Privacy Notice & Terms of Use

Terms of Use

Thiswebsite("App")isofferedtoyoubyYouhealth SAGL, Via Guidino 7, 6900 Paradiso, Ticino, Switzerland ("Youhealth").

These Terms of Use govern your access and use of this web site and also of our mobile application (jointly: the “App”). In addition, specific terms and conditions may apply to specific content, data, materials, or information contained on or available through this App (the "Content") and to specific content, data, materials, or information you may upload, submit and/or publish to the App (“User Content”) or transactions concluded through this App. Such specific terms may apply in addition to these Terms of Use or, where and then only to the extent expressly specified, may supersede these Terms of Use.

Acceptance of Terms of Use

By accessing or using this App you give your explicit consent to be legally bound by the Terms of Use and all terms and conditions contained or referenced herein or any additional terms and conditions set forth on this App. If you do NOT agree to all of these terms, you should NOT access or use this App.

Privacy Notice

Personal data provided or collected through or in connection with this App shall only be used in accordance with Youhealth's privacy notice (“Privacy Notice”) and these Terms of Use are subject to the Privacy Notice.

Representations Disclaimers, and Warranties

No information on this App is considered medical advice. All information contained in the App is purely illustrative and are no substitute for medical advice or consultation. Furthermore, all information on the App is provided "AS IS" and "AS AVAILABLE". Youhealth, its subsidiaries, affiliates, partners and distributors;

- Hereby expressly disclaim, to the extent permitted by law, any representations or warranties of any kind, express or implied, including warranties of merchantability, fitness for any particular purpose, non-infringement, or as to the operation of this App, the Content or the User Content.

- Give NO warranties or representations that (i) the App will meet your requirements, (ii) the App will be uninterrupted, timely, secure, or error free, or (iii) the results that may be obtained from the use of the App (including any Content, information and materials on this App) will be correct, complete, accurate, reliable, or otherwise meet your requirements;

- Shall have no liability for interruptions or omissions in Internet, network or hosting or any third-party services and do not warrant that the App or the services which make this App available or electronic communications sent by Youhealth are free from viruses or any other harmful elements. Any material downloaded or otherwise obtained through the use of this App is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or devices or loss of data that results from the download of any such material.

IMPORTANT: This is a public App. You should have no expectation of confidentiality with respect to any User Content you may submit on this App. Do NOT submit confidential information here.

Contributor

Accessing certain areas of the App and using certain functions or features of the App may require you to register as a contributor. This registration is free of charge. By submitting any User Content to the App, you agree that the material will be proper, constructive and relevant and will not contain any item that may be unlawful or otherwise unfit for publication, including but not limited to items that (1) may be defamatory or injurious to another person or entity, (2) may cause harm to any person or property or otherwise defame or harass any person or organization, (3) may violate any legal rights of any person (including right to privacy or publicity), (4) are pornographic, obscene, profane, vulgar, indecent, or threatening, (5) are culturally, ethnically, or otherwise objectionable, or (6) suggest or encourage any illegal activity.

You will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material. You also shall not transmit chain letters, pyramid schemes, surveys and solicitations through the App. You shall also not forge headers or manipulate identifies or other data in order to disguise the origin of any Content and/or User Content transmitted through our App or to manipulate your presence on the App. You shall not interfere with or disrupt our sites, servers or networks or take any action that imposes an unreasonably or disproportionately large load on our infrastructure.

You affirm, represent and warrant that the User Content submitted to the App does not infringe any proprietary right of any party or person, such as but not limited to copyright, trademark or patent, or any confidentiality obligation.

You acknowledge and agree that any of your ideas, submissions or discussions or any other User Content provided by you within the App that is not the subject of intellectual property right protection may be used by any other contributor without compensation or attribution

You hereby grant to Youhealth , its subsidiaries, affiliates and other partners a worldwide, perpetual, irrevocable, royalty free, non-exclusive, sub-licensable and transferable license to use, host, store, reproduce, modify, copy, prepare derivative works of, distribute, publicly perform, publicly display, transmit and publish User Content provided by you, on this App or any other Youhealth App or in other Youhealth marketing or public relations materialsin any and all media at Youhealth’ssole discretion.

You shall be solely responsible for your own User Content and the consequences of posting submitting and/or publishing it. Youhealth may, but is not obligated to, review and monitor, before and/or after submitting User Content. However, you acknowledge that it is impossible for us to monitor or review all User Content. Without limitation, Youhealth, its subsidiaries, affiliates, partners, licensors, distributors and suppliers will not and cannot be held responsible for the accuracy, completeness, quality or validity of User Content posted by third parties on the App.

Youhealth does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and Youhealth expressly disclaims any and all liability in connection with User Content.

