1. About us and our services

1.1 These terms of use describe the rights and obligations between Care Preventive AG ("we", "us", "CARE"), Neuwiesenstrasse 15, 8400 Winterthur, and you ("you", "User") with respect to the use of the CARE mobile app ("CARE App").

1.2 The terms defined in the CARE Terms of Treatment and Use and used herein have the same meaning. In the event of contradictions, the terms of use of the CARE App shall take precedence, but only insofar as the use of the CARE App is concerned.

1.3 The CARE App is provided as part of your CARE Plan. The CARE App shows you your current values from the blood tests & health checks, the reports from your CARE doctor and health coach, as well as any treatment options and/or lifestyle optimizations.

1.4 You can find the results of your analyses and suggestions on how you can improve your health in our mobile app (the "CARE App").

2. Scope of these Terms of Treatment and Use

2.1 These CARE Terms and Conditions of Treatment and Use ("CARE Terms", "Terms", "Care Terms and Conditions", "CARE Terms", "Terms of Service", "ToS") govern the legal relationship between you and us when, for example, you book an appointment or use a service (you and we are hereinafter collectively referred to as the "Parties" and individually as a "Party"). When you book an appointment or use a service, you unconditionally agree to the CARE Terms and Conditions.

2.2 The terms of use of the CARE App apply to the use of the CARE App. By using the CARE App, you unconditionally agree to the terms of use of the CARE App.

3. Personal requirements

3.1 Our services are aimed at private individuals and are available to persons who are at least 18 years old and capable of judgment.

3.2 The written consent of a legal representative is required for persons under 18 years of age or persons incapable of judgment. We recommend that a legal representative is present at all appointments.

3.3 Naturally, the services can only be provided to people who are suitable for them. For this reason, the mandatory prerequisite for all services is that there are no contraindications (see in particular the Patient Information). We also reserve the right to reject persons for whom there are other reasons for exclusion.

3.4. By agreeing to these CARE Terms, you confirm that these requirements are met.

4. Appointment booking, initial consultation, booking of services

4.1 The best way to use our services is to book them via our website or the CARE App. If a location offers this option on the website and capacity permits, you are also welcome to drop by directly without prior notice.

4.2 The scope and prices of the services are indicative and can be found on our website, although we reserve the right to offer new services and change or discontinue existing ones at any time.

4.3 The contract for a service you have booked is concluded when we accept your booking, whether by written confirmation of your booking via email, CARE App or other form of text, or by processing your partial or full payment.

5. Scope of services

5.1 The duration and scope of the services depend on the booking confirmation that you receive after booking. Please check the booking confirmation carefully to ensure that the correct services have been booked. The services you have booked may change and there is no entitlement to the continuation of individual services you have booked. However, we will endeavor to offer an equivalent service in the event of changes.

5.2 You can decide for yourself whether you wish to make use of all or only some of the services you have booked. Any services not utilized expire without replacement or compensation after 12 months. You expressly waive your right to the benefits after this period and declare that you have no claim to them or to a (partial) refund.

5.3 It may be that the services cannot be provided at the intended location. In principle, there is no entitlement for the service to be provided at a specific location. We will of course endeavor to accommodate your wishes regarding the location as best we can. However, you agree that the service can be provided at any location of CARE or a service partner and also at several locations. Depending on the offer and possibilities, individual services can or will be provided via electronic means of communication.

5.4 Other services:

(a) Included with the purchase of a service is the use of the CARE App, which is governed by the Terms of Use of the CARE App.

(b) Activities such as yoga nidra, breathwork sessions, sleep workshops, running, etc. are offered via the CARE Community ("Community Events", "Activities"). There is no entitlement to participate in the Community Events and CARE reserves the right to exclude participants or discontinue Community Events at any time without replacement or compensation.

5.5 In the event of non-compliance with the instructions of CARE staff, CARE may warn you or, at its own discretion, exclude you from individual services without compensation.

6. Costs and payment

6.1 Prices

6.1.1 All services are generally subject to a charge, unless a service is explicitly stated to be free of charge.

6.1.2 The applicable prices are those that are communicated to you before you book the services and are shown in your booking confirmation.

6.1.3 Until we confirm your booking via email, CARE App or other form of text, or process your partial or full payment, the prices announced (e.g. verbally, in brochures or on the website) are indicative and do not constitute an offer.

