Terms and Conditions of Use of the Mobile App “Life4me+”

These Terms and Conditions of Use of «Life4me.plus to fight AIDS, Hepatitis C and Tuberculosis», Dragonerstrasse 53, 5600 Lenzburg, Switzerland, (hereinafter referred to as “Provider”) apply to the use by a consumer (hereinafter referred to as “User”) of the app by the name of “Life4me+” (hereinafter referred to as “Life4me+”) supplied by the Provider via the Apple App Store or the Google Play Store (hereinafter referred to in each case as “App Store”). In the absence of any other agreement, the inclusion of any terms and conditions of the User is hereby rejected.

In addition to these Terms and Conditions, additional special terms (license terms) of the respective App Store operators can apply in respect of the use of the app. If the terms and conditions of the App Store operator in respect of the use of the app should contradict the present Terms and Conditions, only the present Terms and Conditions will apply. In all other cases, the terms and conditions of the App Store operator apply by way of a supplement to these Terms and Conditions.

A “User” is defined as any natural person who enters into a legal transaction for a purpose that can predominantly be assigned to neither the person’s commercial nor the person’s freelance professional activities.

The User automatically gets an anonymous ID when first using Life4me+. It is highly recommended that User make full registration by the app in order to have the possibility to recover the data and connect to the doctor. During the registration the User can choose any user name - login (different from the automatically got ID) and set a password. A pseudonym can be used as the user name. It is recommended not to use personal data, such as an e-mail address, in the login. The User also specifies two self-chosen security questions, to which the User specifies an answer. The User can reset the password using these security questions in the event that the password is forgotten. In addition, the User must fill in the fields with the sex by birth, year of birth, gender and country. The User can enter real or dummy data. No verification takes place. The data is stored anonymously and used only for statistical purposes. No personal data is collected unless they are communicated via the user name. The User is responsible for a suitable secure password and for maintaining its confidentiality. The User will take all reasonable steps to prevent misuse of the User’s access to the services provided. Should this happen despite this, the Provider must be informed immediately, so that the User account can be blocked by the Provider or the problem solved in another manner.

Any User can set up multiple user accounts for Life4me+.

The installation represents an offer on the part of the User to enter into a contract for use of the service that the Provider may, but is not obliged to, accept.

The text of the contract is stored by the Provider and will continue to be available to the User after the latter has installed.

Contracts are concluded only in German. In case of contradictions between the German and the English language the German version shall prevail.

The Provider is to provide the User with Life4me+, an app for mobile devices by means of which the User can set the User’s own user profiles, retrieve statistical information and read news from the Provider on topics related to HIV, Hepatitis C and Tuberculosis. Life4me+ has been created for those who wish to monitor their health.

The functionality and technical specifications of the app are described in more detail in the description in the App Store.

Life4me+ automatically reminds the User:

• about tests for sexually transmitted infections (STIs, STDs);
• about taking drugs for pre-exposure HIV prevention – PrEP;
• about taking antiretroviral drugs in for HIV or hepatitis C (concealed and personalized reminders, for example, by writing “Call your mom” rather than “Take the pill”).

Using the app the User can:

• establish contact with your doctor;
• receive doctor’s prescriptions and test results, as well as other parameters (weight, height, neck/chest/waist/hip measurements, blood pressure, fever);
• receive appointments to visit a doctor or for blood collection.

The User can also enter test results, as well as other parameters (weight, height, neck/chest/waist/hip measurements, blood pressure, fever), in the mobile application itself so that they are always on hand.

On the map, the User can find the nearest:

• clinics that provide HIV treatment;
• clinics where you can take HIV or STI tests anonymously;
• reserve drug stocks to help with any interruptions in treatment in case of need;
• communities of people living with HIV and HIV/AIDS service organizations;
• peer counselling services.

Using the app the User can also find hot line phone numbers for his city or region, which will help the User, answer questions, dispel fears and give advice.

Using Life4me+ the User can:

• send a message to the Provider;
• report a case of discrimination;
• report an ARV-therapy’s interruptions due to delivery problems.

The User can also use the news section to learn about important developments in healthcare and achievements in the treatment and prevention of HIV, hepatitis C and tuberculosis.

