Terms of Use Renewmyday

Version: 1.0 
Date: 22 September 2025

Note: This document is governed by Dutch law. Where consumer rights are concerned, mandatory provisions of Dutch and/or EU law prevail. For business relationships (B2B), additional terms in a (framework) agreement and/or Data Processing Agreement (DPA) apply; in case of conflict, those prevail.

1. Definitions

In these Terms of Use ("Terms"), capitalized terms have the following meaning:

• Renewmyday, we, our: Renewmyday B.V. (Chamber of Commerce registration no. 85151750 and its parent company Holistic Health Concepts International B.V., including their group companies.
• Platform: all digital environments and functionalities provided by Renewmyday, including websites (such as www.renewmyday.com, program.renewmyday.com and subdomains), web and mobile applications, portals, dashboards, APIs, and supporting infrastructure.
• EAP (Employee Assistance Program): the program offered through the Platform, including (among other things) 1‑on‑1 support, information, prevention, referral, and (self‑)help tools aimed at employee wellbeing and vitality.
• Services: all services provided or facilitated via the Platform, including but not limited to: intake, triage, 1‑on‑1 sessions, coaching, (e‑)health modules, AI coaching tools, questionnaires, vitality programs, on‑demand content, community features, and (aggregated/anonymous) reports to Clients.
• Content: all information, data and materials on or via the Platform, including text, audio, video, images, modules, questionnaires, algorithmic output, statistics, guides, and Expert profiles.
• User: any natural person visiting or using the Platform (including employees of a Client), with or without an account.
• Client: any legal entity/organization that enters into an agreement with Renewmyday for the purchase of (parts of) the Platform and/or Services (e.g., employer, insurer, intermediary).
• Expert: an independent professional, healthcare provider or coach who may provide Services to Users via the Platform; not employed by Renewmyday.
• Account: the personal or organizational access that a User or Client uses to access the Platform.
• Organization Administrator: a natural person appointed by the Client to perform administrative actions on behalf of the Client (e.g., inviting employees, viewing aggregated reports).

2. Applicability and hierarchy

2.1 These Terms apply to any use of the Platform and to all (legal) acts between Renewmyday and Users/Clients.
2.2 If a (framework) agreement, quotation or DPA with a Client contains different provisions, those prevail over these Terms.
2.3 Any purchase or general terms of the Client are expressly excluded, unless accepted in writing by Renewmyday.

3. Content, no (medical) advice and emergencies

3.1 The Platform provides both Self‑help (tools/programs/content) and Individual Guidance (1‑on‑1 sessions) by Experts. Services are not a substitute for medical advice, diagnosis, or (acute) treatment.
3.2 In case of serious or acute psychological/medical issues: contact your GP, the emergency line, or in case of suicidal thoughts call 113 (or 112 in case of immediate danger).
3.3 Renewmyday does not qualify as a healthcare provider under Dutch healthcare legislation (Wkkgz) where Services are purely informational or where the Platform merely acts as an intermediary between User and Expert.
3.4 Experts are independent and bear their own professional responsibility, quality assurance and (where required) professional registration/insurance.

4. Access, accounts and use

4.1 You may only use the Platform within the purpose and limits of these Terms and applicable laws and regulations.
4.2 Certain functionalities require an Account. You are responsible for keeping login details confidential and for all activities under your Account.
4.3 Age: the Platform is intended for persons 18 years and older. 

4.4 Renewmyday may (temporarily) restrict access or suspend Accounts in case of (suspected) abuse, security risks or non‑compliance with these Terms.
4.5 Permitted use: you may not use the Platform for unlawful purposes, to test/bypass security, to distribute malware, to scrape beyond reasonable API or robots.txt limits, or to perform actions that impact the availability or integrity of the Platform.

5. Availability, maintenance and changes

5.1 Renewmyday aims for high availability of the Platform and will resolve outages as quickly as possible on a best efforts basis. No guarantee of uninterrupted availability is provided.
5.2 We may change, improve, expand, or discontinue the Platform, Content, or Services (in whole or in part). Where reasonably possible, we will inform Users/Clients in advance.
5.3 Planned maintenance and urgent updates may temporarily affect availability.

