The following Terms of Use set out the terms and conditions under which ‘Emma’ (hereinafter also referred to as ‘Digital Health Assistant’) provided by Medi24 AG, Bern, Switzerland (hereinafter ‘Medi24’) can be used by service beneficiaries.

Use of the service is permitted exclusively on the basis of these Terms of Use.

Service beneficiaries who do not agree to these Terms of Use or cannot or will not accept them, cannot activate the services offered and therefore cannot use them and are required to leave the website/application.

Service beneficiaries are persons who are at least 18 years of age and have a valid activation code and enter it on the Digital Health Assistant website/application (hereinafter ‘User’). Only one activation per person is allowed. Activation is highly personal and non-transferable.

By completing the activation process, each User confirms that they have acknowledged these Terms of Use and that they accept the same as binding. The User accepts the Terms of Use by clicking on the relevant button on the user interface of the website/application (during the activation process).

These Terms of Use are also applicable if the service or access to the application is used outside of Switzerland. The Digital Health Assistant may not be used if use of the services provided is prohibited under the provisions of any legal system to which User of the application is subject.

If a User breaches these Terms of Use or any other legal provisions, Medi24 is entitled to block the user profile concerned or the user account concerned.

Medi24 reserves the right to take legal action against users who cause damage by infringing the provisions of these Terms of Use specified by Medi24.

Every User is entitled to delete their account at any time and without specifying any reason by giving the appropriate notice. The service can no longer be used once the account has been deleted.

a. The Digital Health Assistant can be used through various channels (e.g. WhatsApp, Telegram or Secure Web Chat). Generally speaking, each user can freely choose the chat channel (depending on availability). Use of the messaging/chat application selected by the User and processing of the associated data by the respective messenger/chat application provider is in general subject to the respective providerʼs usage and data protection provisions.

b. The data entered in conjunction with the use of Digital Health Assistant services must concern health-related issues. No information or data may be uploaded that is defamatory, offensive, insulting, mocking, slanderous, harmful to minors or otherwise illegal or objectionable (in particular in relation to any type of pornography, threat or glorification of violence, or political or religious extremism) or any other data that is unlawful or infringe the rights of another person anywhere in the world. Likewise, the uploading of sensitive data (data relating to the racial and ethnic origin, political views, trade union membership, religious or philosophical beliefs of a natural person) is not permitted.

c. The Digital Health Assistant or individual services provided by the Digital Health Assistant may only be used for Userʼs personal purposes.

d. The Digital Health Assistant or the services provided by the Digital Health Assistant may not

e. The answers to inquiries received through the Digital Health Assistant or a Digital Health Assistant service may not be published or disseminated to third parties.

f. All information provided when accessing the Digital Health Assistant or for/during the use of the Digital Health Assistant must be truthful, complete and, to the best of the Userʼs knowledge and belief, be correct.

g. It is strictly forbidden to make inquiries relating to facts, illnesses or circumstances that are or were the subject matter of court proceeding or of a similar demand.

h. The User authorizes Medi24 or the respective subprovider of a Digital Health Assistant service to Medi24 to actively monitor the use of the service to identify potential malevolent or abusive use, to guarantee the security and integrity of Users and the quality of the service offered and acknowledges and consents to the same.

a. Symptom Check is an application through which Users can, conduct an interview for himself or herself or for a third party, e.g. children or people who otherwise cannot use the application directly in order to analyze symptoms provided by the User and to provide them with possible conditions and health recommendations. The selection is made by clicking the appropriate button at the initial stage of the Interview.

b. Symptom Check is provided by Infermedica Sp. z o.o. with its registered office in Wrocław at Plac Solny 14/3, 50-062 Wrocław, Poland.

c. Symptom Check does NOT provide any professional medical consultation services, make any diagnosis or provide treatment and is not intended to be used for any medical purpose (such as the detection, diagnosis, monitoring, management or treatment of any medical condition or disease).

d. The assessments, results and contents of the Symptom Check only service to provide general information; no warranty can be assumed for the correctness of these assessments, results and/or the contents.