Through Life4me+, the User can connect to two or more doctors. If the User wants to connect with a doctor, the doctor must verify the User. The doctor can send the analysis values of blood tests/urine to the linked user app or assign an appointment or laboratory appointment and send prescribed therapy (antiretroviral, PrEP, Hepatitis C and other) to the user app.

Life4me+ has a geolocation facility and can, if the User permits geolocation, localize the User, for instance to show the User the nearest HIV clinic.

Life4me+ can send push notifications if permitted to do so by the User.

Life4me+ is updated at irregular intervals by the Provider. The User is accordingly granted a right of use only of the current version of the app at any given time. The User is not however entitled to demand that a particular status of the app be brought about.

Life4me+ can also be secured with PIN or Touch-ID.

The Provider reserves the right to make changes to the services offered or to offer services that differ from the original ones, unless it would be unreasonable to expect the User to accept them.

The Provider also reserves the right to make changes to the services offered or to offer services that differ from the original ones:

• If the Provider is required to do so due to a change in the legal situation;
• If by so doing the Provider is complying with a court judgment against the Provider or a decision issued by an authority;
• If the change in question is necessary to close security gaps;
• If the change is nothing but beneficial for the User; or
• If the change is of a purely technical or procedural nature without a significant impact on the User.

Changes with only a negligible impact on the functions of the online service do not represent changes to performance within the meaning of this paragraph. This particularly applies to changes of a purely graphic nature and changes merely to the arrangement of functions.

Each User is solely responsible for the content of the information that the User places on Life4me+, with particular reference to the truth and legal soundness thereof. The User shall ensure that the content uploaded by the User does not violate these Terms and Conditions or applicable law. In particular, publication of the following is prohibited:

• Copyright-protected content, if the User does not have permission to use it;
• False claims;
• Posts whose aim is to attack or defame other users personally;
• Racist, xenophobic, discriminatory, or offensive content;
• Adult content;
• Content that glorifies violence; and
• Fictitious profiles (fake profiles).

The content posted by the User on Life4me + is to be attributed exclusively to the User in question and does not represent the views of the Provider. The Provider accepts no liability for the correctness of the content posted by the User. Each User is solely responsible for critically checking the veracity of content.

The User declares, and takes responsibility for ensuring, that the User has the right to use the content uploaded by the User to Life4me+. The User shall, in particular, ensure that no rights of third parties are infringed by the User’s content, with particular reference to copyrights, trademark rights and the right to enjoy a private life, as well as rights that relate to competition law.

The User shall ensure that the hardware and software environment used by the User satisfies the minimum technical requirements for the use of the App in the version currently provided.

The User is liable to the extent to which the User is responsible for all activities carried out using the User’s access details. The User is responsible for maintaining the confidentiality of the access data. The User shall ensure that the access data is inaccessible to third parties. The User shall promptly notify the Provider if there is evidence to suggest that the User’s access data is being or has been used by third parties.

If the User should act in violation of statutory regulations or these Terms and Conditions or if the Provider should have concrete evidence that the User has done so, the Provider is entitled without prior notice and further examination:

• To issue a cease and desist letter;
• To temporarily or permanently block the access of the User; or
• To take other appropriate actions as required.

The action that the Provider takes depends on the individual case and is at the reasonable discretion of the Provider.

If a User is blocked, the User may no longer use Life4me+ and may not re-register for the use thereof.

The Provider expressly reserves the right to take legal action in the event of a breach by the User of statutory regulations or these Terms and Conditions.

The Provider grants the User a simple, non-transferable right of use of Life4me+ for private purposes, limited in duration to the term of the contract, within the framework of these Terms and Conditions. The User is not permitted to make Life4me+ accessible to third parties without the written consent of the Provider. The User shall ensure that the User offers third parties no opportunity to bypass the access requirements for Life4me+.

If the User should violate the agreement concerning rights of use so egregiously that, taking into account the interests of both sides, it would not be reasonable to expect the Provider to continue the contractual relationship, the Provider may terminate the granting of rights of use without prior notice and permanently disable access to Life4me+.

