AGB

November 18, 2020

General terms and conditions of Klenico Health AG

1. General

Klenico Health AG, Förrlibuckstrasse 190, 8005 Zurich, Switzerland (”Klenico“) offers psychiatrists or psychotherapists or institutions that employ psychiatrists or psychotherapists (collectives the”professionals“), a web-based test (”Klenico test“), which maps symptoms of mental illnesses based on ICD (International Statistical Classification of Diseases and Related Health Problems) and DSM (Diagnostic and Statistical Manual of Mental Disorders). The Klenico test is made available to private individuals by means of a web link. The private individuals answer the questions asked by the Klenico test about psychological stress as part of a self-assessment (”Personal self-assessment“). As a result, the Klenico test generates a graphical representation of possible psychological stress on private individuals (”Symptom card“). The symptom card is used by specialists as a tool for diagnosis.

The Klenico test is a class I medical device approved in Switzerland.

2. Validity and scope of the terms and conditions

These general terms and conditions (”TERMS AND CONDITIONS“) apply to the use of the Klenic test by specialists and private individuals (together the”user“). General terms and conditions provided by users have no effect on Klenico.

Klenico's 3rd position

Klenico's service is limited to providing specialists with the Kenico tests for use by private individuals (hereinafter section 6). Klenico is in no way involved in the legal relationship (treatment contract) between users. Klenico, its representatives, employees and assistants assume no responsibility and are in no way liable for the use of the Klenico test by professionals by private individuals or the associated treatments and treatment consequences.

4. Access to the Klenico test for professionals

Klenico provides professionals with a personal account with a personal login for the Klenic test. To register, professionals must provide their contact and login details (including name, address, email address and password), which gives them access to their account (”Specialist area“or”Account“). The specialist undertakes to provide truthful information and to update this information in the event of changes. Specialists can talk about www.klenico.net log into your account.

In the specialist area, the specialist can provide private individuals with information such as name, contact details, symptom card, etc. (”personal data“) to be managed individually. Klenico has no access to personal data.

The specialist is obliged and responsible to ensure the confidential processing of personal data and the protection of the personal and fundamental rights of private individuals. In particular, account access data must be kept secret at all times and protected against access by third parties.

Klenico is free to deny a specialist access to the Klenic test or to exclude a specialist from using the Klenic test at any time.

Klenico and the experts conclude a separate user agreement for the use of the Klenico test (”user agreement“), and these terms and conditions become an integral part of them.

5. Access to the Klenice test for private individuals

Private individuals only ever have access to the Klenic test from the specialist. For this purpose, the specialist generates an individualized link for private individuals in the protected specialist area. After receiving this link from the specialist, the private person is authorized to carry out the Klenico test.

Only the specialist receives access to the answers and the result (symptom card) of the Klenico test.

6. Performance by Klenico

Klenico provides professionals with the use of the Klenic Test and the associated functions in return for the usage fee (Section 7).

Part of the Klenico test is the online questionnaire based on ICD (International Statistical Classification of Diseases and Related Health Problems) and DSM (Diagnostic and Statistical Manual of Mental Disorders), from which the symptom card is automatically generated after the personal self-report has been entered.

Klenico's service does not include the diagnosis, which the specialist has to make on his own responsibility, and the specialist's symptom card can be used as an aid.

Klenico uses the highest security measures to transmit and store the collected data. To do this, Klenico separates personal data from the rest of the data and implements their encrypted storage in two separate databases. The data transfer is SSL (Secure Sockets Layer) encrypted. The data is stored by a specialized host provider in Switzerland, which is also equipped with an effective security system.

7. Usage fee

For the use of Klenico's services, the specialist charges a usage fee, the amount of which is set out in the user agreement between Klenico and the specialist.

Invoicing is sent by e-mail or letter to the address that the specialist stores as a contact address in the specialist area or subsequently provides Klenico with. Klenico must notify the experts of any complaints about the invoice within 10 days, otherwise the invoice will be considered approved. The invoice is due within 30 days of the invoice date without deduction. Klenico reserves the right to also offer other forms of payment (credit card, PayPal, Twint, etc.).

