Virtual Assistant CARE

1. Applicable Terms

In addition to the terms in this form, use of VA is governed by CARE’s Terms of Service (“ToS”). By using VA, you agree to be bound by both the ToS and the terms in this form which are incorporated and made part of the ToS.

2. Eligibility

The minimum age for the use of VA is 18 years. By using the Service, you represent and warrant that you meet these requirements and that you are fully able and competent to use it.

3. Voluntary Nature, At Own Risk

You acknowledge that use of VA is entirely voluntary and at your own and sole risk. Even by taking all possible measures and precautions, the use of VA involves inherent risks (see below). By accessing and using VA, you acknowledge and agree that you are fully aware of and accept the inherent risks associated with the use of artificial intelligence-powered communication platforms.

4. Risks

You understand that VA operates on complex algorithms that process input data to generate responses that may (i) include, without limitation, inaccurate, incomplete, false, or misleading information (including, but not limited to, making up facts or details that sound plausible but are not true, misremembering or recollecting events, data, or sources that do not exist), (ii) be based on incorrect assumptions, misinterpretation, or a misunderstanding of nuances (e.g. failing to grasp subtleties), (iii) include personal experiences and emotions, which is not true for AI, (iv) be based on invented, non-existing references such as studies, laws, or data to back up claims, including, but not limited to, creating statements and attributing them to real or fictitious characters, (v) cause data privacy breaches, (vi) expose you to biased or discriminatory content, (vi) cause you to rely on potentially flawed or unsuitable information, or (vi) cause any other form of harm inherent by using an artificial intelligence-powered communication platform such as VA.

5. Cautionary Use of Service

Please note that even though certain of our services involve medical care, this Service itself is not prescribed by us or our doctors and is not offered by medical professionals. Use of VA must be subject to the following considerations:

• No Medical Advice: It is important to note that while VA is powerful, it must not be used to seek medical advice, such as, but not limited to, prompts for diagnosis of medical symptoms and treatment plans. In addition, it is essential that you verify any health-related information that the answer from VA may entail, by mistake or otherwise, with your CARE doctor.

• Be Careful what Information you Share: Refrain from sharing sensitive personal details or other information you are uncomfortable with being processed through an AI service.

• Stay Critical & Fact Check: It is important for users to always stay critical of AI-generated content and to always verify information from trusted sources. VA should be considered a tool for generating hypotheses, suggestions, or drafts that require human oversight and careful and thorough fact-checking.

6. Data Protection

Please read our Privacy Policy for information on how we process your personal data, including through VA. In addition to the information in the Privacy Policy, we ask you to consider the following for VA specifically:

• Data Shared with AI Service Provider: VA is powered by generative AI, made available through Microsoft's Azure OpenAI Service on servers in Switzerland or the EU. We share the following personal data with our AI service provider to provide you with VA:

1). Data from your CARE App: The following data is automatically included in your prompt to give VA background information about you, which enables it to provide more personalized answers:

• Health questionnaire;

• Medical form;

• Blood analysis;

• InBody test;

• Cardiorespiratory tests;

• Impact tools and target goals;

• Health coach and doctor reports.

We do not share your name, address, email address, or similar direct identifiers.

2). Chat Interactions: Your chat interactions with VA (prompts) are transferred to our AI service provider to generate the AI-driven responses to your questions. Please refrain from entering direct personal identifiers, sensitive personal details or other information you're uncomfortable with being processed through an AI Service.

• Anonymized Processing of Chat History, No Model Training: Please note that we process an anonymized history of your chat interactions with VA (i) to analyze customer interests, needs, and usage patterns with the goal of improving and refining our services, and (ii) to ensure the integrity and safety of VA, e.g. by detecting potentially harmful responses or misuses. However, your data will not be used by our AI service provider for the training of its AI models or for other unrelated purposes.
• Disabling VA: If, at any time, you do not want your data to be processed through VA anymore, please contact us by email at [email protected] or by phone at tel:+41 (0)44 500 84 15.

7. Your Responsibilities

Ensure that your interactions do not violate any third-party intellectual property rights or infringe on someone else's rights. Specifically, this means that you agree to use VA responsibly and to refrain from using VA for any purpose that is illegal, unethical, or likely to result in harm to yourself or others. You further agree to respect the privacy and data protection rights of other users and not to access or attempt to access data or information through the Service that you are not authorized to access.

8. No Representations or Warranties

You further acknowledge that CARE has made no representations, warranties, or guarantees of any kind that the operation of VA will be uninterrupted, error-free, or free from malicious software, and expressly disclaims liability for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, data loss, business interruption, or any other commercial damages or losses, that may result from the use of, or inability to use, VA.

9. Waiver, Release of Liability

By engaging with the VA, you acknowledge that our liability is excluded to the extent permitted by applicable law. Specifically, this means that you release, indemnify, and hold us, our officers, officials, agents and/or employees, other participants, sponsors, advertisers, and, if applicable, owners and lessors of premises used for this Service ("Releasees"), harmless from any and all claims, liabilities, causes of action, damages, costs or losses arising out of or related to its use of this Service, whether arising from the negligence of the Releasees or otherwise, to the fullest extent permitted by law.