6. Self‑help, intake and individual guidance

6.1 Self‑help tools are offered by Renewmyday and/or partners. Suitability may vary per person. Users with pre‑existing conditions (e.g., high/low blood pressure, arrhythmias, severe psychological disorders, respiratory problems) are advised to seek prior medical advice. Participation is at own risk.
6.2 Intake and 1‑on‑1 sessions: contact with Wellbeing Officers and Experts follows the steps described on the Platform. Renewmyday does not guarantee the accuracy/completeness of Expert profiles, nor any specific results.
6.3 The trust relationship between User and Expert is fundamental. Continuation or termination of the guidance is always a joint decision of User and Expert. Such decision takes place within the scope and limits of the arrangements agreed between Renewmyday and the relevant Client (e.g., number or duration of sessions). If continuation falls outside those arrangements, separate consultation or an additional agreement may be required.

6.4 Renewmyday may deny access to (parts of) the Platform if participation is reasonably considered harmful to someone’s health or safety.

7. EAP‑specific provisions (privacy & reporting)

7.1 For EAP Services, the confidentiality principle applies: personal data and session content of Users are not shared with the employer/Client, except: (i) with explicit, informed User consent; (ii) where legally required; or (iii) in cases of acute threats to life/safety where disclosure is permitted or required.
7.2 Client only receives aggregated and/or anonymized reports, in line with agreed thresholds and our Privacy Notice/DPA.
7.3 Renewmyday acts as a processor on behalf of the Client (employer) in most cases; for its own Platform purposes Renewmyday is a controller. See Article 9 and our Privacy Notice.

8. Intellectual property and licenses

8.1 All intellectual property rights in the Platform and Content belong to Renewmyday and/or its licensors.
8.2 Without prior written permission, you may not publish, reproduce, distribute, translate, reverse engineer, or create derivative works of the Content or Platform, except where mandatory law permits.
8.3 User Content: when uploading material, you grant Renewmyday a worldwide, non‑exclusive, royalty‑free license to host, store, reproduce, display, and technically process such material as required for providing the Platform/Services.
8.4 Feedback: suggestions or improvements you share with us may be used freely without compensation.

9. Privacy, data protection and AI functionalities

9.1 We process personal data in compliance with applicable laws (including the GDPR). Details are set out in our Privacy Notice and – where applicable – in the DPA with Client.
9.2 AI functionalities (such as coaching tools) are subject to: (i) output is algorithmically generated and may be inaccurate/incomplete; (ii) you are solely responsible for assessing its suitability; (iii) we apply appropriate technical/organizational measures; (iv) anonymized/pseudonymized data may be used to improve models and services, respecting legal frameworks and our Privacy Notice/DPA.
9.3 Security: we apply appropriate measures (Art. 32 GDPR). No system is 100% secure. Report incidents via the Platform channels provided.
9.4 Retention periods and data subject rights are respected according to law and policies. Requests for access/erasure can be submitted as described in the Privacy Notice.

10. Third‑party services

10.1 The Platform may integrate with or refer to third‑party services (e.g., video call providers, e‑health modules, app stores). Use of such services may be subject to their own terms/privacy policies.
10.2 Renewmyday is not responsible for the functioning, security, or lawfulness of third‑party services, unless mandatory law dictates otherwise.

11. Fees and invoicing (B2B)

11.1 Unless otherwise agreed, Renewmyday invoices Services to Client based on the agreement/price list.
11.2 Unless explicitly stated otherwise, fees are exclusive of VAT and other levies. Payment term: 30 days from invoice date.
11.3 In case of late payment, Renewmyday may charge statutory (commercial) interest and reasonable (extra)judicial collection costs and may suspend access.

12. Warranties and disclaimers

12.1 The Platform and Content are provided on an “as is” and “as available” basis.
12.2 Renewmyday does not warrant that the Platform will be error‑free, uninterrupted, or free from harmful components, nor that it will yield specific results.
12.3 To the extent permitted by law, we exclude all express and implied warranties, including fitness for a particular purpose, merchantability, and non‑infringement.

