Terms of Use (for Studies only)

These Terms of Use govern your use of the Carity digital health application or the Carity System or the Carity App ("App"), and all related services offered by Carity AG. The general terms and conditions of use of the devices that are connected to and function with the App are not part of these terms and conditions of use and must additionally be obtained from the respective manufacturers.

If you use the Carity App, you agree to these Terms of Use and undertake to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, you are prohibited from continuing to use the App or from using any other services offered by Carity AG.

Carity AG reserves the right to review and modify these Terms of Use at its sole discretion. If we do, we will update this page and notify you via the App. Any changes to these Terms of Use will be effective immediately from the date of posting.

These Terms of Use were last updated on November 10, 2023.

1. Third-party Terms of Use

The unrestricted use of the Carity App is only possible in combination with certain wearable devices offered by third parties. The use of such a device is at your own risk and we strongly recommend that you read and accept the terms of use of the device(s) used before you start using the device and app.

As of today’s Terms of Use, only the smartwatch Apple Watch from the manufacturer Apple, Inc. is used with the Carity App. The related terms of use can be found under the link: https://www.apple.com/legal/sla/docs/watchOS9.pdf

1. Use of devices

For the unrestricted and intended use of the Carity App (pursuant to Art. 3 Intended use of the Carity App), the user is provided with a wearable device. The terms of use of the device itself are regulated in Art. 1 Third-party Terms of Use.

In addition, you warrant on behalf of yourself, and on behalf of any legal entity you represent that, by using the wearable device and the Carity App, having agreed to these Terms of Use, and you and/or your users will accept and comply with the following:

• The device provided for the use of the Carity App is the property of Carity AG and also remains the property of Carity AG during its use until it is returned;

• The procurement of such device is free of charge for the user;

• The use of the device shall remain within the scope of the discussed and instructed use; any extended use that deviates from intended use of Carity is not permitted without the prior approval of Carity AG;

• The delivered device must not be physically impaired or modified in any way and absolute care must be taken when operating and handling the device in order to avoid as far as possible unnecessary damage;

• For damages caused intentionally or by gross negligence, the user shall bear all costs for replacement or repair, for all other damages, Carity AG shall bear all costs for replacement or repair;

• In case of any damage to the device caused by the user, Carity AG retains all right to terminate the use of the Carity App and device at its best convenience and shall consequently ask the user to return the device and remove the Carity App.

• In all cases, users and Carity AG will endeavor to recover such replacement or repair costs through an appropriate liability insurance; and

• At the end of the period of use, the user undertakes to return the device to Carity AG in accordance with the return instructions.

1. Intended use of the Carity App

By using the Carity App, you warrant on behalf of yourself, and on behalf of any legal entity you represent that having agreed to these Terms of Use, and you and/or your users understand and accept the following intended use of the Carity App:

• The Carity App is a digital adjunct to a patient rehabilitation program. It collects patients’ psychological, exercise performance and heart fitness data using input from questionnaires or provided by supported consumer wearables;

• The Carity App uses collected data to compile and track rehabilitation progress against set targets and enables a regular monitoring of psychological, exercise performance and heart fitness status and progress to support a follow-up consultation by healthcare professionals (“HCP”) and / or health coaches;

• The Carity App is intended to be used for a single patient and is recommended and onboarded during the rehabilitation program by the rehabilitation team or by Carity AG at the center;

• The Carity App is intended to receive information from supported consumer wearables or to collect via its interface additional, supplementary patient- and health-related information and to compile such information into health reporting to be sent to HCP or progress indicator shown on its interface;

• Carity is intended to be also used by healthcare professionals in form of receiving dedicated adherence reports of the treated patient to supporting follow-up consultations;

• The Carity System does not compute any data on a dedicated Carity Support API. All data computation happens locally on the patient’s mobile device;

• The Carity App is provided free of charge for the agreed period of use; and

• The Carity App will only be used for a limited period of time defined by Carity AG for the purpose of this study and is not intended to be used beyond this period of time.

1. **Warnings and excluded use
   **

• The Carity App is not yet approved as a medical device and is still under development, i.e. you agree that the App may not be free of errors and make no claim to an error-free use and function of the App;

• It has not yet been proven that the Carity App has a therapeutic benefit, i.e. you will not make any claim for any health improvement by using the Carity App;

• The Carity App reporting does not replace the HCP’s responsibility to examine and assess the patient prior any medical decision, nor the app provides any guidance to the HCP for any medical decision;

• The Carity App does not provide any medical advice on its own, neither it offers an automated coaching service;

• The Carity App shall not be used as primary prevention health tool downloaded and introduced by the patient itself. It cannot be used a first time without at least a prior HCP recommendation;

• The Carity App is not a permanent live-streaming monitoring system, neither it provides any dashboard to collect permanent data for HCP use outside of Carity App;

• The Carity App is not an emergency system, as collected data may be delayed and do not represent an instant monitoring of the patient, neither the patient is able to use the app for any emergency call or signals to the HCP; and

• The use of the Carity App may be associated with certain risks, which have been explained to you during the onboarding of Carity. By agreeing to these Terms of Use, you accept such risks and hold Carity harmless for any consequence of such risks.

