Terms of Use

Version: October 2019

These terms of use (as amended from time to time, the “Terms“) together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to and use of the services available through the oBPM mobile application and the website (the “App/Website“) operated by DThx – Digital Therapeutics AG, Färberstrasse 8, 8008 Zurich, Switzerland (“DThx“). Your access to the App/Website and use of our services is subject to your acceptance of and compliance with these Terms. By accessing the App/Website 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/Website or using our services.

1.      Our App/Website provides you with various health, wellbeing and related information (collectively the “Information“) compiled based on the details specified by you, such as certain clinical health data, family history and your lifestyle (the “Data“). The Information generated by oBPM is for information purposes only. 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.

2.      The form and nature of the App/Website 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/Website or any features within the App/Website 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 use storage at our sole discretion at any time without prior notice to you.

3.      The collection and use of the Data which you provide are subject to our Privacy Policy. By using the App/Website you consent to the collection and use of the Data by DThx in accordance with the Privacy Policy.

4.      We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information or Data and to terminate users or reclaim user names. 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 DThx, its users and the public. Accounts that are inactive for more than six months may be removed without prior notice.

5.      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, DThx 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 info@dthx.ch in order to recover your account.

6.      There are limitations on the use of the App/Website. These limitations comply with legal requirements and aim to protect our users from abuse and to make the use of the App/Website 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/Website 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

A.      Unlawful Use: You shall not use the App/Website 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.
B.      Unauthorized Access: You shall not do any of the following while accessing or using the App/Website: (i) access, tamper with or use non-public areas of the App/Website (except for your own account), DThx 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/Website 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.
C.      Respect for Privacy of Third Parties: You shall not disclose other people’s health, wellbeing and similar data without their express authorization and permission.
D.      No Reproduction: You shall not reproduce, duplicate, copy, sell, trade or resell the App/Website content and its design and look or any Information derived from the App/Website. You are not entitled to modify or redistribute the App/Website content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other App/Website or in any other medium or format without our prior written consent. Further, you shall not use the App/Website for commercial exploitation in any circumstances.
E.      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.

7.     All copyright, database right, patent, other intellectual property right, title and interest in and to the App/Website and any Information (excluding the Data provided by the users of the App/Website) are and will remain the exclusive property of DThx and its licensors. The elements of the App/Website, 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 DThx name or any of DThx’s trademarks, logos, domain names and other distinctive brand features. You are permitted to download and print any Information from the App/Website solely for your own personal use and/or internal business purposes. You are not entitled to use the content of the App/Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, DThx 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.

8.     Whilst we endeavour to ensure the accuracy of the Information, neither DThx 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.

9.     Any Information transmitted via the App/Website will pass over public telecommunications networks. Although DThx uses industry standard encryption technology, DThx does not give any warranty or undertaking and does not make any representation that the operation of the App/Website will be secure, uninterrupted or error free.

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

11.  DThx provides the content of the App/Website and any Information in good faith, but your access to and use of the App/Website is at your own risk. DThx operates the App/Website 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/Website. DThx gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the App/Website or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. DThx 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/Website or for the deletion of, or the failure to store or to transmit, any Data or Information and other communications. DThx makes no warranty that the App/Website 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 DThx or the App/Website, shall create any implied warranty.

12.  DThx 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/Website 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 DThx or any of its directors, officers, employees, agents, partners, affiliates and licensors and indemnify and hold DThx 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.

13.  To the maximum extent permitted by applicable laws, DThx 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 to or use of or inability to access or use the App/Website, (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 DThx has been informed in advance about the possibility of such damage.

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

15.  These Terms, together with any supplemental rules and regulations, such as the Privacy Policy, are the entire and exclusive agreement between DThx and you regarding the use of the App/Website, and shall supersede and replace any prior agreements between DThx and you regarding the use of the App/Website. In the event that 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.

16.  DThx operates the App/Website from Switzerland and the Information is deemed to have been delivered in Switzerland. You are only allowed to access the App/Website if you are entitled to enter into a binding contract with DThx and are not a person barred from accessing the App/Website according to the applicable law. You undertake to access the App/Website solely in compliance with these Terms and all applicable rules and regulations. The App/Website 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/Website is prohibited. Persons to whom such restrictions apply must not access the App/Website. If you choose to access the App/Website from outside Switzerland you are solely responsible for compliance with any applicable local laws.

17.  These Terms and the use of the App/Website 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/Website 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.

18.  We may revise this Terms from time to time. The most current version will be available on our App/Website (www.dthx.ch, specifically on https://www.dthx.ch/terms-of-use). The revised Terms shall become effective from the date of publication on the App/Website. Should these changes be substantial, we will provide you with notice and, where required by applicable law, obtain your consent. This notice will be provided by email or by publication on the App/Website.