Terms and Conditions of Use

“Medigo” Platform

Effective date: November 1, 2024

1 — Thank you for choosing Medigo!

The “Medigo” mobile application service (“Service”) is provided by Medigo SA (“Medigo”). By using the Service, you agree to these terms and conditions of use (“Terms”). If you use the Service on behalf of an organization or entity (“Organization”), you agree to these Terms on behalf of the Organization. In this case, “you” and “your” may refer to the Organization. If you do not agree to these Terms, please do not use the Service.

2 — Modification of the Terms

Medigo reserves the right, at its sole discretion and at any time, to change, modify, add, or remove portions of these Terms. Changes to these Terms become effective when you accept them as part of a Service update or any other form. Your use of the Service requires acceptance of the current version of these Terms.

3 — Description of the Service

Medigo provides an online service presenting the services (“Information”) offered by human medical emergency centers (“Center”), including, among other things, an indicator continuously displaying the occupancy rate of the relevant Center calculated in real time from tracking information (“Tracking Information”) provided by the Center. The Information and Tracking Information form the service data (“Raw Data”). Medigo processes the Raw Data through algorithms allowing the creation of other useful indicators for the Service (“Processed Data”). The Service is accessible via the internet and through a dedicated mobile application by the beneficiaries of the Center’s services, generally patients (“User”). The Center agrees that Medigo may send it information about the Service by email, including administrative information and newsletters. These communications are part of the Center’s registration for the Service and it will not be possible to opt out from receiving them.

4 — Participation Conditions

Only human medical emergency centers are authorized to participate in the Service. To be eligible, a Center must:

1. be able to receive patients without appointments;
2. be open at least 5 days out of 7 and guarantee uninterrupted opening throughout the day;
3. have a dedicated on-site medical and nursing team; 4. be able to provide care for level 1 to 4 emergencies in accordance with the Swiss Triage Scale within the first minutes following the patient’s arrival.

To use the Service, the Center must have an information system used in real time to manage patient care and capable of automatically transmitting the following Tracking Information to Medigo:

1. the day, hour, and minute of a patient’s arrival at the Center;
2. the day, hour, and minute of triage, if applicable;
3. the day, hour, and minute when the patient is taken in charge by a doctor;
4. the day, hour, and minute of discharge.

For this purpose, Medigo provides you with all technical information necessary to transmit the Tracking Information.

By using the Service, you represent and warrant that the Raw Data you provide is accurate, complete, up to date, and faithfully reflects the situation within the Center. You undertake to maintain and regularly update the Information on your presentation page in order to keep it accurate, complete, up to date, and faithfully reflecting the situation within the Center. You also declare that you are duly authorized to represent and bind your Organization. In the event that you provide inaccurate, incomplete, outdated Raw Data or data that does not faithfully reflect the situation within the Center, Medigo shall be entitled to suspend or terminate your account and immediately and in the future deny you access to all or part of the Service. Medigo reserves the right to take any appropriate legal action in the event of the use of a false identity or the dissemination of false Raw Data.

5 — Use of the Service

You must use the Service in accordance with these Terms and follow the rules made available to you within the Service. Medigo may investigate, suspend, or terminate the Service at any time if we determine that your use violates the Terms and/or the rules made available within the Service. In this specific case, no refund may be requested under any circumstances whatsoever.

All rights relating to the Service remain the property of Medigo. Medigo holds all intellectual property rights related to the Service, and the reproduction, distribution, transmission, modification, or use of these intellectual property rights is prohibited. However, the Service may display certain logos, trademarks, or branding elements that are not owned by Medigo. Such data remains the sole responsibility of the entity making it available.

You must not misuse the Service, including, but not limited to, the following:

• using the Service for illegal purposes or activities;
• using the Service in ways not authorized by the Terms;
• copying, reproducing, extracting, storing, or making available to the public all or part of the Service or data provided to you through the Service;
• uploading data to the Service in violation of applicable laws, including but not limited to intellectual property and advertising laws;
• modifying, distorting, adapting, fragmenting, or correcting the content of the Service, the material on which it is based, or any part or element of its content;
• making copies, granting sublicenses, or transferring in any way rights to the Service to third parties;
• bypassing any territorial restriction applied by Medigo;
• interfering with or disrupting access for any user, host, or network.

