App Terms of Use

1. Subject

These Terms of Use outline the rights and obligations between Cada Clinics AG (Neuwiesenstrasse 15, 8400 Winterthur, CHE-170.209.333) and Cada Health AG (Neuwisenstrasse 15, 8400 Winterthur, CHE-499.863.124) (“we”, “us”, “Cada”) on the one hand, and you (“you”, “user”) on the other hand, in relation to the use of our mobile app (“App”).

These Terms of Use form an integral part of our General Terms and Conditions (GTC). The terms defined in the GTC and used here have the same meaning. In the event of any inconsistencies, these Terms of Use shall take precedence over the GTC, insofar as and to the extent that the use of the App is affected and our rights are not restricted thereby.

2. Right of Use

During the term and within the scope of the purposes of our services, we grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to use the App in accordance with these Terms of Use and to the extent of the functions made available at any given time.

Any open-source software or third-party software integrated into the App is made available in accordance with the open-source or third-party license.

3. Intellectual Property

3.1 Our Intellectual Property

The App, including all related products (e.g. product designs, logos, trademarks, fonts, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.) and all related property and intellectual property rights, is our intellectual property or licensed to us.

All rights not explicitly granted to you under these Terms of Use are expressly reserved by us.

Any improvement, development, modification or alteration of any kind to the App, including all related products (e.g. product designs, logos, trademarks, fonts, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.), which are created, produced, written, edited, modified, designed or implemented by us alone or together with users or third parties during the term of our contract, as well as all related property and intellectual property rights worldwide, are our sole and exclusive property, without any claim for compensation from any participating user or third party.

3.2 User Content

The rights to content that you transmit to us in the course of using the App remain the intellectual property of the respective owner. As long as you use the 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 App or the provision of our services.

You represent and warrant that your own content or third-party content used by you does not violate any applicable laws or intellectual property rights or other property rights of third parties. We are not liable for such content. You are solely responsible for this content and indemnify us in full in this respect.

4. Terms of Use

You undertake:

• not to take any actions that are likely to infringe our intellectual property rights or expose us to liability or sanctions;

• not to modify or alter the App (including future versions) or related products in any way (except for the configuration options provided):

1. not to reverse engineer, disassemble or decompile the App,

2. not to copy or otherwise reproduce the App, or create derivative works thereof;

3. under no circumstances to change or remove any markings and copyright notices on the App;

• not to manipulate the App or the underlying infrastructure;

• not to use the App for any illegal, unfair or objectionable purposes;

• not to distribute viruses, Trojan horses or other malicious code via the App;

• not to scrape the App using automated scripts/queries; and

• not to circumvent or attempt to circumvent any technical restrictions or limitations of the App.

As a user of the 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 to suspend access to the App in whole or in part at our own discretion if we suspect misuse of the login information.

5. Warranty and Liability

We endeavour to ensure the App is available and functions correctly as much as possible, but we cannot guarantee this. We provide the App "as is" and "as available". Any warranty claims are expressly excluded to the extent permitted by law.

Our liability for any kind of damage, including but not limited to direct or indirect damage, consequential damage, financial loss, third party claims, lost profit, reduction of goodwill, loss of turnover or data, in connection with the use of the App is excluded to the extent permitted by law.

6. Changes to the App

In order to ensure that the App remains up-to-date and effective, we reserve the right to modify, supplement, discontinue or replace it with a successor product at any time, with or without notice, temporarily or permanently.

7. Data Protection

In the Privacy Policy, we inform you how we collect and process your personal 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 fulfil a part of the contract and the other party does not insist on proper fulfilment, it does not thereby waive the right to fulfilment of other parts of the contract.

8.2 Severability Clause

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 ones that are valid and effective and best reflect the original intention of the parties and, if possible, lead to the same economic result.

8.3 Amendment of these Terms of Use

We may amend these Terms of Use at any time. We will inform you of the amendment in an appropriate manner. If you continue to use the App after an amendment to these Terms of Use, you agree to the amendments without reservation. If you do not wish to accept the changes, further use of the App is no longer permitted. The current version of these Terms of Use can be found on our website.

8.4 Applicable Law and Jurisdiction

All claims of the parties in connection with the services provided by us are subject to Swiss law (without application of conflict of laws rules that would lead to the application of another law, or international treaties).

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