. 

- One (1) cloud-hosted development tenant. 

- Access to the Better Design System. 

- Full learning access on Hive, including self-paced courses and certifications. 

- One (1) introductory platform advisory session. 

- Hive partner community access 

- Development support 

The Co-creation Programme is a custom engagement designed for organisations seeking a deeper partnership with Better. The Co-creation Programme includes everything in the Monthly Plan and Annual Plan, plus additional services which may include: 

- PoC licences for deployment to a limited patient population for demonstration and validation purposes 

- Sales onboarding and training sessions 

- A dedicated partner development manager 

- Weekly expert consultations 

- Unlimited development environments 

- On-premise setup options 

- White-label options 

- Custom training programmes, delivered remotely or on-site 

- Architecture reviews 

- Go-to-market support 

The specific scope, features, pricing, billing, duration and other specific terms of the Co-creation plan are agreed separately between the parties in a written order form or agreement.  

Better reserves the right to modify the features, services, or pricing of the Plans with thirty (30) days’ prior written notice. Any such changes shall take effect at the start of the next monthly cycle following the notice period. Continued use of the Programme after such changes constitutes acceptance of the updated Terms. In case of non-significant changes, the User shall not have the right to exercise the right to cancellation of the subscription to the Programme. 

In case of significant changes, if the User does not agree to the modified Terms, the User has the right to terminate their subscription by providing written notice of objection before the effective date of the amendments. If the User exercises their right to cancellation of subscription, the User shall retain full access to the Programme under the version of the Terms in effect prior to the amendment for the remainder of the current monthly cycle for which the User has already paid. No pro-rata refunds will be issued for the remaining paid period, and the Subscription will formally expire at the end of said period, unless the User has an Annual Plan – in this event, Better shall issue a pro-rata refund of the prepaid fees corresponding to the unused portion of the subscription from the effective date until the original expiration date of the annual term. The Subscription will not renew at the end of the current term, and no further charges will be applied. 

Your Subscription begins upon successful completion of registration on Hive and receipt of payment. Better will activate your Development Environment and deliver access credentials within two (2) business days of payment confirmation. 

The Monthly Plan is billed on a calendar-month basis. The Annual Plan is billed as a single upfront payment for twelve (12) months. All amounts are quoted exclusive of VAT or other applicable taxes, which shall be charged in accordance with applicable law. 

Payment shall be made by credit card, bank transfer, or such other payment method as made available on Hive. All payments are in EUR. For bank transfers, payment is due within fourteen (14) days of invoice date. 

Subscriptions renew automatically at the end of each billing cycle unless cancelled in accordance with Section 9. The Monthly Plan renews monthly. The Annual Plan renews for successive twelve-month periods at the then-current Annual Plan rate, with payment due upfront for each renewal period. 

If payment is not received within fourteen (14) days of the due date, Better may suspend access to the Programme until outstanding amounts are settled. Continued non-payment for thirty (30) days constitutes grounds for termination under Section 9. 

Subject to these Terms, Better grants you a non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Software solely for your internal development, evaluation, and testing purposes during the Subscription period. This includes assessment of marketing, sales, and IT development potential of solutions built on the Better Platform. 

You shall not, unless separately agreed in writing: 

- Resell, distribute, sublicence, or make the Software available to any third party. 

- Use the Software in a production environment or for processing live patient data, except under a valid PoC Licence where included in the applicable Plan. 

- Use the Software, Developments or any output/solutions created therein for any internal business operations beyond testing and evaluating; any revenue-generating activities and/or any 'solutions' integrated into products offered to third parties. 

- Modify, decompile, disassemble, decrypt, or otherwise reverse-engineer the Software. 

- Remove or alter any proprietary notices, labels, or marks on the Software. 

In the event that there is a suspicion that User is not using Software in accordance with the said restrictions, Better may carry out and audit of User’s use of Software - review telemetry data or, upon notice, inspect the implementation to ensure it isn't being used in a live commercial environment. 

Where a PoC Licence is included, you are permitted to deploy a solution using the Better Platform to a maximum of five thousand (5,000) patient records but solely for demonstration and validation purposes with the end customer. Any deployment beyond this scope requires a separate production licence agreement with Better. 

You may develop, add, test, or create your own tools, applications, software programmes, or products using the Better Platform, provided such activity does not involve modifying or reverse-engineering the underlying Software. Developments created exclusively by you shall be your intellectual property. 

All rights, title, and interest in the Software, the Better Platform, Hive, and all associated documentation, trademarks, trade secrets, and intellectual property rights remain exclusively with Better. Nothing in these Terms transfers or assigns any ownership right in the Software, Better Platform or Hive to you. 