Other statutory and contractual provisions are unaffected.

Personal data of Users are not asked for by Life4me+ and thus is not transferred to the Provider. The Provider is, however, entitled to process and use anonymous data and information provided by Users via Life4me+ for statistical purposes. By the use of pseudonyms, processing of medical data is carried out such that it cannot be associated with a specific person without the use of additional information, particularly since additional information is kept separately and subject to technical and organisational measures which ensure that the personal data cannot be associated with an identified or identifiable natural person.

The use of Life4me+ is free.

Personal data will be collected only if the User discloses such information voluntarily to the Provider or in the event of notice of withdrawal or in the context of voluntary feedback. Data such as name, company, e-mail and telephone number will in this case be stored and used exclusively for the purpose of responding to the request of the User or establishing contact and for the associated technical administration. The data will be deleted after the final processing of the request if the User so wishes and no statutory retention obligations preclude such deletion, or the Provider has legitimate interest in further storing.

No personal data is stored with the exception of the cases referred to in Paragraph 10.1. Connection with physicians takes place via a personal authorization code. With the deletion of Life4me+, all the data stored in the app will be deleted from the cell phone.

If the User should forget the User’s password, this can be reissued if the User knows the login and responds correctly to two test questions. The User enters the test questions and their answers at the point of registration. Without the login, password recovery is possible only if the User has previously established the connection with the doctor. He must then visit the doctor in person (telephone contact is possible but is not recommended) who will then give the User the code to create the new password. If the User is not connected to the doctor or does not know the login details or the right answers to the questions, the profile cannot then be recovered. In this case the User must create a new profile. It will then not be possible to access the data in the old profile.

Life4me+ has the digital PIN or fingerprint scanner for added protection against unauthorized access.

IF, AFTER A BALANCING OF INTERESTS, THE PROVIDER PROCESSES THE USER’S PERSONAL DATA IN THE CONTEXT OF A PREVALENT LEGITIMATE INTEREST, THE USER HAS THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF THIS DATA IN THE FUTURE FOR REASONS ARISING FROM THE USER’S PARTICULAR CIRCUMSTANCES.

IF THE USER EXERCISES THIS RIGHT TO OBJECT, THE PROVIDER WILL CEASE PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS POSSIBLE IF THE PROVIDER CAN DEMONSTRATE LEGITIMATE REASONS FOR PROCESSING IT WHICH OUTWEIGH THE INTERESTS, BASIC RIGHTS AND BASIC FREEDOMS, OR IF THIS PROCESSING IS FOR MAKING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF PERSONAL DATA IS PROCESSED BY THE PROVIDER FOR PURPOSES OF DIRECT MARKETING, THE USER HAS THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA RELATING TO THE USER FOR THE PURPOSES OF THIS KIND OF ADVERTISING. THE USER CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF THE USER EXERCISES THE RIGHT TO OBJECT, THE PROVIDER WILL CEASE USING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

The User shall indemnify the Provider against all claims that other users or third parties may seek to assert against the Provider occasioned by an infringement of their rights due to the contents placed by the User or any other use of Life4me+. The User shall in this case bear the reasonable costs of any legal defense required, including all court and attorney's fees. This will not apply if the User is not responsible for the infringement. The User shall, in the event of claims by third parties, make available to the Provider without undue delay all information that is required for the examination of the claims and for the defense of the latter; the information must be truthful and complete.

The Provider hereby makes it explicit that Life4me+ assumes no medical or other advisory functions. Life4me+ does not treat the User, is not a substitute for a doctor, does not offer medical advice and does not analyze any analysis parameters. Some content in Life4me+ is made available by the Provider or the Provider’s suppliers. The Provider makes every effort to ensure the correctness, completeness and currency of the content, information, and news of third parties which it makes available. However, the Provider is not responsible for the correctness, completeness and currency of this content, regardless of whether this was made available by the Provider, its suppliers or Users of the website. The Provider accepts no liability for the correctness, completeness and currency of such content. In particular, the Provider does not guarantee that information in Life4me+ about HIV clinics, doctors, pharmacies, HIV associations etc. and Google maps is accurate.

