Terms and Conditions

Effective Date: 6. March 2025

1. Introduction
Welcome to Health3 (”we”, “us”, or “our”). These Terms and Conditions (”Terms”) govern your use of our mobile application (the “App”) and any related services. By downloading, accessing, or using the App, you agree to be bound by these Terms. If you do not agree with these Terms, please do not use the App.

2. Definitions

App: The mobile application provided by Health3 AG.
User: Any individual who downloads, accesses, or uses the App.
Content: Any information, data, text, graphics, images, or other materials provided through the App.
Services: All functionalities and features offered through the App.
Licensed Application: Refers to the App as licensed through the Apple App Store.

3. Agreement Between User and Health3 AG

3.1 Sole Agreement Parties

You and Health3 AG acknowledge that these Terms constitute an agreement between you and Health3 AG only, and not with Apple. Health3 AG, not Apple, is solely responsible for the App and its content.

3.2 Conflicting Terms

These Terms do not provide for usage rules that conflict with the Apple Media Services Terms and Conditions.

4. Acceptance of Terms
By creating an account or using the App, you affirm that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the App on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

5. User Eligibility

Age Requirement: You must be at least 18 years old to use the App.
Compliance with Laws: You agree to use the App in compliance with all applicable local, national, and international laws and regulations.

6. Account Registration

Account Creation: To access certain features, you may need to create an account by providing accurate and complete information.
Account Security: You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
Account Termination: We reserve the right to suspend or terminate your account at our discretion, without notice, if you violate these Terms.

7. User Obligations and Conduct
You agree to:

Provide Accurate Information: Ensure that all information you provide is true, accurate, and up-to-date.
Use the App Responsibly: Only use the App for its intended purposes and not engage in any activity that disrupts or interferes with the App’s functionality.
Respect Intellectual Property: Not infringe upon our intellectual property rights or those of others.

8. Intellectual Property Rights and License

8.1 Ownership
All intellectual property rights in the App, including but not limited to software, text, images, and trademarks, are owned by Health3 AG or our licensors.

8.2 License Grant

We grant you a personal, non-exclusive, non-transferable, revocable license to download, install, and use the App on Apple-branded devices that you own or control, solely for your personal, non-commercial use and in accordance with these Terms and the Usage Rules set forth in the Apple Media Services Terms and Conditions.

8.3 License Restrictions
You agree that you will not:

Copy, modify, or create derivative works of the App or any part thereof.
Distribute, transfer, sublicense, lease, lend, or rent the App to any third party.
Reverse-engineer, decompile, disassemble, or attempt to extract the source code of the App, except where this is permitted by law.
Remove, alter, or obscure any proprietary notices or labels on the App.
Use the App in any unlawful manner or for any unlawful purpose.

8.4 Device Transfers
If you sell or transfer ownership of your device to a third party, you must remove the App from the device prior to the transfer.

8.5 Family Sharing

While the App can be downloaded for free by anyone, in-app subscription purchases are not eligible for Family Sharing. Each user must maintain their own separate subscription to access premium features.

8.6 App Store Terms

Your use of the App is also governed by Apple's App Store Terms of Service. In case of conflict between these Terms and Apple's terms, Apple's terms shall prevail with respect to your use of the App.

9. Data Collection and Use

9.1 Technical Data Collection
You acknowledge and agree that the App may automatically collect certain technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals. This data is gathered periodically to facilitate the provision of software updates, product support, and other services related to the App.

9.2 Use of Technical Data
We may use this technical data to improve our products and services, provide updates, and enhance your user experience. This data will be used in a form that does not personally identify you.

9.3 Personal Data and Privacy Policy
For information on how we collect, use, and protect your personal data, please refer to our Privacy Policy. By using the App, you agree to the terms of the Privacy Policy.

9.4 App Store Data Collection

The App Store collects information about your downloads and purchases. By using the App, you consent to Apple's collection, use, and disclosure of information as described in Apple's Privacy Policy. When you make purchases within the App, certain information may be shared with Apple for order processing and anti-fraud purposes.

