General Terms of Use of the
Swiss Medical Care Compass App

General Terms of Use

Effective Date: 19.05.2025

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Why is this important?
These General Terms of Use (GTU) govern the contractual relationship between you, the user of the SMCC App (hereinafter the "User"), and us, the provider of the app (Swiss Medical Care Compass AG, hereinafter "SMCC").

GTUs must be clearly visible, which is why we display them in the store where the app is available and directly within the app so that you can access them at any time.

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You can access, print, download, and save the current GTU at any time, even after entering into the contract, both in the app and on the website https://www.swiss-medical-care-compass.com.

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Postal address
Swiss Medical Care Compass AG
Claridenstrasse 22
8002 Zurich

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1 Subject Matter of the Contract​

Offer
The SMCC App is intended for natural persons (Users) who are at least 18 years old. Users can manage their own data via the SMCC App. Using a so-called proxy account, it is also possible to manage the data of a third party represented by the User (e.g. a parent for their child).

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User Responsibility
The User is solely responsible for which data is stored in the app and for ensuring that they have the necessary consent and rights to collect and manage data of third parties (especially in the case of a proxy account).

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The User can modify, supplement or delete this data at any time. The User can also grant other users or medical service providers the right to view or edit their data or the data they manage as a proxy. These rights can be revoked by the User at any time.

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2 Services of the SMCC App

App Functionality
With the SMCC App, patients and users (also acting as proxies) can manage health appointments, information, and treatment recommendations. Necessary documents are always at hand, and users are well-informed.

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Requirements for Use
A mobile device (e.g., a modern smartphone) is required.

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Data Access by Health Partners and/or heyFamily
SMCC AG allows users to make the data stored in the SMCC App accessible—either fully or in part—to other users and third parties, especially family members and healthcare providers.

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To enable access via heyFamily, each third party must also be registered as a user, even if they do not store any health data themselves.

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In addition, app content can be shared with unregistered third parties using the "Share" feature.

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Data Privacy
You can access, print, download or save the privacy policy at any time in the app or on the website www.smcc.com.

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3 User Obligations

The User confirms that they have registered and authenticated using their personal login credentials provided by the identity provider. Registration must be done using the User’s own credentials, even for proxy accounts.

Purpose of Use

The SMCC App may only be used in accordance with these GTU and for its intended purposes. Users explicitly agree not to store, distribute, or make available any criminal or unlawful content within the SMCC App. Sexist, homophobic, discriminatory, or violence-glorifying content is also prohibited.

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Accuracy and Completeness of Data
The User is responsible for ensuring that all data entered into the SMCC App (including proxy-managed data) is accurate and complete. The User is liable for any consequences resulting from incomplete or inaccurate information (e.g., when accessed by healthcare providers). This also applies if data cannot be entered or retrieved due to technical reasons (e.g., no internet connection).

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Obligations Toward Other Persons
When entering or managing data of third parties (e.g., children), the User must obtain explicit consent from the individuals concerned, unless legally authorized to do so. If a competent represented person requests deletion or transfer of their SMCC App account, the User must comply immediately. The User shall indemnify SMCC AG if such third parties make claims based on their data being processed in the app.

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Security Against Unauthorized Access
The User must keep login credentials confidential and not share them with third parties. If unauthorized access is suspected, the User must immediately change their credentials or block their account. SMCC AG disclaims responsibility for credential misuse. Users are solely responsible for managing access permissions and bear the risk of misuse by authorized third parties. Users must instruct and, if necessary, revoke access from such parties.

Violations of provisions under Sections 3 and 5 may result in account suspension, deletion, and claims for damages by SMCC AG.

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4 Disclosure of Personal Data

Contract Conclusion
By completing registration, the User accepts these GTU.

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Termination
SMCC AG may terminate the contract without notice for important reasons, including:

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• Legal violations by the User

• Breach of contractual obligations (e.g., false identity, misuse, unauthorized proxy use)

• Causing significant harm to one or more users

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In such cases, SMCC AG may also issue warnings or restrict access to the app.

The User can delete their account at any time, thereby terminating the contract. The User is responsible for securing any data they may need.

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If no access has occurred within one year, SMCC AG may delete the account after four weeks’ notice unless the User or an authorized party accesses it within that period.

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SMCC AG also reserves the right to terminate the contract with 30 days’ notice without cause.

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5 Registration and Authentication

The User confirms that all registration details are complete and accurate. The official name—not nicknames—must be used. If personal data (e.g., surname, address, phone number, email) changes, the User must update it promptly in their profile. SMCC AG assumes no liability for incorrect or outdated data.

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Secure registration and authentication are provided by SMCC AG’s technology partner via local identity providers (e.g., SwissID).

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6 Responsibility for Content

SMCC AG accepts no responsibility for content entered by the User. The User is solely responsible for sharing or disclosing such content.

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To the extent permitted by law, SMCC AG disclaims responsibility for third-party content (e.g., from health partners). SMCC AG does not guarantee the correctness, timeliness, or completeness of such content. Section 8 remains unaffected.

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7 Data Access and Security

Data Access
The User agrees that individuals they authorize within the app will have access to the corresponding data.

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Security Notice
Data stored in the SMCC App is hosted in a Swiss data center, and transmissions are encrypted.

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Despite the use of modern security technologies, absolute security cannot be guaranteed. Users are advised to protect their devices against unauthorized access and bear the risks of credential misuse or transmission vulnerabilities.

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SMCC AG accepts no liability for damage to User equipment or data loss due to technical shortcomings, overloads, or other interruptions affecting app operation.

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8 Warranty and Liability

Together with its technology partner, SMCC AG endeavors to ensure the proper functioning of the SMCC App but does not guarantee continuous or error-free availability. SMCC AG disclaims liability for direct or indirect damages arising from use of the app, including:

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• Use of information

• Transmission errors

• Technical failures

• Interruptions

• Third-party misconduct

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SMCC AG is not liable if service provision is impaired due to force majeure, accidents, or third-party fault. Force majeure includes power outages, malware, natural disasters, war, riots, and unforeseen regulatory restrictions.

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The app may contain links to third-party websites. SMCC AG is not responsible for the content of such websites and does not guarantee their accuracy. Users must familiarize themselves with each site’s legal terms.

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These liability limitations do not apply in cases of willful misconduct, gross negligence, injury to life/body/health, claims under product liability or data protection laws, or breach of warranty. SMCC AG only acknowledges the applicability of product liability and GDPR laws where legally binding.

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9 Final Provisions

SMCC AG reserves the right to modify services and these GTU at any time without providing reasons.

Changes will be communicated to Users via appropriate means, including email to the address registered in the system.

If the User does not consent to the changes, SMCC AG may terminate the contract with two weeks’ notice.

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If any provision of these GTU is or becomes invalid, the validity of the remaining provisions remains unaffected. Any side agreements must be in writing. Place of performance is SMCC AG’s registered office.

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10 Governing Law and Juristiction

All legal relationships between the User and SMCC AG are governed by Swiss law. The exclusive place of jurisdiction is the registered office of SMCC AG in Switzerland, unless mandatory Swiss law provides otherwise.

The applicability of mandatory legal provisions of the User's country of residence at the time of contract conclusion remains unaffected.

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11 Changes to these Terms of Use

Future changes to this policy will be communicated via email or push notification in the App.

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