6.2 Payment

6.2.1 As a rule, chargeable services must be paid in full immediately after conclusion of the contract. Alternatively, we offer a partial payment option or installment payments if the conditions are right. We will be happy to inform you about the payment options at one of our locations or if you get in touch with us via email or social media.

6.2.2 In the event of full or partial non-payment, we reserve the right not to provide the service and to discontinue it.

6.2.3 You agree to pay in full any fees or other transaction costs that may be incurred during the transfer.

6.2.4 Payments must be made in Swiss francs (CHF) unless we offer payment in another currency.

6.2.5 If you choose to make your payment through one of our third-party payment providers, these third-party providers are responsible for the security and processing of the transactions.

7. Postponement and cancellation of appointments, delay, no-show

7.1 Postponement & cancellation

7.1.1 Please note that if you have booked appointments, this time will be reserved exclusively for you. We understand that there may be times when an unforeseen event occurs and you may not be able to attend one of your appointments on time or at all. Should such circumstances arise, please contact us immediately.

7.1.2 You can postpone or cancel an appointment with us up to 24 hours in advance. It is no longer possible to reschedule less than 24 hours before your appointment. In this case, your entitlement to the service agreed on this date will lapse without any entitlement to compensation or (partial) reimbursement. The same applies if you do not turn up for the agreed appointment. As a gesture of goodwill, the treating medical or non-medical staff may suggest an alternative appointment, whereby the right is reserved to charge a reasonable fee in the amount of the corresponding service.

7.1.3 It may happen that we also have to postpone an appointment (e.g. because staff are unavailable due to illness). In this case, we will arrange an alternative appointment with you. We may postpone your appointment at any time and as often as necessary without compensation.

7.2 Delay, no-show

7.2.1 If you arrive late for an appointment, you are only entitled to the services during the agreed time.

7.2.2 If the agreed consultation or the agreed analysis or treatment can no longer be carried out due to your delay, the entitlement to the service agreed on this date lapses without entitlement to compensation or (partial) reimbursement.

7.2.3 If your delay causes additional costs (e.g. because an additional appointment or staff overtime is necessary), you undertake to bear these costs.

8. Your duties

8.1 You commit to:

(a) act in good faith and in particular to provide truthful information about your person, health and physical condition;

(b) inform us immediately of any changes to the information about your person, health and physical condition;

(c) provide us with your correct contact details;

(d) be solvent when ordering the services;

(e) notify us immediately of any inability to pay during treatment;

(f) follow the instructions of the responsible staff when utilizing the services;

(g) provide us only with information and documents to which you are authorized and which may be shared with us;

(h) read the Patient Information and other information made available to you about the services carefully before using them and to contact us if you have any questions.

8.2 to be liable for any damage to training facilities and equipment as well as for the loss of borrowed items and to reimburse us in full for repair and/or replacement costs.

9. Your rights if a treatment does not go as expected

9.1 We would like to point out that we cannot guarantee the success of the treatments, as each person responds to them individually.

9.2 If the treatment does not lead to the desired result and you are not satisfied, please contact us so that we can look into your concerns.

9.3 There are no claims such as warranty rights (rectification, reduction or similar) if a treatment does not lead to the desired result or does not correspond to what you had hoped for.

10. Risks, side effects

10.1 The Patient Information provides information on how the analyses and treatments are carried out and what risks and side effects may occur. The patient information also provides you with information about the non-medical services in the area of "Health Coaching" and "Community Events". Please read the patient information carefully and ask us any questions you may have.

10.2 By accepting these CARE Terms of Treatment and Use, you declare that you have read and fully understood the patient information.

11. Disclaimer

11.1 You assure us that you have familiarized yourself with the risks and side effects of the services (including the activities) and that you are using the services (including the activities) voluntarily and at your own risk.

11.2 You (including your heirs, representatives and authorized agents):

(a) Fully indemnify and hold us, our agents, representatives, employees, other customers and other participants in activities, sponsors, advertisers and, if applicable, owners and lessors of the premises used for the services ("Indemnitees") harmless from any and all claims, liabilities, causes of action, damages, costs or losses arising out of or in connection with our services (including your participation in Activities), whether due to the negligence of the Indemnitees or otherwise, to the fullest extent permitted by law;

(b) that the indemnity under clause 11.2 (a) above also applies in particular if there are risks or side effects associated with the service (including the activities) and this results in damage or you do not follow the doctor's instructions before, during or after an analysis, treatment or activity;

(c) to be responsible for your own valuables and personal belongings (as we cannot guarantee that they will be kept safe) and we and the Indemnitees are not liable for loss or damage;

(d) that CARE is not responsible for services that are not provided by CARE but by service partners or other third parties ("Third Party Services") and that you fully indemnify and hold CARE harmless in this regard;

(e) authorize us, our employees and agents to obtain medical care, including transport, hospitalization or other medical treatment deemed necessary, in the event of an injury or medical emergency.

