Effective Date: 12th January 2022
Why is this important?
Mailing address of heyPatient
heyPatient AG Tösstalstrasse 234 CH-8405 Winterthur, Switzerland
heyPatient AG Schumannstrasse 27 60325 Frankfurt, Germany
Further contact details can be found in the imprint on www.heypatient.com.
1 Subject of the contract
The heyPatient app is an offer for natural persons (users) residing in Switzerland who have reached the age of 18. Users can manage their own data with heyPatient. With a so-called proxy account, it is also possible to manage the data of a third party who is represented by the user (e.g. a parent for his child).
the The user is solely responsible for what data he saves in the app and that he has the necessary consent and rights for data from third parties (especially in the case of the proxy account) for the collection and management of the data of this third party.
He can change, supplement or delete this data at any time. He can also grant other users and medical service providers the right to view or edit his data or the data managed by him as a proxy/representative. The user can assign these rights to other users or withdraw them from medical service providers at any time.
2 Services from heyPatient
With the heyPatient app, patients and their relatives (representatives) have health appointments, information and treatment recommendations under control. You have the necessary documents at hand at all times and are informed about everything important.
Prerequisite for use
A mobile device (e.g. a newer generation smartphone) is required.
Data access by healthcare partners – heyFamily
HeyPatient enables the user to make the data stored in heyPatient accessible to other users and third parties, in particular family members and medical service providers, in whole or in part.
For heyFamily data access, each of these third parties must also be registered as a user, even if they do not store any health data for themselves.
In addition, content from the app can be communicated to third parties who are not registered as users via the "Share" function.
call up, print out, download or save in the app under "Settings", "GTC" and on the heyPatient website.
3 User Obligations
The user assures that he will register and authenticate himself with his personal access data from the provided identity provider (in Switzerland: SwissID). Registration must also be carried out using the user's personal access data if it is a proxy account.
Purpose of use
The user may only use heyPatient in accordance with the contract and for the intended purposes. In particular, the user expressly undertakes not to use heyPatient for purposes other than intended, not to behave abusively and/or not to store, distribute or make accessible any criminal or illegal content of any kind in heyPatient. Also, no sexist, homophobic, discriminatory or violent content may be stored.
Correctness and completeness of the stored data and content
It is in the user's own interest to ensure that the data entered and stored in the heyPatient app (or in proxy accounts managed by him) is correct and complete. He is responsible for the consequences of incomplete or incorrect information (e.g. access by medical service providers). This also applies if certain data cannot be entered or retrieved for technical reasons (e.g. no Internet connection, interruption of the app’s availability).
Obligations to other people
If the user records data from other persons (e.g. family members) in a proxy account or if he processes such data, he must first have obtained the express consent of all persons concerned in this respect, insofar as the user is not legally entitled to such actions. If a user manages and maintains a proxy account and the represented person with capacity of judgment requests the deletion or handover of their heyPatient account, the user is obliged to do so immediately. He shall indemnify heyPatient should such other persons assert claims against heyPatient AG for data recorded about them in heyPatient or otherwise processed.
Security against unauthorized access
The user treats the access data confidentially and does not pass them on to third parties. If there are indications that third parties have gained knowledge of his access data, he will immediately change the access data or arrange for his profile to be blocked. HeyPatient rejects any responsibility for the consequences of the access data becoming known. The user is responsible for which other users he grants which access to his heyPatient profile. He is aware and bears the risk that such an access option can be misused by these third parties and that unauthorized persons can gain access to the heyPatient profile if they obtain access data from the third parties authorized by him. It is the sole responsibility of the user to directly oblige these third parties to behave accordingly, to instruct them, to monitor them or to withdraw their access, if necessary. HeyPatient is not obliged - but can take action on behalf of the user against other users due to a possible violation of these GTC - but can do so if they become aware of it. In the event of a violation of one of the provisions listed in Section 3 and Section 5, heyPatient is entitled to block and delete the user's account and to claim damages.
4 Conclusion of Contract and Termination
Conclusion of contract
By completing the registration process, the user accepts these GTC.
HeyPatient can terminate the contractual relationship at any time without notice for important reasons. Important reasons are in particular:
non-compliance with legal regulations by the user;
breach of contractual obligations by the user (e.g. false identity information, improper use, lack of authorization to represent the proxy account);
the user harms one or more other users in a relevant way.