10. Prohibited Activities
You agree not to:

Reverse Engineer: Attempt to decompile or reverse engineer the App.
Unauthorized Access: Gain unauthorized access to any part of the App or its related systems.
Transmit Malware: Upload or transmit viruses, worms, or other malicious code.
Collect Data: Harvest or collect information about other users without their consent.
Commercial Use: Use the App for any commercial purposes without our express permission.

11. Premium Subscriptions

11.1 Subscription Features and Content

The App offers premium subscription plans that provide access to extended information and enhanced features. These premium features are designed to complement the basic functionality of the App, providing additional value to subscribers.

11.2 Legal Status of Subscriptions

When subscribing to premium features:

You are purchasing a license to access these features, not ownership of the content
Your subscription is tied to your account and cannot be transferred to other users
We reserve the right to modify, update, or remove premium features as part of our ongoing service development
Access to premium features is contingent upon maintaining an active subscription

11.3 Payment Processing

All payments for subscriptions are processed by Apple through your iTunes/App Store account. By purchasing a subscription, you agree to Apple's terms of service regarding payment processing.

11.4 Subscription Renewal and Billing

Your subscription will automatically renew unless auto-renew is turned off at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period.

11.5 Subscription Management

You can manage and cancel your subscriptions by going to your account settings on the App Store after purchase. If you cancel your subscription, you will continue to have access to premium features until the end of your current billing period.

11.6 Pricing and Transparency

All subscription options will be clearly labeled with pricing information before you complete the transaction. Prices are shown in the App Store and within the App before purchase. Prices are subject to change, and we will notify you of any price changes before they take effect. Subscriptions may be subject to sales tax depending on your location.

12. Refunds, Withdrawals, and Cancellations

12.1 Withdrawal Rights and Remedies

If you are an EU/EEA consumer, by choosing to immediately download and use the App, you expressly waive your statutory right of withdrawal (cooling‑off period) as permitted by law. However, if the App fails to conform to any applicable statutory guarantees, you retain the right to remedies—including a refund—pursuant to local law.

12.2 App Store Refunds

All purchases made through the App Store are subject to Apple's refund policy. We do not directly process refunds for App purchases or in-app purchases. In the event the App fails to conform to any applicable warranty or is otherwise defective, you may notify Apple, and Apple will refund the purchase price for the App to you.

12.3 Cancellation

You may cancel a subscription at any time. Cancellation will take effect at the end of the current billing period.

13. Maintenance and Support

13.1 Support Responsibilities

Health3 AG, not Apple, is solely responsible for providing maintenance and support services for the App. Apple has no obligation to provide any maintenance or support services for the App.

13.2 Support Contact

For App support, please contact us using the information provided in Section 25 (Developer Information).

14. Termination

By You: You may terminate these Terms by deleting your account and uninstalling the App.
By Us: We may terminate or suspend your access to the App at any time, without prior notice, for conduct that we believe violates these Terms.
Effect of Termination: Upon termination, all licenses and rights granted to you will cease immediately.
Termination and Accrued Rights: Termination of these Terms or your account shall not affect any rights or obligations that have accrued prior to termination, including any subscription fees due and any statutory rights granted under applicable consumer law. All rights and remedies available to you or Health3 AG under these Terms or by law shall survive termination.

15. Disclaimers and Warranties

Non-Waiver of Statutory Rights: Nothing in these Terms shall affect or limit your statutory rights under applicable consumer law. In the event of any conflict between these Terms and your legal rights, the mandatory provisions of applicable law will apply.
No Medical Advice: The App is intended for informational purposes only to enable collection and visualization of your health data. It is not a substitute for professional medical advice, diagnosis, or treatment.
“As Is” Basis: The App is provided on an “as is” and “as available” basis. We make no warranties regarding the App’s reliability, accuracy, or suitability for your needs.
No Warranty: To the fullest extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
Apple Disclaimer: Apple makes no warranties concerning the App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the App. In the event the App fails to conform to any applicable warranty, you may notify Apple, which may refund your purchase price, but apart from such refund, no other warranty or remedy is provided by Apple.
Warranty Responsibility: Health3 AG, not Apple, is solely responsible for addressing any warranties applicable to the App, whether express or implied by law, to the extent not effectively disclaimed above. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Health3 AG, not Apple.