e. The assessments, results and/or contents of the Symptom Check are not considered to be treatment recommendations or medical diagnoses and the Users are required to obtain medical advice (from their primary care physician/specialist physician) before taking any measures on the basis of the information provided by Symptom Check.

a. Doctor Chat is a service by means of which Users can use a chat function to contact a locally licensed physician on an anonymous basis. Provided that the physician in question is able to answer the inquiry by chat, he/she will provide health information. It is expressly pointed out that the Doctor Chat physicians do not provide specific medical advice to Users and do not make any diagnosis or recommend any treatment. The User should not take any information provided via Doctor Chat as a substitute for treatment; physicians on Doctor Chat do not replace a Userʼs personal doctor/general practitioner.

b. The Doctor Chat service is provided to Medi24 for the purposes of the Digital Health Assistant service by Abi Global Health Ltd., Dublin, Ireland (hereinafter ‘Abi’).

c. Due to the time lag, physical distance and the lack of vital signs relevant to a consultation, Doctor Chat is not suitable for acute health problems and is especially not suitable for emergencies. The User should also consult with their personal doctor/general practitioner if this is suggested or if the need arises, and they inform their doctor/general practitioner about any information given to them via Doctor Chat.

d. The use of Doctor Chat does not give rise to a physician–patient relationship.

e. The Digital Health Assistant cannot guarantee the continuity of contact with the same physician for a User.

f. Doctor Chat may not be used for purposes in connection with marketing, advertising, sales promotion, sale or supply of products or services or commercial offerings or for the distribution of snowballing types of news.

a. The Digital Health Assistant provides useful links to external websites by means of which interested Users can, for example, search for various services in the medical sector in their locality (e.g. to look for a physicianʼs office near them, etc.).

b. All links and/or information made available to Users within the scope of the “Links” service of Medi24 serve exclusively to draw the Userʼs attention to external third-party websites that are in no way associated with Medi24; these links can be used to search for various services from the field of medicine.

c. Medi24 does not guarantee the correctness, accuracy, currency and completeness of the links made available and assumes no liability in this context.

d. Medi24 reserves the right to change or add to the list of links provided or to temporarily or permanently cease to include the links at any time also without prior notice.

e. The party liable for the linked websites is the respective owner; Medi24 does not have any influence on the current and future design or the content of the linked pages and refuse all liability for the content or proper functioning of these websites.

f. Medi24 does not perform any checks of the content of the linked websites on an ongoing basis. Consequently, the placing of a link similarly does not mean that Medi24 agrees in every case with the content of the linked pages.

Within the scope of activation for Digital Health Assistant services, Medi24 generally does not collect any personal data from Users; only a nickname/username (that can be chosen freely by the User in each case), the Userʼs sex and year of birth are collected. Medi24 is not able to identify Users on the basis of the details required for activation. In principle, no further disclosure of personal data (on the basis of which a person could be identified) is required even for the use of various Digital Health Assistant services.

To the extent that Medi24 collects appropriate personal data in the context of a service provided, e.g. Medical Hotline or Doctor Chat, the processing of such data is subject to the provisions of the Privacy notice. To the extent that processing of the personal data collected in this respect requires the consent of the respective User, such consent will be obtained beforehand.

a. Due to the nature of communications systems, no guarantee is made that the use of the Digital Health Assistant service or individual components of the service will be uninterrupted, timely, secure and error-free (no availability commitment) and/or that its use meets the specific needs of Users or the information/answers received are correct and/or complete. Updates of the application may be issued from time to time. To the extent permitted by law, all liability is excluded for losses or damage resulting from or in connection with non-availability of the application.

b. Liability is likewise excluded for losses or damage, whether in contract, in tort (including negligence), breach of statutory duties or arising in any other way even if such losses or damage are foreseeable, that result from or in connection with:

c. There is nothing in these Terms relates to or limits our liability for personal injuries attributable to negligent or culpable acts or any other liability that cannot be legally excluded.

