1. Scope of Agreement and Services, General Terms
The XUND App (“App“, “XUND“) is provided by XUND Solutions GmbH, Dorotheergasse 10/12a, 1010 Vienna, firstname.lastname@example.org, (“we“, “us“). It enables users to get medical feedback on symptoms. The technical requirements for the operation of the App are listed in the User Manual.
XUND processes symptoms and generic profile information provided by the user to generate a preliminary assessment in diagnostic decisions. The purpose is to find potential evidence-based causes for the symptoms of the users and empower them to identify relevant treatment pathways in the healthcare system. The result is intended solely for informational purposes and should not be treated as medical consultation, diagnosis, or advice.
XUND can be used by anyone who meets the minimum age of 18 and is proficient in the languages available in the App. The foreseen user is a layperson and requires no prior knowledge or education. The indications XUND provides cover the most common diseases in primary care; rare diseases are excluded.
These Terms and Conditions (“Terms“) apply to all visitors and users of our App (“User“, “you“, “your“). These terms are accepted by you through the download and usage of our App.
We reserve the right to make changes to the Terms. We will notify you of any changes in the App in good time and provide you with the new version of the Terms. If you do not object to the change within a period of 14 days, we will assume that you agree to the updated Terms. We will inform you about your right to object and the consequences in such a notification.
2. Use Restrictions
It is important that the App is used safely and in accordance with the law. Thus, Users are prohibited to use the App, in particular, but not limited to ("Use Restrictions"):
(a) make untrue statements and allegations or provide information against better knowledge;
(b) misuse the App for promotion and marketing of own services;
(c) promote any illegal activity, or advocate, promote or assist any unlawful act;
(d) violate legal rights (including the rights of publicity and privacy) of others or submit any content that could give rise to any civil or criminal liability under applicable laws or that otherwise may be in conflict with these Terms;
(e) decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the App or any content except as permitted by copyright law;
(f) crawling, scraping, caching or otherwise assessing any content on the App via automated means;
(g) submit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
(h) use the App in a manner that (i) is likely to interrupt, suspend, slow down or hinder the continuity of the App, (ii) constitutes an intrusion or attempt to break into the App or our IT infrastructure, (iii) will divert of the App system resources, (iv) may place a disproportionate load on the infrastructure of the App, or (v) constitutes an attack on security and authentication measures of the App or our IT infrastructure;
(i) distribute any part of the App, including but not limited to any content, in any medium without the prior written authorization of us or the respective owner;
(j) otherwise use the App for purposes other than those for which it is designed.
Users should refer to the manual of the App for contraindications, incident reporting, and other relevant information for the use of the App.
We may remove or block your Account in case we – in our sole discretion – determine a violation of these Terms or applicable laws.
3. Intellectual Property Rights
Except for the content provided by Users, all elements of the App, such as text, pictures, illustrations, as well as design and structure of the App and structure and contents of the database, are subject to copyright protection and the protection of intellectual property. Unless we expressly agree in writing, these elements may not be copied, sent, made available, presented, performed, modified, translated, or utilized.
4. App Security
We ensure our internal network protection with a firewall. We protect our internal network with multi-level firewall protection. In all cases, a hardware firewall (border protection device) is located at the entry points of the applied public networks. The data is stored redundantly, that is, in several places, so it is protected from destruction, loss, damage, or illegal destruction due to the failure of the IT device.
Our internal networks are protected from external attacks with a multi-level, active protection against complex malicious code (e.g., virus protection). The external access to the IT systems and databases is operated by us using SSH key identification via an encrypted data connection from any IP address. Our IT tools and software continuously comply with the generally accepted technological solutions in the market. When the App communicates with the medical backend, it always uses HTTPS-based encryption.
The User is aware of the fact that (i) the information used for rendering the checks is limited, (ii) recommendations are also limited and provisional, (iii) the checks and further information is not intended to and cannot replace a full medical evaluation or an in-person visit with a physician.
The User acknowledges that the main service of the App is the provision of access to preliminary assessments in diagnostic decisions. Due to the great extent of content, information, material, and data provided by Users, we do not have any influence on the availability, correctness, reliability, and accuracy of specific content. Accordingly, the App is provided in the state it is without our warranties of any kind, either express or implied, as to the accurateness and appropriateness of the assessments’ outcome.
We provide the App with due care. However, it is not possible to entirely avoid errors, infringements by third parties, or mistakes in the App. We can – also in consideration of the risks of the internet – not warrant the accuracy, reliability, quality, suitability, safety, completeness, and timeliness of the App and its content. In consideration of these circumstances, some information on the App may not be up to date, complete, or accurate. Nevertheless, we will make diligent efforts to duly eliminate any noticed or notified error.
We are not obliged to provide certain IT infrastructure and will thus not be liable for any modification, suspension, or discontinuation of the App or the loss of any content from your Account. We can furthermore not guarantee that the App is available uninterruptedly. Temporary connection interruptions may occur. We reserve the right to do maintenance work at any time without prior notice.
Nothing in this Pt 6 shall limit or exclude any statutory warranty claims by Consumers against us for defects in our services.
We shall not be liable for damages caused by slight negligence unless in case of infringement of main obligations. No limitation of liability does apply to damages caused by intent or gross negligence, injury of life, personal harm, and injury of health.
Your use of any information or materials provided in our App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to reasonably review the assessments and the recommendations and to obtain the full medical evaluation or an in-person visit with a physician.
The User shall fully indemnify and hold us harmless from and against any claims, damages, liabilities, costs, losses, and expenses arising out of (i) User's negligent breach of these Terms and (ii) User's negligent violation of any third party right, including without limitation any intellectual property, right of publicity, or privacy right.
8. Final Provisions
Any legal dispute arising from the use of the App shall be governed exclusively by the substantive law of Austria without giving effect to any principles of conflicts of law. In case the User is a consumer, this choice of law is effective to the extent that no more stringent consumer protection law at the consumer's residence is applicable.
The competent court in Vienna 1010 shall have exclusive jurisdiction to decide all disputes arising in connection with contractual relationships in which no consumer is involved.
Version as of December 2022