If there is an important reason, heyPatient can, without prejudice to a possible termination, also issue a warning or block or restrict the user's access to the services of heyPatient.
The user can delete his account at any time and thereby end the contractual relationship. The user is responsible for securing the data he needs in good time.
If a year has passed since the last logged access by the user or a third party authorized by him to do so, heyPatient can delete the user's account and terminate this contract if the user or a third party authorized by him to do so does not within four weeks of the announcement of the Deletion accesses the user's account.
The user will be informed of this at the end of the year by push message in the app, by email and/or SMS.
heyPatient also has the right to terminate the contract with a notice period of 30 days without giving a reason.
5 Registration and Authentication
The user assures that all data provided during registration or registration is complete and correct.
In particular, the official name must be used and under no circumstances a nickname or nickname. In addition, the user must immediately enter any changes to his personal data such as surname, address, telephone and mobile phone number and e-mail address in the heyPatient profile. HeyPatient assumes no liability for the consequences of incorrect or incomplete data or changes that are not displayed or are displayed belatedly.
heyPatient uses local identity providers (in Switzerland: SwissID) for secure registration and authentication.
6 Responsibility for Content
HeyPatient assumes no responsibility for the content edited by the user in his profile. In addition, the user is solely responsible for disclosing or passing on this content to third parties.
As far as legally possible, HeyPatient excludes responsibility for third-party content provided by service providers (e.g. health partners). In particular, HeyPatient does not guarantee that this content is correct, up-to-date and complete. Clause 8 of these GTC remains unaffected.
7 Data Access and Data Security
The user agrees that all persons whom he authorizes in the app to have access to the corresponding data.
Data stored in the heyPatient profile is stored in a Swiss data center and the data transmission is encrypted.
Despite the use of modern security technologies, absolute security cannot be guaranteed either on the part of heyPatient or on the part of the user or in the context of data transmission. HeyPatient recommends the user to protect mobile devices with which heyPatient is used against unauthorized access. He has to bear the risks resulting from the misuse of his identification instruments or access data or in the context of data transmission.
In addition, heyPatient assumes no liability for damage to the user's equipment or the data stored therein as a result of technical inadequacies, overloads or other disruptions to the Internet, as well as any other interruptions and inadequacies necessary for the operation of hey Patient
8 Warranty and Liability
HeyPatient endeavors to ensure that heyPatient operates properly. However, HeyPatient does not guarantee constant and error-free availability of the heyPatient app. To the extent permitted by law, HeyPatient rejects any liability for any direct or indirect damage incurred by the user in connection with any use of the heyPatient app. This includes in particular damage due to the use of information, damage as a result of transmission errors, technical defects, interruptions, disruptions or illegal actions by third parties.
HeyPatient is not liable if the provision of the service is temporarily interrupted, wholly or partially restricted or impossible due to force majeure or coincidence or third-party fault. Force majeure also includes, in particular, power failure and the occurrence of harmful software (e.g. virus attack) as well as natural events of particular intensity (avalanches, floods, landslides, etc.), warlike events, riots, unforeseeable official restrictions, etc.
The above limitations of liability do not apply if the provider acts intentionally or with gross negligence, in the event of injury to life, limb or health, as well as in the case of claims under the Product Liability Act or under the GDPR and in the event of a breach of guarantees we have assumed. However, liability for claims under the Product Liability Act and the GDPR only exists insofar as the local and material scope of these standards is mandatory. Under no circumstances does HeyPatient agree to an extension of the validity of the Product Liability Act and the GDPR, unless their standards are mandatory by law.
9 Final Provisions
HeyPatient reserves the right to change its services and these GTC at any time and without giving reasons.
The user will be notified of changes in an appropriate manner; Messages from heyPatient to users can be sent to the e-mail address registered by the user in the system.
If the user does not agree to the GTC that we have adjusted, we reserve the right to terminate the contract with the user with a notice period of two weeks.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. Any ancillary agreements or agreements between the user and heyPatient must be in writing. The place of fulfillment is the registered office of heyPatient AG.
10 Governing Law and Jurisdiction
All legal relationships between the user and heyPatient are subject to Swiss law. The exclusive place of jurisdiction for all proceedings in this context is the registered office of heyPatient AG in Switzerland, unless mandatory Swiss law provides otherwise.
The applicability of mandatory standards of the country in which the user has his habitual residence at the time the contract is concluded remains unaffected by this choice of law.
In case of doubt, the German version of this TOS applies.