Terms of Service

Effective: March 3, 2025

Last Updated: March 3, 2025

Welcome to Simplecheck, a digital health platform that aims to simplify your digital health journey.

Guiding Principles

Our mission is to provide the best health journey for you, your doctor, and related healthcare providers. To achieve that, data security and privacy are at the core of what we do. Simplecheck aims to give you control over your health data and empower users to make the most of their lab results.

Terms of Service

These Terms of Service ("TOS") govern your use of our cloud-based platform. PLEASE REVIEW THE TOS VERY CAREFULLY BEFORE USING OUR SERVICES. We welcome any questions or concerns at support@simplecheck.ch before accepting the TOS.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these TOS as well as our Privacy Policy, also available upon request, which is incorporated herein by reference. The Privacy Policy outlines how we collect, use, share, and protect your personal and health data, forming an essential part of your agreement with us. If you do not accept both these Terms of Service and the Privacy Policy in their entirety, you must immediately cease using the Services.

Definitions

• "Simplecheck," "Simplecheck Analytics," "We," "Us," "Our" refer to Simplecheck Analytics GmbH, a company registered in Switzerland, responsible for providing the Services
• “Services” mean the cloud-based platform, content, features and any other offering provided by us, including but not limited to secure data storage, data sharing, and user tools for managing and visualizing health data, including lab results.
• "User," "You," "Your" refer to any individual or entity accessing or using the Services, including patients, healthcare providers, labs, or authorized representatives
• "Lab Results" mean the diagnostic test outcomes or reports generated by laboratories and uploaded to or accessed via the Services, which remain subject to the official lab report's authority as per section Disclaimers and Limitations of Liability
• "Platform Content" refers to all metadata, formatting, graphic representations, annotations, or other materials provided by Simplecheck Analytics GmbH in connection with Lab Results or other Data within the Services, excluding the Lab Results themselves
• "Losses" refer to any damages, costs, liabilities, claims, or expenses (including legal fees) arising from your use of the Services
• "Privacy Policy" refers to the separate document outlining our practices regarding the collection, use, and protection of your Data, incorporated into these TOS by reference

We Do Not Provide Any Medical Services

1. No Medical Advice or Treatment: We do not offer medical advice, diagnoses, treatments, or medical opinions through our Services or otherwise. All Data, Platform Contents, and information provided are for general informational purposes only and do not constitute professional healthcare guidance.

2. Not a Substitute for Professional Care: Our Services are not a replacement for qualified medical care, advice, or consultation with your healthcare professional. We strongly recommend that you consult a qualified healthcare professional for decisions regarding diagnosis, treatment, or care, including in relation to any Data or Lab Results accessed via our Services, and you agree to follow this recommendation. You covenant not to delay seeking care or disregard professional medical advice based on your use of our Services. In a medical emergency, contact emergency services immediately (e.g., dial local emergency numbers).

3. Use at Your Own Risk: To the fullest extent permitted by applicable law, you use our Services and rely on any Data, Platform Contents, Lab Results, or other information provided at your own risk. Simplecheck Analytics GmbH disclaims all liability and responsibility for any reliance placed by you or others on our Services, as detailed in section Disclaimers and Limitations of Liability.

User Eligibility and Account Creation

1. Eligibility: You represent that you are at least 18 years old, of sound mind, and legally capable of agreeing to these TOS. You must have full authority to:

• consent to these TOS and our Privacy Policy,
• provide any Data (including Personal and Health Data) for yourself or a third party, and comply with all terms and conditions herein.
• You may not use our Services if you: (i) are restricted or prohibited from doing so, (ii) are a competitor of Simplecheck Analytics GmbH or closely connected to one, (iii) lack authorization to act on behalf of another person or entity, or (iv) are under legal restrictions preventing use.

1. Account Creation: Access to the Services requires an account created with accurate, current registration details. You warrant that all information provided is truthful and complete.

2. Account Security: You must keep your username, password, and other login credentials confidential and not share them with others. You are solely responsible for all activities under your account. If you suspect unauthorized use or a security breach, you must notify us immediately at security@simplecheck.ch.

3. Non-Eligibility and Termination: We reserve the right to terminate or suspend your access if you violate these TOS or become ineligible. If you discover you are ineligible, you must immediately cease using the Services and notify us at support@simplecheck.ch with the subject "End Use" detailing your reason for cessation.

4. No Eligibility Guarantee: While we strive to enforce strict eligibility criteria, we do not guarantee that all Users meet these standards, and we are not liable for ineligible Users accessing the Services.

Your Limited License to Use Our Services

If you meet our eligibility criteria, we grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services for personal, non-commercial purposes under these TOS.

This license allows you to:

• access and use the Services, including storing and sharing Data, provided you comply with payment requirements for certain features;

• Download or print a reasonable amount of Platform Contents for personal use; and

• Create and manage a single account with accurate information while keeping your login credentials secure.

You acknowledge that:

• Simplecheck may suspend or terminate this license at our discretion,
• You are solely responsible for your account's security and activity,
• You consent to receiving communications from us via email or other electronic methods, acknowledging that these may not be secure.
• You may deactivate your account by emailing support@simplecheck.ch, though this may not entitle you to refunds, and some Data may be retained per our Privacy Policy.

