Terms & Conditions

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Version: 001 2023

These terms of use (as amended from time to time, the “Terms“) together with any supplemental rules and regulations, such as the Privacy Policy (hyperlink), govern your access to and use of the services available on the mobile applications and the website (the “App“) operated by bEHR Health Systems, Inc. (“bEHR Health”)

By accessing the App or using our services you agree to accept and be bound by the current version of these Terms. In case you do not agree to the current version of these Terms, you are not authorized to continue accessing the App or using our services.

We may revise these Terms from time to time. The most current version will be available on our App. The revised Terms shall become effective from the date of publication on the App. Should these changes be substantial and where required by applicable law, we will provide you with notice (by email or by publication on the App) and/or obtain your consent.

You declare being a person entitled to enter into legally binding agreements (e.g., you are of age, not mentally unable, and not under guardianship) with bEHR Health Systems, and are not a person barred from accessing the App according to the applicable law. The App is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the App is prohibited. Persons to whom such restrictions apply must not access the App. If you choose to access the App, you are solely responsible for compliance with any applicable local laws which pertain to you.

Not a medical device

Our App provides you with the Health Score and various health, wellbeing, and similar information (collectively the “Information“) compiled based on the details specified by you, such as certain clinical health data, family history and your lifestyle. Our App is not a medical device and shall not be used for medical purposes (such as diagnostic, monitoring, prediction of a disease). The Information generated by bEHR Health is for information purposes only. Before following any of the Information, you should consult a medical practitioner to ensure this Information is suitable and relevant for your case, and stop any exercise if you don’t feel comfortable, especially if you experience any shortness of breath orlightheadedness. The Information is not intended to substitute the expertise and judgment of any doctor, pharmacist, or other healthcare professional. Making a reliable medical diagnosis, treating any medical condition, and administering any drug therapy require the involvement of independent informed healthcare professionals. In case of any specific questions regarding the treatment and care of a medical condition, you need to contact your professional healthcare provider.

Use of the App

The form and nature of the App may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating the App or any features within the App towards you or towards users generally and may not be able to provide you with prior notice. We also retain the right to create limits on the usestorage at our sole discretion at any time without prior notice to you.

We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information,to terminate users, or to reclaim usernames. We also reserve the right to access, read, preserve and disclose any Information or data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of dacadoo, bEHR Health, its users and the public. Accounts that are inactive for more than six months may be removed without prior notice.

You are responsible for safeguarding the password that you use to access your account and for any actions taken by using your password. For data security purposes, bEHR Health Systems, Inc., requires you to use “strong” passwords (i.e., passwords combining upper- and lower-case letters, numbers,and symbols). Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you change your email address or forget your password, please notify us at bEHR Health Systems, Inc. address torecover your account.

There are limitations on the use of the App. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the App the best possible experience for all users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our App will be tolerated. Any violation of these rules may lead to a temporary or the permanent suspension of all related accounts. Accounts created to replace suspended accounts will be permanently suspended.

Unlawful Use: You shall not use the App or any Information provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.

Unauthorized Access: You shall not do any of the following while accessing or using the App: (i) access, tamper with or use non-public areas of the App (except for your own account), dacadoo/ bEHR Health computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the App or any data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.

Respect for Privacy of Third Parties: You shall not disclose other people’s personal data, including their health, wellbeing,and similar data without their express authorization and permission.

No Reproduction: You shall not reproduce, duplicate, copy, sell, trade, or resell the App content and its design and look or any Information derived from the App. You are not entitled to modify or redistribute the App content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other App or in any other medium or format without our prior written consent. Further, you shall not use the App for commercial exploitation in any circumstances.

No Malware: You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.