16. Limitation of Liability

Exclusion of Damages: In no event shall Health3 AG be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the App.
Maximum Liability: Our total liability to you for any damages shall not exceed the amount you have paid, if any, to use the App.
Apple Limitation: In no event shall Apple be responsible for any claims relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.

17. Product Claims

17.1 Responsibility for Claims

You and Health3 AG acknowledge that Health3 AG, not Apple, is solely responsible for addressing any claims, including but not limited to product liability claims and claims arising under applicable legal or regulatory requirements.

17.2 Limitation Restrictions

These Terms may not limit Health3 AG's liability to you beyond what is permitted by applicable law.

18. Intellectual Property Infringement

18.1 Third-Party Claims

In the event of any third-party claim that the App or your possession and use of the App infringes that third party's intellectual property rights, Health3 AG, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

19. Legal Compliance

19.1 User Representation

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

19.2 Export Control

You agree to comply with all applicable export and re-export laws and regulations, including but not limited to the Export Administration Regulations maintained by the U.S. Department of Commerce.

19.3 International Use

The App is designed to comply with applicable laws in the jurisdictions where we actively market it. However, laws vary worldwide, and both Health3 AG and users share responsibility for compliance. Users must ensure their use of the App complies with their local laws and regulations. We reserve the right to limit or restrict access to the App in certain jurisdictions.

20. Third Party Agreements

20.1 Compliance with Other Agreements

You must comply with applicable third-party terms of agreement when using the App. For example, if the App uses wireless data services, you must not violate your wireless data service agreement when using the App.

21. Third Party Beneficiary

21.1 Apple as Beneficiary

You and Health3 AG acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.

22. Apple's Role

22.1 Apple as Commission Agent

You acknowledge that Apple acts as Health3 AG's agent for the marketing and delivery of the App to end-users through the App Store. Apple is not a party to this agreement between you and Health3 AG.

23. Indemnification
You agree to indemnify, defend, and hold harmless Health3 AG, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising out of your use of the App or violation of these Terms.

24. Governing Law and Jurisdiction

Governing Law: These Terms shall be governed by and construed in accordance with the laws of Switzerland, without regard to its conflict of law principles. However, if you are a consumer residing in the European Union, you may benefit from the mandatory provisions of the laws of your country of residence. Nothing in these Terms, including this Governing Law clause, affects your rights as a consumer to rely on such mandatory provisions of local law.
Jurisdiction: Any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in Zurich, Switzerland. Notwithstanding the exclusive jurisdiction of the courts located in Zurich, Switzerland, if applicable mandatory consumer protection laws in your country require that disputes be heard in your local jurisdiction, such provisions shall prevail.

25. Developer Information

25.1 Contact Details

For questions, complaints, or claims regarding the App, you can contact us on:

In-App Support System: The most direct way to reach our support team is through the built-in support feature located in the "Settings" section of the App
Email: support@health3.app
Telephone: +41 78 202 11 45
Address: Health3 AG, Wiesenstrasse 10A, Schlieren 8952, Switzerland

26. Changes to the Terms

Health3 AG reserves the right to modify these Terms at any time. In the event of any material changes, we will notify you via:

In-App Notifications: Notices within the App.
Email Notifications: Sent to the email address associated with your account.
Updated Effective Date: Indicated at the top of these Terms.

If you do not agree with the modifications, you may cancel your account or subscription prior to the effective date of the new Terms.

27. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

28. Waiver
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

29. Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. Health3 AG may assign or transfer its rights and obligations under these Terms without your consent, provided that such assignment does not adversely affect your rights under these Terms. Any assignment shall be subject to applicable law, and your rights under these Terms shall remain fully intact. Any assignment by Health3 AG will not adversely affect any rights you have accrued under these Terms, and you will continue to be bound by the terms as applicable.