(f) You agree that liability for slight negligence is completely excluded to the extent permitted by law;

12. Privacy

12.1 In the Privacy Policy, we inform you how we process and protect your personal data (including your health data). Please read it carefully and ask us any questions you may have.

12.2 If a service is provided by a service partner or other third party, you agree that (a) CARE may pass on your data collected in the course of providing the service to such service partners or other third parties if this is necessary for them to provide the service, and (b) such service partners or other third parties may pass on your data collected in the course of providing the service to CARE. The CARE Privacy Policy applies to the subsequent processing by CARE.

12.3 If a release from professional secrecy is required for the transfer of your data in accordance with section 12.2, you agree to such a release to the extent mentioned in section

13. Photos & Videos

We occasionally take photos and/or videos of our community events for various purposes, including for marketing on our website, Instagram profile and other social media. By accepting the CARE Terms of Treatment and Use, you expressly give us your consent to capture and use such images and/or videos in which you may appear. If you do not wish to be photographed and/or filmed, please inform our staff or the instructor before the start of an activity.

14. Final provisions

14.1 Completeness

14.1.1 The CARE Terms of Treatment and Use form the basis for the rights and obligations in connection with the services provided by us.

14.1.2 The services require your acknowledgement of and agreement to the declarations of consent, patient information, waivers and other information and documents that we submit to you in connection with the provision of the services, which then form part of the contract with us in their respective current version.

14.1.3. Use of the CARE App is subject to the Terms of Use of the CARE App, which form an integral part of the CARE Terms of Treatment and Use.

14.2 Modification of these conditions

14.2.1 We may change these CARE Terms and Conditions at any time. We will inform you of the change in an appropriate manner. Unless you object in writing (e.g. by email) within one month of us informing you, the changes will be deemed to have been approved.

14.2.2 The currently valid version of these CARE Terms of Treatment and use can be found on our website.

14.3 Waiver of rights

If one party fails to fulfill part of the contract and the other party does not insist on proper fulfillment, it does not waive the right to fulfill other parts of the contract.

14.4 Severability

If one or more provisions of these Terms are invalid or ineffective, the remaining provisions shall remain unaffected. The parties shall replace the invalid or ineffective provisions with provisions that are valid and effective and best reflect the original intention of the parties and, if possible, lead to the same economic result.

14.5 Applicable law and place of jurisdiction

14.5.1 Swiss law shall apply to all claims of the parties in connection with the services provided by us (without application of international treaties or conflict of laws rules that would lead to the application of a different law).

14.5.2 The parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.

1. Subject

1.1 These terms of use describe the rights and obligations between Care Preventive AG ("we", "us", "CARE"), Neuwiesenstrasse 15, 8400 Winterthur, and you ("you", "User") with respect to the use of the CARE mobile app ("CARE App").

1.2 The terms defined in the CARE Terms of Treatment and Use and used herein have the same meaning. In the event of contradictions, the terms of use of the CARE App shall take precedence, but only insofar as the use of the CARE App is concerned.

1.3 The CARE App is provided as part of your CARE Plan. The CARE App shows you your current values from the blood tests & health checks, the reports from your CARE doctor and health coach, as well as any treatment options and/or lifestyle optimizations.

2. Right of use

2.1 During the term and within the scope of the purposes of your CARE Plan, we grant you a limited, revocable, non-transferable, non-sublicensable and non-exclusive right to use the CARE App in accordance with these terms of use and within the scope of the features provided from time to time.

2.2 Any open source software or third party software integrated into the CARE App shall be made available in accordance with the open source or third party license.

3. Intellectual property

3.1 Our intellectual property

3.1.1 The CARE App, including all related products (e.g., product designs, logos, trademarks, written products, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.) and all related proprietary and intellectual property rights are owned by or licensed to us.