Medigo, at its sole discretion, will determine whether there has been abuse and/or misuse of its Service.

6 — Provision of the Service

6.1 — Pricing

The Service is provided as a paid service for the Center. The applicable subscription prices are those appearing in the commercial documents provided at the time the contract is concluded.

6.2 — Commitment Period

The minimum commitment period is one year. Payment terms are specified in the commercial documents and invoices.

6.3 — Payment Terms and Deadlines

Invoices are sent at the beginning of the applicable period and are payable within 30 days. In the event of late payment, beyond the first reminder, the Service will be immediately suspended and reactivation fees may apply.

6.4 — Renewal

The Service subscription is automatically renewed under the same conditions from year to year. If you do not wish to renew the subscription, you must notify Medigo by email at the address indicated on the latest invoice at least three months before the subscription expiry date. In the event of a change in pricing, the new rates will be communicated before they come into effect and will apply from the next renewal date.

7 — Data Protection

7.1 — Personal Data

Personal data is processed in accordance with the Medigo Privacy Policy.

7.2 — Data Ownership

The Center owns the Raw Data provided to Medigo. The Center grants Medigo the right to use, process, and store this Raw Data in connection with the provision, improvement, and optimization of the Service. Processed Data remains the exclusive property of Medigo. Medigo will not disclose the Center’s Raw Data to third parties without the Center’s prior express authorization, except in the case of a judicial or administrative decision.

7.3 — Exercise of Data Subject Rights

All details regarding the exercise of data subject rights can be found in the Medigo Privacy Policy.

8 — Software and License

Medigo grants you a personal, worldwide, royalty-free, non-transferable, and non-exclusive license to use the software provided by Medigo as part of the Service in accordance with its intended purpose. Any license relating to the Service itself is expressly excluded. It is prohibited to make copies, grant sublicenses, or transfer in any way rights to the Service to third parties. Neither the content of the software provided by Medigo, nor the material on which it is based, nor any part or element of its content may be modified, distorted, adapted, fragmented, or corrected.

When the Service requires or includes downloadable software, such software may be automatically updated on your device once a new version or new features are available. Some platforms may allow you to configure your automatic update settings.

9 — Modification or Termination of the Service

Medigo may at any time modify the information contained in the software provided by Medigo. Medigo may add or remove functionalities or features in the normal course of improving, modifying, or updating the Service. Medigo may also suspend or discontinue the Service with at least 30 days’ notice.

10 — Liability

Use of the Service is entirely at your own risk. The Center must protect itself against any unauthorized access to the Service.

Any liability of Medigo relating to the content, functionality, and use of the Service, including with regard to malicious software, is excluded to the extent permitted by law.

If, for technical reasons, the Service does not function properly or the data displayed by the Service is inaccurate, incomplete, outdated, or does not faithfully reflect the situation within the Center, Medigo disclaims all liability for any resulting damages.

Medigo shall not be held liable if the execution of the Service is prevented, limited, or disrupted due to a force majeure event. Medigo shall be released from the performance of its obligations to the extent of such prevention, limitation, or disruption. Force majeure is defined as an unforeseeable or unavoidable event beyond Medigo’s control.

11 — Severability

If one or more provisions of these Terms are or become legally invalid, this shall not affect the validity of the remaining provisions. The invalid provision must be replaced as soon as possible by another provision that comes as close as possible to the spirit and purpose of the invalid provision.

12 — Applicable Law and Jurisdiction

Any dispute relating to these Terms, their conclusion, execution, or interpretation, failing an amicable settlement, shall be submitted to the exclusive jurisdiction of the courts of Lausanne, subject to appeal before the Swiss Federal Supreme Court. Only Swiss law shall apply to these Terms. The application of international conventions, in particular the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG), is excluded.

Updated: November 1, 2024

Last updated: Dec 18, 2024