Youhealth has the sole right and ability to edit and/or remove messages or any other User Content which are objectionable, improper or otherwise in breach of these Terms of Use for any reason at any time without notice or consent and at its sole discretion. Any user who believes that submitted User Content is objectionable or improper is encouraged to contact Youhealth immediately by email at francois@xmed.health. Upon receipt of such notification, we will make reasonable efforts to take such action as we deem necessary within a reasonable period of time. Since this is a manual process, you are advised that we may not be able to remove or edit particular User Content immediately.

Limitation of Liability

TO EXTENT PERMITTED BY LAW, IN NO EVENT SHALL YOUHEALTH OR ANY OF ITS SUBSIDIARIES, AFFILIATES, PARTNERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL OR OTHER DAMAGES RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS, USE OF, OR INABILITY TO ACCESS OR USE THIS APP, THE CONTENT OR THE USER CONTENT, EVEN IF YOUHEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES EXCEPT TO THE EXTENT SUCH DAMAGES ARISE AS A RESULT OF FRAUD OR FRAUDULENT MISREPRESENTATION ON THE PART OF YOUHEALTH .

IF YOU LIVE IN A COUNTRY OR STATE THAT DOES NOT ALLOW ANY OF THE FOREGOING EXCLUSIONS OR LIMITATIONS OF LIABILITY OR ANY OF THE DISCLAIMERS OF WARRANTIES IN SECTION 3 ABOVE, SUCH EXCLUSIONS OR LIMITATIONS WILL NOT APPLY TO YOU BUT ONLY TO THE EXTENT SUCH EXCLUSIONS OR LIMITATIONS ARE NOT ALLOWED. IN SUCH CASE, SUCH EXCLUSIONS OR LIMITATIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification and Release

To the extent permitted by law, you agree to indemnify and hold harmless Youhealth, its subsidiaries, affiliates, partners, distributors and suppliers and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns, from and against any damages, liabilities, costs and expenses (including reasonable attorneys' and professionals' fees and litigation costs) that arise out of the posting, content, or transmission of any message, data, material or any other User Content you submit on the App or any violation of these Terms of Use by you.

If you have a dispute with one or more users, you agree to indemnify, hold harmless and release Youhealth, its subsidiaries, affiliates, partners, distributors and suppliers, and each of their respective officers, directors, employees, shareholders, legal representatives, agents, successors and assigns from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Third Party Content/Software

Youhealth isin no way responsible and issues no warranties whatsoever for the content of any site owned by a third party that may be linked to the App via hyperlink, whether or not such hyperlink is provided by the App or by a third party in accordance with the Terms of Use. Any link on our App to another site is not an endorsement of such other site and no judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any site to which the App may link, and we take no responsibility for the foregoing.

Any software made available for downloading from or through this App is licensed subject to the terms of any applicable license agreement. Except as set forth in the applicable license agreement, the software is made available for use by end users only and any further copying, reproduction or redistribution of the software is expressly prohibited.

Copyright and Trademarks and other Intellectual Property rights

Copyrights, all otherintellectual property rightsin Content and the App provided by Youhealth, its affiliates,subsidiaries and/or partners, the software to operate and publish the App, the compilation of data on the App, and the order, sequence and arrangement of this App, all belong to Youhealth and/or its partners or licensors. All rights in the Content and the App not expressly granted herein are reserved. XMED™ is a registered trademark of Youhealth. This App is public by nature and any information submitted on it shall be deemed non-confidential. You acknowledge that any submitting of any inventions embodied in any User Content provided by you shall constitute a "publication" of such invention under applicable patent laws

You acknowledge that any User Content submitted and/or discussed on the App may be the subject of patents, copyrights, trademarks and other intellectual property rights of Youhealth, its subsidiaries, affiliates, partners or third parties.

Shut-Down of Site

We have the sole right to shut down the App or any part(s) thereof for any reason at any time without notice or consent. We will have no responsibility or liability for failure to store or delete any Content and/or User Content submitted to the App.

Modification of Terms

These Terms of Use may be amended by Youhealth at any time. Such amended Terms of Use shall be effective upon posting. By continuing to access or use the App after such posting, you will be deemed to have accepted such amendments. You are advised to regularly review any applicable terms and conditions. Other Youhealth Apps may have their own terms of use which apply to such Apps. Youhealth reserves the right to discontinue or make changes or updates with respect to the App or the Content of the App at any time without notice. Youhealth reserves the right to restrict, refuse or terminate access of any person to the App or any part thereof effective immediately without notice at any time and for any reason whatsoever at its sole discretion.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of by the laws of Switzerland. Any disputes or claims arising out of or related to this Agreement shall exclusively be submitted to the competent courts in the Canton of Ticino, Switzerland.

Severability

If any provision of these Terms of Use is held to be invalid or unenforceable, then the invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced.

No Waiver

No failure on the part of Youhealth to enforce any part of these Terms of Use shall constitute a waiver of any of Youhealth's rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by Youhealth nor the reliance of any person on Youhealth's actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Youhealth shall have any legal effect whatsoever.

Last updated; 03.04.2019