3.1.2 All rights not explicitly granted to you by us under these terms of use are expressly reserved by us.

3.1.3 Any enhancement, development, modification or alteration of any kind of the CARE App, including any related products (e.g., product designs, logos, trademarks, written products, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.) created, produced, edited, conceived or put into practice by us alone or jointly with Users or third parties during the term of our agreement, and all related proprietary and intellectual property rights worldwide, are our sole and exclusive property, without compensation to any contributing User or third party.

3.2 User content

3.2.1 The rights to content that you transmit to us as part of the use of the CARE App remain the intellectual property of the respective beneficiary. As long as you use the CARE App, you grant us a limited right to use such content if and to the extent necessary for the provision and further development of the CARE App or the provision of our services.

3.2.2 You represent and warrant that your own content or third party content you use does not violate any applicable laws or intellectual property or other proprietary rights of any third party. We are not liable for such content. You are solely responsible for such content and shall fully indemnify us in respect thereof.

4. Usage guidelines

4.1 You commit:

(a) not to take any action that is likely to infringe our intellectual property rights or expose us to any liability or sanction;

(b) not to:

(i) modify or change (with the exception of the configuration options provided) the CARE App (including future versions) or related products in any way,

(ii) reverse engineer, disassemble or decompile the CARE App (including future versions) or related products in any way,

(iii) copy or otherwise reproduce the CARE App (including future versions) or related products in any way, or create derivative works from it;

(c) not to change or remove any markings or copyright notices on the CARE App under any circumstances;

(d) not to tamper with the CARE App or the underlying infrastructure;

(e) not to use the CARE App for illegal, unfair or objectionable purposes;

(f) not to spread viruses, Trojan horses or other malicious code via the CARE App;

(g) not to scrape the CARE App by means of automated scripts/queries; and

(h) not to circumvent or attempt to circumvent any technical restrictions or limitations of the CARE App.

4.2 By using the CARE App, you also have access to CARE's Virtual Assistant. Please familiarize yourself carefully and fully with the Terms of Use for the Virtual Assistant ("VA Terms and Conditions", "VA Terms") before using it. By using the Virtual Assistant, you unconditionally agree to the VA Terms and knowingly accept the associated risks.

4.3 As a User of the CARE App, you are responsible for maintaining the confidentiality of your login information. You explicitly undertake not to disclose the login information to any other person. The login information may only be used by the person to whom it is assigned. We reserve the right, at our sole discretion, to suspend access to the CARE App, in whole or in part, if we suspect misuse of the login information.

5. Warranty and liability

5.1 We strive to ensure the most uninterrupted availability and error-free functionality of the CARE App possible, but we cannot guarantee this. We provide the CARE App "as is" and "as available". Any warranty claims are expressly excluded to the extent permitted by law.

5.2 Our liability for any kind of damages, including but not limited to direct or indirect damages, incidental or consequential damages, pecuniary losses, third party compensation claims, lost profits, reduction of goodwill, loss of revenue or loss of data, in connection with the use of the CARE App is excluded to the extent permitted by law.

6. Modifications to the CARE App

To ensure that the CARE App is effective and up to date, we reserve the right to modify, discontinue, or replace it with a successor product, temporarily or permanently, at any time with or without notice.

7. Privacy

In the Privacy Policy, we explain how we process and protect your personal data (including your health data). Please read it carefully and ask us any questions you may have.

8. Final provisions

8.1 Waiver of rights

If one Party fails to perform one part of the contract and the other Party does not insist on proper performance, it does not thereby waive the right to performance of other parts of the contract.

8.2 Severability

If one or more provisions of these terms of use are invalid or ineffective, the remaining provisions shall remain unaffected. The Parties shall replace the invalid or ineffective provisions with such provisions that are valid and effective and best reflect the original intent of the Parties and, if possible, lead to the same economic result.

8.3 Amendment of these terms of use

8.3.1 We may change these terms of use at any time. We will notify you of the change in an appropriate manner.

8.3.2 If you continue to use the CARE App after these terms of use have been changed, you agree to the changes without reservation. If you do not wish to accept the changes, you may no longer continue to use the CARE App.

8.3.3 The currently valid version of these terms of use at any given time is available on our website.

8.4 Applicable law and place of jurisdiction

8.4.1 Swiss law shall apply to all claims of the Parties in connection with the services provided by us (without application of conflict of laws, which would lead to the application of a different law, or international treaties).

8.4.2. The Parties choose the state courts in Zurich as the exclusive place of jurisdiction for disputes.