d. Although all reasonable efforts were made to ensure that the information communicated via the Digital Health Assistant or a Digital Health Assistant service is correct, Digital Health Assistant services and all information or details contained therein are made available exclusively on the basis that the User accepts the same “as is”. If the User relies on information or details made available through the Digital Health Assistant, the User does so completely at the Userʼs own risk and accepts that all express or implicit warranties, conditions and assurances, whether under customary law, legislation, trade practice, within the framework of business transactions or in any other way, relating to the Digital Health Assistant or a Digital Health Assistant service are excluded to the extent permitted by law. The User acknowledges that complex software is never completely free of defects, errors or bugs and, subject to the other provisions of these Terms of Use, no warranty or assurance is given that the service is completely free of defects, errors and bugs.

e. When accessing the service via external instant messaging applications operated by third parties, such as WhatsApp, Telegram, etc., the User acknowledges that they are subject to the terms and conditions, data protection provisions and terms of use that are determined by the operator responsible and that were accepted by the User when registering for the respective service and the User exempts Medi24 and/or any third-party provider of a Digital Health Assistant service from all liability for such service.

a. The answers and/or recommendations provided by the physicians contacted within the framework of the Doctor Chat represent their subjective assessment in each case; they do not in any way reflect the assessment of Medi24 or Abi and cannot be attributed to either Medi24 or Abi.

b. Personal and health-related information may be exchanged between Users and physicians via Doctor Chat as part of the provision of the Doctor Chat service; neither Medi24 nor Abi has any knowledge of or control over the information exchanged on Doctor Chat for the purposes of the provision of the service. Neither Medi24 nor Abi makes any warranty as to the correctness, accuracy, topicality and completeness of the information communicated and disclaims any and all liability, to the extent permitted by law, for any loss or consequential loss arising from the use of Doctor Chat or in relation to the information, answers and/or recommendations obtained from the use of Doctor Chat.

c. In particular (but without limiting the generality of 5.2.(b.) above), neither Medi24 nor Abi shall be liable for:

d. The information provided by physicians via Doctor Chat to the User is intended for general health information purposes and is not a substitute for professional medical diagnosis or treatment.

e. The use of Doctor Chat does not give rise to

a. The party liable for the linked websites is the respective owner; Medi24 does not have any influence on the current and future design or the content of the linked pages and refuse all liability for the content or proper functioning of these websites.

Medi24 reserves the right to change or adapt these Terms of Use at any time and without giving any reason and to restrict, expand or cease provision of the Digital Health Assistant service in full or in part. Any changes to these Terms of Use are immediately binding once the User uses (or continues to use) the Digital Health Assistant service. Significant amendments to the Terms of Use and/or services will be announced by means of a corresponding notice on the login screen of the website/application. This text contains a request for the User to acknowledge the amended Terms of Use and/or services and to confirm such acknowledgement. Use of the services may not continue until acknowledgement has been provided.

All intellectual property rights that make up the Digital Health Assistant service are the property of Medi24 and/or the respective subprovider providing the service in question to Medi24 and there is nothing in these Terms that constitutes any transfer of the same.

The rights to intellectual property include patents, invention rights, utility models, copyrights and related rights, brands, service, commercial, business and domain trademarks, commercial image or presentation rights, design rights, software rights, database rights, moral rights, rights to confidential information (including know-how and trade secrets) and all other rights to intellectual property rights, irrespective of whether they have been registered or not. This includes all applications and renewals or extensions of such rights as well as all similar or equivalent rights or forms of protection anywhere in the world.

Should a provision in these Terms of Use be unworkable or unenforceable, the unworkable or unenforceable provision is deemed to be replaced by a workable and enforceable provision that comes nearest to the purpose of the original provision. The remaining Terms of Use shall remain in full force and effect.

These Terms of Use and any reciprocal rights and duties derived from the use of the Digital Health Assistant, as well as any claims between Medi24 and a User, are subject to Swiss law. Mandatory legal safeguards for consumer protection applicable in the state in which the legal entity providing the User with the activation code for the Digital Health Assistant is domiciled remain in place.

The courts in Bern, Switzerland, will have exclusive jurisdiction for all legal disputes arising between Medi24 and a User of the Digital Health Assistant. Mandatory legal safeguards for consumer protection applicable in the state in which the legal entity providing the User with the activation code for the Digital Health Assistant is domiciled remain in place.

Most recent update: June 14, 2023