The Provider’s sole obligation is to provide the technical means for users to establish contact with one another. The Provider does not however guarantee that contact will actually be established between the users. Nor is the Provider obligated to ensure the establishment and maintenance of the data connection between the User's IT system and the server of the Provider.

Life4me+ is offered subject to availability. An availability of 100% is technically impossible to achieve and cannot therefore be assured by the Provider for the User. The Provider shall however strive to maintain as constant an availability of the service as possible. Maintenance, security or capacity issues and events that are not in the sphere of influence of the Provider (disruptions to public communication networks, power failures etc.) in particular may lead to faults or to the temporary suspension of the service. The Provider shall, where possible, carry out maintenance work during low-usage times.

In all other cases, the Provider is liable to the User for all contractual, quasi-contractual and legal claims, including tortious claims, for damages and reimbursement of expenses as follows:

• In the event of intent or gross negligence;
• In the event of negligent or deliberate injury to life, limb or health;
• On the basis of a guarantee, in the absence of any other regulation in this regard; and
• On the basis of mandatory liability, such as that provided for under the German Product Liability Act.

If the Provider should negligently violate an essential contractual obligation, the Provider’s liability is, unless it is limited pursuant to the preceding paragraph, limited to the foreseeable damage typical of this kind of contract. Essential contractual obligations are defined as obligations imposed on the Provider by the content of the contract for the achievement of the contractual purpose, without the fulfillment of which the proper execution of the contract would be impossible and on the fulfillment of which the User should in all normal circumstances be able to rely.

Liability of the Provider is excluded in all other instances.

The preceding liability regulations apply also with regard to the liability of the Provider for the Provider’s vicarious agents and legal representatives.

Liability on the part of the Provider is excluded for data loss caused by technically induced breakdowns, interrupted data transfers or other problems and damage in this context for which the Provider is not responsible. The Provider is not liable for damage brought about by the disruption of the Provider’s business operation or the operation of the Provider’s app as a result of force majeure, riot, war and natural disasters, or as a result of other incidents for which the Provider is not responsible (such as strike, lock-out, traffic disruption, orders of public authorities either domestic or foreign) or that is attributable to technical problems for which the Provider is not culpably responsible. The same applies if these disruptions occur to the operations of third parties commissioned by the Provider.

The contract for the use of Life4me+ is concluded for an indefinite period.

The right to extraordinary termination for cause remains unaffected. Cause will exist for the terminating party if, considering all the circumstances of the individual case and weighing of the interests of both parties, it would be unreasonable to expect the contractual relationship to continue until the agreed termination date or until the expiry of a notice period.

In particular, for cause includes the following:

• A significant violation of key provisions of these Terms and Conditions that is not rectified or is repeatedly committed even after the setting of a deadline and that makes the continuation of the contractual relationship impossible or unreasonable.

The termination of the contract as a whole requires a separate and unequivocal termination.

If the contract as a whole is terminated the User will lose access as well as the User’s user account. The obligation of the Provider to store the data provided will expire upon termination of the contract.

The Provider reserves the right to change these Terms and Conditions at any time without providing any justification. The Provider will generally inform users of any changes to these Terms and Conditions relating to the release of an update. If the User does not consent to the validity of the new terms and conditions, the User can refrain from downloading the update and continue to use the old version of Life4me+.

The Provider reserves the right to change these Terms and Conditions:

• If the Provider is required to do so due to a change in the legal situation;
• If by so doing the Provider is complying with a court judgment against the Provider or a decision issued by an authority;
• If the Provider introduces additional, completely new services or service elements that require individual specification in these Terms and Conditions of Use, unless to do so would be to the detriment of the previous contractual relationship;
• If the change is nothing but beneficial for the User; or
• If the change is of a purely technical or procedural nature, unless it has a significant impact on the User.

In this case, the Provider shall inform the User of the change(s) to the Terms and Conditions of Use.

The Provider is not obliged and should not be ready to participate in a dispute settlement procedure before the Consumer Arbitration Service.

The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of consumers, this choice of law applies only insofar as the protection provided is not revoked by mandatory provisions of law of the state in which the consumer habitually resides.