Challenges and Public Challenges

bEHR Health Systems, Inc. allows you to register for the participation in various challenges (e.g., activity challenges, photo challenges, nutrition quizzes etc.) among certain or all users of the App which may be initiated by users (“Challenges“) or bEHR Health Systems (“Public Challenges“). By registering, you acknowledge that such participation is a potentially hazardous activity and that you are participating at your sole risk and responsibility. You further acknowledge that you will not make use of means or behave in a way that can reasonably be considered as contrary to the general rules of fairness. bEHR Health Systemsreserves the right to screen and verify your activity and to temporarily or permanently exclude you from a particular Challenge or Public Challenge or from Challenges or Public Challenges in general or to suspend or terminate your account in case we reasonably believe that such measure is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce any acknowledgements you made, including the investigation of a potential violation thereof, or to (iii) protect the rights, property or safety of dacadoo/bEHR Health, its users and the public. In cases where Public Challenges feature prize money, such prize money (less tax and other deductions as they may be applicable) will be paid out to the users achieving the best result. The assessment of such best result is separately defined for each Public Challenge. In case of a tie between the achievements of two or more users, the prize money will be equally shared between such users. Any decisions of bEHR Health regarding Challenges or Public Challenges are final.

Copyright and/or other intellectual property rights

All copyright, database right, patent, other intellectual property right, title and interest in and to the App and any Information (excluding the personal data provided by the users of the App) are and will remain the exclusive property of dacadoo and its licensors. The elements of the App, including but not limited to the general design and the imagery, and any Information are protected by copyright, trademark, patent, and other laws relating to intellectual property rights of both Switzerland and foreign countries. 

Nothing in these Terms gives you a right to use the dacadoo/bEHR Health name or any of dacadoo/bEHR Health’s trademarks, logos, domain names and other distinctive brand features. You are not entitled to use the content of the App for commercial exploitation in any circumstances. In case you breach the terms of this provision, dacadoo/bEHR Health will have the right to claim damages against you which shall include the right to claim special, incidental, consequential, or indirect damages and loss of profits.

No liability

Whilst we endeavour to ensure the accuracy of the Information, neither dacadoo, bEHR Health nor any of its directors, officers, employees, agents, partners, affiliates, and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.

Any data transmitted via the App will pass over public telecommunications networks. Although bEHR Health uses industry standard encryption technologies, bEHR Health does not give any warranty or undertaking and does not make any representation that the operation of the App will be secure, uninterrupted or error free.

The App may contain links to third-party websites or materials supplied by or contained on any third-party websiteswhich is linked from or to the App. dacadoo and bEHR Healthdoes not accept any responsibility or liability for: (i) the availability or accuracy of such websites or materials or (ii) the content, products, or services on or available from such websites or materials. Links to such websites or materials do not imply any endorsement by dacadoo/ bEHR Health of such websites or materials or the content, products, or services available from such websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or materials.

bEHR Health provides the content of the App and any Information in good faith, but your access to and use of the App is at your own risk. bEHR Health operates the App on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access and/or use the App. bEHR Health gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the App or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. bEHR Health will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the App or for the deletion of, or the failure to store or to transmit, any data or Information and other communications. bEHR Health makes no warranty that the App will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from bEHR Health or the App, shall create any implied warranty.

dacadoo, bEHR Health and its directors, officers, employees, agents, partners, affiliates, and licensors shall in no way be responsible for any decisions you may make based on the use of App and/or the Information including but not limited to whether or not you choose to seek professional medical care or treatment. You hereby waive any claim you may have or acquire against dacadoo, bEHR Health or any of its directors, officers, employees, agents, partners, affiliates, and licensors and indemnify and hold dacadoo, bEHR Health or any of its directors, officers, employees, agents, partners, affiliates, and licensors harmless from any claims, proceedings, costs, special, incidental, consequential, or indirect damages and loss of profits relating to your use of the Information.

General terms

The failure of bEHR Health to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.

These Terms, together with any supplemental rules and regulations, such as the Privacy Policy (hyperlink), are the entire and exclusive agreement between bEHR Health and you regarding the use of the App, and shall supersede and replace any prior agreements between bEHR Health and you regarding the use of the App. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

To the maximum extent permitted by applicable laws, dacadoo, bEHR Health and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable for any losses or direct, indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access/ use, or inability to access/ use the App, (ii) the use of any Information; and (iii) any unauthorized access, use or alteration of your transmissions of data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether dacadoo or bEHR Health has been informed in advance about the possibility of such damage.

To the maximum extent permitted by applicable laws, these Terms, and the use of the App shall in all respects be governed by Swiss substantive law. Any dispute arising out of or in connection with these Terms and/or the use of the App shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.