Data Privacy and Security

We are committed to protecting your personal and health data in accordance with our Privacy Policy, available in our website or upon request, which forms an integral part of these Terms of Service. By using our Services, you consent to the collection, use, and sharing of your information as described in the Privacy Policy, including personal details, health data, and usage information, all processed to deliver and enhance our Services. You agree with the following:

• Data Handling: We collect and process data as outlined in our Privacy Policy. Your use of the Services implies consent to this.
• Protection: We employ encryption and industry-standard security measures to safeguard your data, ensuring compliance with GDPR, Swiss FADP, and other applicable laws.
• Compliance: We follow GDPR, Swiss FADP, and other relevant laws to protect your privacy.
• Your duties regarding data upload or data sharing: You are responsible for ensuring that any data you upload or share complies with legal requirements and that you have the necessary authority or consent to do so.
• Your duties regarding login credentials and account activity: Your duty to safeguard your login credentials is critical to the security of our Services and your data. You must keep your username, password, and any other account access information confidential and not share them with anyone, as you are solely responsible for all activities conducted under your account.

User Conduct and Prohibited Activities

You must not:

• Use the Services illegally or violate any laws
• Upload false, harmful, or infringing data
• Hack, disrupt, or overload our systems
• Spread malware or viruses
• Misuse the platform in any way that harms us or others

Breaches may lead to account suspension or termination as outlined in section Termination and Suspension.

Intellectual Property and Our Rights

1. Our Rights: Simplecheck Analytics GmbH owns the Services, including all software, Platform Contents, designs, and underlying technology. We reserve the right to modify, update, suspend, or discontinue any aspect of the Services at our sole discretion, with or without notice.

2. Trademarks: Our names, logos, and marks (e.g., "Simplecheck," "Simplecheck Analytics") are our exclusive property. You are prohibited from using them without our express written permission.

3. Data Ownership: You retain ownership of the data you upload or that is uploaded by third parties on your behalf (e.g., Lab Results, personal information). You grant us a worldwide, non-exclusive, royalty-free, fully sublicensable, and transferable license to use, copy, store, process, and display your data for the following purposes:

• To provide and improve our Services, as detailed in our Privacy Policy
• For internal research and development (R&D) to enhance our offerings
• For R&D shared with third parties, provided your health data is anonymized, de-identified, or grouped to preserve your privacy

1. Feedback: Any suggestions, ideas, or feedback ("Feedback") you provide about the Services becomes our property upon submission.

2. Reserved Rights: All rights not expressly granted to you in these TOS are reserved by Simplecheck Analytics GmbH.

Payment Terms and Billing

1. Fees and Authorization: Some Services require payment as outlined in our pricing plans, which may change with reasonable notice, and we will communicate such changes on our website or other appropriate means. By using paid Services, you authorize Simplecheck Analytics GmbH to charge your provided payment method immediately for all listed amounts.

2. Payment Requirements: You must provide accurate, up-to-date billing information and maintain a viable payment method.

3. Refunds: Fees are non-refundable unless required by law or explicitly stated in our refund policy below:

• Third-Party Lab Services: If a third-party lab service purchased via our Services is not approved or completed within 90 days, we will refund the cost, less any non-refundable third-party fees.

• Processing: Refunds, if approved, may take up to several days to process from the request date.

• All Sales Final: Except as noted, all payments are final, with no credits or returns unless we choose otherwise at our discretion.

• Overdue Payments: We may suspend or terminate your access to the Services for overdue payments, with or without notice, at our sole discretion.

• Pricing Adjustments: We reserve the right to correct pricing errors and may cancel and refund affected transactions at our discretion.

Disclaimers and Limitations of Liability

1. No Medical Advice: Our Services do not provide medical advice, diagnoses, treatments, or opinions. All Data and Platform Contents are for informational purposes only and not a substitute for professional healthcare. Consult a qualified professional for health needs, and we disclaim all liability for reliance on our Services in place of such care (see section We Do Not Provide Any Medical Services).

2. Availability: We strive to maintain Service uptime but do not guarantee uninterrupted access. We may modify, suspend, or discontinue any aspect of the Services at our sole discretion.

3. Data Accuracy: We aim to maintain accurate Data and Platform Contents but cannot guarantee error-free results due to reliance on user inputs, third-party sources, and the complexity of health data. Therefore, our platform is not a substitute for the original lab report issued by the laboratory. The official lab report is the authoritative source and should always be used when making medical decisions. We are not liable for any discrepancies between the data on our platform and the official lab report.

4. General Disclaimers: To the fullest extent permitted by law, the Services are provided "as is" without warranties of any kind, express or implied.

5. Liability Cap: Simplecheck Analytics GmbH is not liable for indirect, incidental, consequential, special, or punitive damages arising from or related to the Services.

6. Reserved Rights: We reserve the right to restrict or terminate access to the Services at our discretion, without liability for Losses, as outlined in section Termination and Suspension.

Termination and Suspension

• By You: Close your account anytime via the platform. Data may be deleted per our retention policy.
• By Us: We may suspend or terminate your access for TOS violations, non-payment, or harmful actions, with notice when feasible.
• After Termination: All rights to use the Services end, and you must stop using them.

Dispute Resolution

• Governing Law: Swiss law applies, ignoring conflict of law rules.
• Arbitration: Disputes go to binding arbitration in Switzerland under Swiss Chambers' Arbitration Institution rules. No class actions allowed.
• Exceptions: Courts can handle urgent intellectual property or confidentiality issues.

Miscellaneous

• Updates: We may revise these TOS and will notify you of significant changes. Continued use means acceptance.
• Entire Agreement: This TOS and our Privacy Policy constitute the entire agreement between you and us.
• Severability: If a term is void, the rest still applies.
• No Waiver: Ignoring a breach doesn't waive it.
• Assignment: You need our consent to transfer these rights; we don't.

Acknowledgment

By using our Services, you explicitly consent to having read, understood, and agreed to these Terms of Service and to the collection, use, and processing of your personal data as described in our Privacy Policy. Otherwise, you must cease use immediately.

Simplecheck Analytics GmbH