13. Liability and indemnity

13.1 Renewmyday is not liable for: (a) inaccuracies/incompleteness of Content; (b) (temporary) unavailability of the Platform; (c) damages arising from or related to use of the Platform/Services (including 1‑on‑1 sessions), self‑help activities, or acts/omissions of Experts; (d) unlawful use of confidential information by third parties; and (e) indirect, consequential, incidental damages, lost profits, missed savings, data loss or business interruption.
13.2 If Renewmyday is nonetheless liable, liability is limited to the greater of: (i) the fees paid by the Client to Renewmyday for the relevant Service in the 12 months preceding the event causing the damage, or (ii) € 25,000 per event (series of related events deemed one event), capped at € 100,000 per calendar year.
13.3 These limitations do not apply in case of damages resulting from intent or willful recklessness of Renewmyday’s management, or where liability cannot be excluded/limited by law (e.g., death/personal injury caused by negligence, where exclusion is not permitted).
13.4 Indemnity: User and/or Client indemnify Renewmyday against third‑party claims related to (i) unlawful use of the Platform/Services, (ii) breach of these Terms or third‑party rights, or (iii) data/materials provided by User/Client.

14. Force majeure

14.1 Force majeure means any circumstance beyond Renewmyday’s reasonable control that prevents performance (including internet/hosting failures, utility outages, cyberattacks, epidemics, fire, natural disasters, strikes, government actions, supplier outages).
14.2 During force majeure, obligations are suspended; if lasting longer than 60 days, either party may terminate without liability.

15. Termination and data return

15.1 User may terminate their Account via the Platform; Client may terminate according to the agreement.
15.2 Upon termination, access may be closed and data may be deleted in line with legal retention periods and our Privacy Notice/DPA.
15.3 Where contractually agreed, Renewmyday will reasonably cooperate with data portability/export at then‑current rates.

16. Complaints and reports

16.1 Complaints, security incidents, or vulnerabilities may be reported via info@renewmyday.com or the reporting channels listed on the Platform.
16.2 We aim to handle complaints promptly and carefully; this does not affect statutory complaint procedures under applicable law.

17. Changes to these Terms

17.1 Renewmyday may amend these Terms. The most recent version will always be available on the Platform with a date stamp.
17.2 For material changes not solely beneficial to Users/Clients, we will – where reasonably possible – provide prior notice. Continued use after the effective date constitutes acceptance.
17.3 If you are a consumer‑User and the change is materially detrimental, you may terminate use before the change takes effect.

18. Assignment and subcontracting

18.1 Renewmyday may assign rights and obligations under these Terms within the group or to a successor in a merger/acquisition/asset deal, subject to legal requirements.
18.2 Renewmyday may engage subcontractors for Services, ensuring GDPR compliance and contractual safeguards.

19. Severability and waiver

19.1 If any provision is (partly) void or unenforceable, the remaining provisions remain effective and the invalid provision will be replaced with a valid one reflecting its intent as closely as possible.
19.2 Failure to enforce a right does not constitute a waiver of that right.

20. Governing law and jurisdiction

20.1 These Terms and all use of the Platform are governed by Dutch law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
20.2 Unless mandatory law dictates otherwise, disputes are subject to the exclusive jurisdiction of the Amsterdam District Court.

21. Contact

Renewmyday B.V.
Email: info@renewmyday.com
Nijverheidslaan 3A9

1382 LE Weesp

The Netherlands

Annex A – Expert responsibilities (informative)

• Expert is an independent professional and not an employee/agent of Renewmyday.
• Expert is responsible for compliance with applicable laws and professional standards (e.g., WGBO, Wkkgz, BIG, professional codes) and for adequate professional/liability insurance.
• Expert respects User confidentiality, record‑keeping and information rights according to law and professional norms.
• In case of acute threat or legal obligation, confidentiality may be broken in line with legal/professional rules.

Annex B – Acceptable Use (summary)

Prohibited are, among other things: (i) infringement of IP rights; (ii) uploading/distributing unlawful, discriminatory or privacy‑violating content; (iii) scanning/attacking systems; (iv) bypassing access/use restrictions; (v) using the Platform in violation of applicable laws (including GDPR).Top of Form