For the avoidance of doubt, you retain full rights to any clinical or health record data created or stored within your Development Environment and may extract such data at any time. 

The Software, documentation, pricing, and any proprietary information disclosed by Better under or in connection with the Programme constitute confidential information of Better. You agree to take adequate steps to protect such information from unauthorised disclosure or use, applying at minimum the same degree of care as you apply to your own confidential information, but in no event less than reasonable care. 

Each party shall comply with applicable data protection legislation, including the General Data Protection Regulation (EU) 2016/679 (“GDPR”), in connection with the Programme. You acknowledge that any use of the Development Environment involving personal data is your responsibility, and you shall ensure appropriate legal bases and safeguards are in place. Where Better processes personal data on your behalf, the parties shall enter into a separate Data Processing Agreement.

9. Data protection

These Terms are effective from the date of Subscription activation and continue for the duration of the active Subscription period. 

The Monthly Plan may be cancelled at any time with effect from the end of the current billing month. No refund is due for the remainder of a billing month already paid. Applicable only for individuals – consumers: During the first fourteen (14) days of the Subscription period (the “Cooling-Off Period”), you may request a full refund provided no substantial use of the Programme has occurred. 

The Annual Plan is a twelve-month commitment. You may cancel the Annual Plan with effect from the end of the current twelve-month period by providing notice at least thirty (30) days before the renewal date. Early termination of the Annual Plan does not entitle you to a refund of any prepaid fees. Applicable only for individuals – consumers: During the first fourteen (14) days of the initial Subscription period (the “Cooling-Off Period”), you may request a full refund provided no substantial use of the Programme has occurred. 

Better may terminate your Subscription immediately upon written notice if you: (a) breach any material term of these Terms and fail to remedy such breach within fifteen (15) days of notice; (b) become insolvent or subject to insolvency proceedings; or (c) use the Programme in a manner that is unlawful, harmful, or in violation of Section 4.2. 

Upon termination or expiry of the Subscription: (a) your access to the Programme, Development Environment, and Software shall be deactivated; (b) you must destroy all copies of the Software in your possession; (c) you retain ownership of your Developments and may extract your data within thirty (30) days of termination, after which Better may delete such data. 

Better warrants that the Software will perform substantially in accordance with the applicable product documentation during the Subscription period (product documentation is available here: docs.better.care). Your sole remedy for breach of this warranty is, at Better’s option, repair or replacement of the Software, or a pro-rata refund of fees paid for the affected period. 

EXCEPT AS EXPRESSLY SET FORTH IN SECTION 10.1, THE SOFTWARE AND PROGRAMME ARE PROVIDED “AS IS” AND “AS AVAILABLE”. BETTER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. 

You shall use the Programme solely for lawful purposes and in accordance with these Terms. Without limitation, you shall not: 

- Use the Programme to develop solutions that are unlawful, harmful, or infringe the rights of third parties. 

- Attempt to gain unauthorised access to Better’s systems, networks, or other users’ environments. 

- Introduce malicious code, viruses, or similar harmful material into the Development Environment. 

- Use the Programme in a manner that could damage, disable, or impair Better’s infrastructure. 

- Share access credentials with any person outside your organisation. 

These Terms shall be governed by and construed in accordance with the laws of the Republic of Slovenia, without regard to its conflict-of-laws provisions. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the competent courts in Ljubljana, Slovenia. The language of these Terms and all related documentation shall be English. 

These Terms, together with any applicable order form or invoice, constitute the entire agreement between the parties with respect to the Programme and supersede all prior agreements, understandings, and representations. 

Better may update these Terms from time to time. Material changes will be communicated to you via Hive or email with at least thirty (30) days’ notice. Continued use of the Programme after the effective date of any amendment constitutes acceptance. 

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Better. Better may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. 

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. 

No failure or delay by either party in exercising any right under these Terms shall constitute a waiver of that right. 

Notices under these Terms shall be sent by email to the address registered with the Subscription or, in the case of notices to Better, to legal@better.care. 

Neither party shall be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemic, war, terrorism, labour disputes, governmental actions, or failures of third-party infrastructure. 

By clicking “Join the Programme”, completing the registration form, or otherwise subscribing to the Programme through Hive, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. 

If you are accepting these Terms on behalf of an organisation, you represent and warrant that you have the authority to bind such organisation to these Terms. 

Better, d.o.o. 

Štukljeva cesta 48, 1000 Ljubljana, Slovenia 

Registration nr.: 8505047000 

VAT ID: SI66063345 

Contact: legal@better.care