1. Scope of Agreement and Services, General Terms
As User ("User", "you") you have the possibility to use the Service of the Patient Interaction Suite of XUND ("Service"). The Patient Interaction Suite is developed and made available by XUND Solutions GmbH, Dorotheergasse 10/12a, 1010 Vienna, email@example.com ("we", "us"). It enables users to make informed health decisions by providing digital and automated interactions with relevant questions tailored to each stage of the patient journey. In case you do not access the Service via the Mobile App or Web App of XUND but by a third party, this third-party provider of the website or app ("Provider") does not have any influence on the Service nor does it have access to the personal data and information generated in the Service.
Our Service consists of the following medical modules: Symptom Check, Illness Check, Health Check, and Patient Monitoring. Additionally, we offer the following basic and add-on services: Medical Content, Medical Library and Healthcare Providers.
Symptom Check: The Symptom Check helps to identify possible causes for symptoms of the User. Based on the main symptom, the module provides in-depth questions and suggests additional accompanying symptoms that are likely based on the available information. After further questions about the User’s general health, lifestyle and habits are answered, a preliminary assessment and relevant medical conditions are provided to navigate the User to relevant medical solutions.
Illness Check: The Illness Check assesses the assumption of suffering from a specific condition. Based on the suspected condition, the module provides questions about relevant symptoms and risk factors that may influence the likelihood and provides a preliminary risk assessment. In addition to the analyzed condition, it will also point out likely alternative causes.
Health Check: The Health Check provides a 360-degree health risk assessment aimed at asymptomatic patients. By asking the User questions revolving around lifestyle, medications, family history and preexisting conditions, the module creates a risk profile aimed at identifying relevant preventive measures.
Patient Monitoring: The Patient Monitoring makes use of our Symptom and Illness Check algorithms in a sequential way to observe the development of a patient's health over time.
Medical Content: The medical content contains basic information about the most common diseases and self-help recommendations. The content was developed by the medical team of XUND, complies with ISO 13485 standards, and thus meets the highest quality standards.
Medical Library: The Medical Library add-on serves as a repository of in-depth fact sheets covering the most prevalent diseases, offering insights into diagnosis, treatment, and prognosis.
In case you do not access the Service via the Mobile or Web App of XUND but by a Provider, the number of available medical modules and add-on services depend on the agreement between the Provider and XUND.
The provided results of the Service are for informational purposes only and are in no way a substitute for medical advice, diagnosis or recommendation.
To use the Service, Users must have reached the age of 18 and be proficient in the languages available in the Service. No prior knowledge or training is required to use the Service. The information provided by the Service covers the most common primary care diseases.
These ToU are valid for an unlimited period of time. User may terminate the contractual relationship at any time by deleting the Mobile App or closing the respective Web App. XUND may terminate the provision of its' Service under these ToU after a 14-days' notice displayed on the Mobile and Web Apps.
2. Use Restrictions
It is important that the Service is used safely and in accordance with the law. Thus, Users are prohibited to use the Service, in particular but not limited, to ("Use Restrictions"):
(a) make untrue statements and allegations or provide information against better knowledge;
(b) promote any illegal activity, or advocate, promote or assist any unlawful act;
(c) 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;
(d) decompile, disassemble, reverse engineer, copy, transfer, or otherwise use the Service or any content except as permitted by copyright law;
(e) crawling, scraping, caching or otherwise assessing any content on the Service via automated means;
(f) submit any material or content that attempts to falsely state or otherwise misrepresent your identity or affiliation with a person or entity;
(g) use the Service in a manner that (i) is likely to interrupt, suspend, slow down or hinder the continuity of the Service, (ii) constitutes an intrusion or attempt to break into the Service or our IT infrastructure, (iii) will divert of the Service system resources, (iv) may place a disproportionate load on the infrastructure of the Service, or (v) constitutes an attack on security and authentication measures of the Service or our IT infrastructure;
(h) distribute any part of the Service, including but not limited to any content, in any medium without prior written authorisation of us or the respective owner;
(i) otherwise use the Service for purposes other than those for which it is designed.
For contraindications, incident reporting, and other relevant information for using the Service, please refer to the User Manual.
In the event of any violation of these ToU or applicable law, we may, in our sole discretion, restrict or exclude you from using the Service.
3. Intellectual Property Rights
Except the content provided by Users, all elements of the Service, such as text, pictures, illustrations, as well as design and structure of the Service 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. Service Security
Our IT tools and software meet the market standard. We ensure our internal network protection with a firewall. The data is stored redundantly, ie at several locations, so that it is protected against loss, damage, or unlawful destruction due to the failure of an IT device.
Our internal networks are protected against complex malicious code (e.g., antivirus) and external attacks by a multi-layered, active protection. To ensure secure data transfer between the Provider and our systems, we employ appropriate encryption techniques.
The User is aware of the fact that (i) the information used for rendering the Service is limited, (ii) diagnosis and recommendations are also limited and provisional, (iii) the results of the Service are not intended to and cannot replace a full medical evaluation or an in-person visit with a physician.
The User acknowledges that, given the circumstances described in Pt 5.1, the main feature of the Service is the provision of access to tentative assessments of the health status, but not an immediately reliable diagnosis. Accordingly, we assume no responsibility for the correctness, reliability, and accuracy of the information and results provided. Furthermore, we are not obliged to maintain certain IT resources. Therefore, due to cumulative requests, latency or unavailability of the Services may occur. We also reserve the right to carry out maintenance work at any time which may affect the availability and temporary discontinuation of the Service.
Taking into account the risks of the Internet as well as the large amount of processed data, we further cannot guarantee that the Service is accurate, reliable, of high quality, suitable, complete and up-to-date. On the contrary, the content of the Service may be out of date, incomplete or inaccurate. However, we make every effort to correct any errors detected or reported to us at firstname.lastname@example.org in the best possible way.
In view of the fact that the Service is provided free of charge, the statutory warranty provisions do not apply.
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 Service is entirely at your own risk. It shall be your own responsibility to reasonably review the symptom check and the recommendations and to obtain 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 ToU 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 Service shall be governed exclusively by 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 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: November 2023