Terms of Service

These Terms of Service (hereinafter referred to as "Terms of Service" or "Terms") apply to every user of the services made available through the application or website provided to you by [Clinic], [Clinic Address] (hereinafter referred to as "we" or "us"). By registering for our Services, you accept these Terms. The application and website are hereinafter both referred to as the "App" and the services provided thereon as the "Services".

1. Scope

Through our App, we provide personalized information, coaching and support services to you in relation to your health and wellbeing. Please note, however, that the App is neither a medical device nor does it provide medical advice. The App may also contain services and/or information of third parties, to which we only provide access. Different or additional terms and conditions may apply with respect to the use of such third party services. [The specific terms of use of Apple or Google (provided below) will apply in addition if you download the App from Apple's App store or from Google's Google Play Store, respectively.]

2. Registration and Acceptance of Terms

By registering for or accessing our App or Services, you accept these Terms. You thereby (a) enter into a valid contract with us regarding your access to the Services through the App at the terms and conditions set out herein; and (b) confirm that you are at least 18 years of age.

These Terms constitute the entire agreement between you regarding your use of our App and Services. If you do not agree to these Terms then you may not use our App or Services. 

We may change or adapt these Terms at any time and will communicate such changes to you in an appropriate manner. You accept such changes when you continue to access the App or Services after having been made aware of them.

3. Fees and Payment

4. Accessing and Using the App and Services

We will grant you access to the various modules of our App in their current version, subject to these Terms. Your right to access and use the App is conditioned on your compliance with these Terms. We may at any time suspend or terminate your access to the App or Services with immediate effect.

The App and the Services are provided 'as is' and 'as available' without any warranty or support. We do not make any representations and disclaim all warranties, express, implied or statutory, including regarding fitness for a particular purpose or use, satisfactory quality and non-infringement. We may at any time change, alter or amend the App or the Services, which may lead to the Services temporarily not being available. We do not guarantee a specific level of availability.

You must not let any third party have access to the App using your credentials and you are obligated to inform us immediately after becoming aware that non-authorized third parties have possession of or access to your credentials or your account. You are personally liable for any use or activity that is being carried out using your credentials or account.

5. Connectivity and Third Party Resources

The App may allow you to upload information and data from your devices such as e.g. wearables, fitness trackers, etc. Please note that any such information uploaded to the App will become part of the data connected to your account and processed within the App.

The App may contain services or information of third parties, to which we only provide access. Different or additional terms and conditions may apply with respect to the use of such third party services. 

We may provide links to third party resources, such as e.g. websites or applications. We do not endorse or make any representations about these third party resources, or about any information,  products or materials found there, and any access thereto will be entirely at your own risk, as we have no responsibility for the content of such third party resources and shall not be liable for any damages or injuries arising from the content from such third party resources.

7. Limitations and Modifications

Please be aware that the App is neither a medical device nor an emergency information system and does not provide any medical services, information or advice. If you are in need of medical attention please contact your local emergency services or your physician.

You are, at your own cost, responsible for the means necessary to access the App and Services, including all required hardware, software and internet connection on your side (such as e.g. a current browser). The use of our App requires an online connection. You have sole responsibility for ensuring such online connectivity and for any fees or charges, including data charges, incurred by you in connection with the use of the App. 

We reserve the right to modify, amend or discontinue any part of the App or Services at any time. We will announce such changes in a timely and appropriate manner. We may from time to time, without being obliged to, make available updated versions of the App and require you to have the latest version of the App installed in order to be able to properly use our App and Services. Please be aware that future updates might require an updated version of the operating system on your mobile device as well.

8. Intellectual Property Rights

All content and information (including pictures, videos and further data) published in or made available through our App or Services (the "Content") are protected by intellectual property rights, in particular by copyright, and you are not allowed to use such Content for any other purpose than receiving the Services.

You may not reproduce (or use to create derivative works), reverse engineer, decompile, modify, transmit, distribute, license or sell any Content. No intellectual property rights shall be transferred to you and we or our licensors shall retain all intellectual property rights in the App, the Services, the Content, and all software and applications related thereto.

Any ideas, suggestions or other form of feedback you communicate to us regarding possible adaptations, enhancements or modifications of our App or Services will be treated as non-confidential and non-proprietary and we shall hold all right and title thereto without any compensation whatsoever owed to you.

9. Compliant Use

You may use our App and Services only as allowed by law and according to these Terms. You may not use the App, Service or any Content for any other purpose than intended or in any way that violates applicable law or any rights of third parties. If we suspect any non-compliant use, we may at any time suspend your access to the App or Services immediately.

In particular, you may not (a) access all or any part of the App or Services in order to create or build a product or service which competes in whole or in part with the Services; (b) reverse engineer, decompile, disassemble, modify, license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit the App or Services, their Content or any part thereof, or otherwise make the Services or their Content available to any third party; or (c) interfere with or disrupt the integrity or performance of the App or Services or attempt to gain unauthorized access to the App, Services, their Content or their related systems or networks.

You are required to provide correct information regarding yourself in order for us to grant you access to our App and Services, and you must update such information in case of any changes. Further information regarding our processing of personal data can be found in our Privacy Notice.

10. Warranty, Liability and Indemnification

To the fullest extent permitted by law, we make no warranties, either express or implied, about the App or the Services. Both the App and Services are provided 'as is' and on an 'as available' basis. We also disclaim any warranties of merchantability, fitness for a particular purpose, and non-infringement.

We hereby exclude, to the fullest extent permitted by law, any and all liability for all damages caused by us, our employees, directors, officers, contractors, providers and auxiliaries, regardless of legal theory, except where such exclusion is limited by mandatory law. This exclusion of liability is applicable to all types and categories of damages, including indirect and consequential damages (including loss of data), regardless of its legal basis.

You agree to indemnify us and hold us harmless from any and all liabilities, penalties, claims and demands brought forth by third parties (including any costs, expenses and reasonable attorney’s fees related thereto) resulting from your use of our App or Services.

11. Data Protection and Data Use

We are committed to protecting your privacy. Further information regarding our processing of your Personal Data (i.e. any data that is or can be linked to you) can be found in our Privacy Notice. We will only process and use your Personal Data as set out therein.

Any non-personal data collected or processed through our App or Services, which is not or no longer linked to you (i.e. "Anonymous Data"), may by used by us or our service providers, in particular to improve the Services, to design further products and services, or for any other purpose at our discretion. By accessing our App or Services, you hereby grant us a non-exclusive, transferable and sublicensable, irrevocable and royalty-free right to use such Anonymous Data in any available manner, unlimited in time and geography.

12. Term and Termination

Your contract with us is concluded for an indefinite period and may be terminated by either party at any time [with immediate effect]. In particular, you may terminate it at any time [without a notice period] by deleting your account as provided for in the App.

We may at any time suspend or terminate your access to the App or Services immediately and either party may terminate the contract at any time for good cause.

13. Severance, Applicable Law and Jurisdiction

If any provision of these Terms is held unenforceable, the remainder of these Terms shall remain in full force and effect.

These Terms are governed by substantive [country] law, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) and the conflicts of law provisions, subject only to any mandatory law providing otherwise.

Exclusive place of jurisdiction is [jurisdiction] except where mandatory statutory law provides otherwise.