8. Costs covered by health insurance

Users themselves are responsible for reimbursement of costs by health insurance companies. The specialist undertakes to pay any usage fees to Klenico.

9. Responsibility for user content

Users are responsible for the completeness and accuracy of the data and information provided by them as part of the Klenico test (”User content“) solely responsible.

Users guarantee that the user content is truthful and does not infringe the rights of third parties.

Users agree not to use all content provided by Klenico as part of the Klenic Test, including questions, graphics, symptom card (“Klenico Content”), for any purpose other than carrying out the Klenico Test with a view to diagnosing and/or treating mental illnesses. Any other use of the Klenico content is prohibited without the prior written consent of Klenico.

Actions by users, such as the use of software, scripts or other mechanisms that interfere with the proper operation of Klenico's web-based services, are prohibited.

The use of robots, crawlers, and the like that are used to copy Klenico content is prohibited. Klenico has the right to demand that the corresponding user return or delete content obtained in this way. Claims for compensation remain reserved.

10. Intellectual property law

All rights to the Klenic Test and the Klenic Content (including copyright, trademark, and other proprietary rights) and their development are owned by Klenico. The publication, reproduction, transmission, modification and/or linking of information, elements and Klenico content in any form is prohibited without prior written consent from Klenico.

11. Liability

Subject to mandatory legal provisions, any liability (irrespective of the legal basis) of Klenico, its organs, representatives or assistants for damage in connection with the use of the Klenic test by professionals and private individuals is excluded.

In particular, Klenico is not liable for the professional and careful use of the Klenico test by specialists.

12. Technical faults, maintenance and capacity restrictions

The Klenico system was developed in accordance with the state of the art and in light of the relevant safety standards. Klenico therefore strives to provide users with a flawless user experience and is therefore constantly developing the Klenico system. Klenico provides users with the Klenico system “as is”, but intends to continuously adapt the Klenico system to the latest technical standards.

Klenico makes every effort to make the web-based services available as trouble-free as possible. Users acknowledge and acknowledge that the Klenico test as a web-based service may nevertheless experience disruptions (such as maintenance-related or otherwise technical interruptions) (”disturbances“). Klenico is not liable for malfunctions in individual or all functions or for malfunctions of the Klenico test, in particular not for damage caused by software defects, loss of data, hacker attacks, etc.

13. Indemnification

Users indemnify Klenico from all claims made by third parties arising from the infringement of third-party rights through user content provided and/or posted by the user, and they compensate Klenico for any resulting damage.

14. miscellaneous

14.1 Reservation of written form

Agreements deviating from these terms and conditions are only valid if Klenico expressly agrees to them in writing.

14.2 Salvatory clause

The invalidity and/or ineffectiveness of individual provisions of these terms and conditions does not affect the effectiveness of the remaining provisions. Any invalid or ineffective provisions will be replaced by those which best represent the meaning and purpose of the invalid or ineffective provisions in a legally effective manner. The same applies to any regulatory gaps.

14.3 Amendment to the terms and conditions

Klenico reserves the right to change these terms and conditions at any time and without giving reasons and via the Klenico website www.klenico.com to publish. In addition, Klenico will inform registered users by email about the changes to the terms and conditions. The changes are considered accepted unless the respective user objects to them in writing within 10 days of notification, or if the users continue to use Klenico's services after they have been sent. In the event of an objection, Klenico is authorized to terminate the relevant usage contract without notice.

Klenico reserves the right to adapt to Klenic tests at any time.

14.4 Applicable Law and Jurisdiction

These terms and conditions are subject to Swiss law, to the exclusion of state treaties.

All disputes arising from or in connection with these terms and conditions, including their validity, violation or resolution, will be decided by the courts specified in the user agreement.

November 18th, 2020