1. Restriction of use

By using the Carity App, you warrant on behalf of yourself, and on behalf of any legal entity you represent that having agreed to these Terms of Use, you and/or your users will not undertake any of the following:

• Modify, copy, create derivative works from, decompile, or reverse engineer Carity or any materials and software contained in the Carity App;

• Remove copyright or other proprietary notices of Carity or of materials and software contained in the Carity App;

• Transfer Carity or the related materials to another person or mirror the materials and/or data on another server;

• Knowingly or negligently use Carity or related services in a manner that abuses or interferes with Carity AG’s networks or other;

• Use Carity or the related services to transmit or post any harassing, indecent, obscene, fraudulent, or unlawful material;

• Use Carity or the related services in violation of any applicable laws or regulations;

• Use Carity or the Carity App to send unauthorized advertising or spam;

• Collect or retrieve user data without the user's consent; and

• Use Carity or the related services in a manner that may infringe the privacy, intellectual property, or other rights of any third party.

1. Intellectual property

The intellectual property in the materials of the Carity App is owned by or licensed to Carity AG. You may download the Carity App on your mobile device to view, use and display the application on your mobile device for your personal use and use of the study only.

This constitutes hereby the grant of a license, not a transfer of ownership. This license shall automatically terminate if you violate any of these restrictions or these Terms of Use, or if the agreed period of use has expired, or may be terminated by Carity AG at any time. Further, the license will automatically terminate with the end of the study, after you have returned the device and deactivated the Carity App.

1. Automatic updates and analytics

Herewith you grant to Carity AG the permission to download and install updates for the Carity App on your device in accordance with your data privacy settings. This permission can be revoked at any time by deleting the Carity App from your device.

In addition, when you started using the Carity App, you were informed that so-called analytics modules may run in the background of the App to record your operating and navigation behavior within the App. This process only runs within the scope of the existing study and is solely introduced for research and development purposes. By agreeing to the Terms of Use, you grant us permission to perform such collection and analysis, in accordance with your data privacy settings. This permission can be revoked at any time by deleting the Carity app from your device.

1. Liability

Carity and the materials in the Carity App are provided "as is". To the fullest extent permissible pursuant to applicable law, Carity AG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, therapeutic value, or non-infringement of intellectual property or other violation of rights.

In no event will Carity AG or its suppliers or partners be liable for any consequential damages to you or any third party arising out of the use or inability to use the Carity App, or any other services or materials provided by Carity AG, even if Carity AG or an authorized representative has been advised orally or in writing of the possibility of such damages.

In the context of this Agreement, the term "Consequential Damages" includes any consequential, indirect, real, or anticipated loss of profits, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether arising in law, contract, equity, tort (including negligence), indemnity or otherwise.

1. Accuracy of materials and information

The materials and information provided by the Carity App are not comprehensive and are provided for general information purposes only. To the extent permitted by law, Carity AG does not warrant the accuracy, likely results, or reliability of the use of the materials in the Carity App or on linked resources.

1. Links

Carity AG has not reviewed all of the sites that may be linked to the Carity App and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Carity AG of the site. Your use of any such linked site is at your own risk and we strongly recommend that you conduct your own research as to the suitability of such sites.

1. Right to termination

Carity AG is entitled to block or terminate your right to use Carity and these Terms of Use with immediate effect if you violate these Terms of Use. In this case, you will be requested to demonstrably delete the Carity App from your mobile device and return the device to us. The shipping costs will be borne by Carity AG.

You are entitled to discontinue or terminate your use of Carity (device and Carity App) with immediate effect. In this case, please contact Carity AG so that your cancellation can be recorded accordingly, the Carity App can be verifiably deleted from your mobile device, and you can return the device. The shipping costs will be borne by Carity AG.

1. Invalid provisions

Any provision of these Terms of Use that is invalid or unenforceable in whole or in part shall be severed or restated to the extent of such invalidity or unenforceability. The validity of the remaining provisions of these Terms of Use shall not be affected thereby.

1. Applicable law

These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland. You irrevocably submit to the exclusive jurisdiction of the courts in this state or locality.

1. Contact

In case of problems, questions or suggestions please contact Carity AG.

Contact information:
Carity AG
Herbergstrasse 16
9524 Zuzwil, Schweiz
E-Mail: feedback@carity.care
Phone: +41 71 561 00 78

BY USING CARITY, I.E. THE CARITY APP WITH OR WITHOUT THE DELIVERED DEVICE, AND BY REGISTERING AND PARTICIPATING IN OUR USER STUDY, YOU AUTOMATICALLY GIVE YOUR CONSENT TO THESE TERMS OF USE. IN THAT CASE, YOU CONFIRM THAT YOU HAVE BEEN SUFFICIENTLY INFORMED BY CARITY AG ABOUT THESE TERMS.