Terms of Use Aeon Plattform & App

Terms of Use Aeon Plattform

1. About Us and Our Services

1.1. MRI Health Holding AG ("we", "us", "aeon") is located at Neuwiesenstrasse 15, 8400 Winterthur. Contact us at [email protected] for inquiries.

1.2. We provide you with medical treatments with healthcare professionals (e.g. radiologists, haematologists, general practitioners) via our platform (‘platform’ or ‘website’) and our mobile app (‘aeon app’ and together with the platform, the ‘services’). You can find the results of your medical treatment in the aeon App.

1.3. Our website is used to arrange diagnostic treatments with healthcare professionals, but we do not provide any medical services or treatments ourselves. Your medical treatment is arranged directly between you and the healthcare professional. We have no control over that treatment or the quality and competence of the healthcare professional. However, we do vet each partner to ensure they meet our values of customer focus and medical quality.

2. Acceptance of Terms

2.1. These aeon Terms of Service (‘aeon Terms’, ‘Terms’, ‘aeon Terms and Conditions’, ‘aeon Terms’, ‘Terms of Service’, ‘ToS’) govern the legal relationship between you and us when you use our services (you and we are hereinafter collectively referred to as ‘Parties’ and individually as ‘Party’). By using our services, you unconditionally agree to the aeon Terms.

2.2. By using the aeon App, you unconditionally agree to the Terms of Use of the aeon App.

3. Personal Requirements

3.1. Our services are intended for individuals who are at least 18 years old and have the legal capacity to enter 1 into contracts. If you are under 18 or lack legal capacity, you may only use our services with the consent of your legal guardian.

3.2. By using our services, you confirm that you meet these eligibility requirements.

4. Information on the Platform

4.1. The information provided on our platform is for general knowledge and informational purposes only, and does not constitute medical advice. It is essential to consult with a qualified healthcare professional for any health concerns, symptoms, or before making any decisions related to your health or treatment.

4.2. We provide all content on our platform "as is" without any warranty, express or implied, including any warranty of accuracy, completeness, or fitness for a particular purpose.

5. Appointment Booking/Online Booking Service

5.1. To book your initial consultation, please visit our platform. During this consultation, we will provide you with information about our services without any obligation.

5.2. Once you confirm your acceptance of our booking services, a contract will be formed between you and us. This contract authorizes us to book treatment services on your behalf. We have the right to select the appropriate healthcare professionals within the scope of your order.

5.3. We will coordinate the treatment appointment with the relevant healthcare professional. Once the appointment is confirmed by the healthcare professional, you will receive an appointment confirmation via email or text message. Upon confirmation, a separate contract will be formed between you and the healthcare professional.

5.4. The healthcare professional may postpone or cancel your appointment. If this occurs, you will be notified immediately via email or telephone.

5.5. You can cancel or change your appointment by contacting [email protected]. Please note that booked appointments are binding commitments, and failure to attend without proper cancellation may result in consequences. You are solely responsible for any consequences arising from missing a booked appointment.

5.6. We shall not be held liable for any cancellation or unavailability of the healthcare professional due to appointment management through our platform. We also assume no responsibility for any emails or text messages that are not received or received too late.

5.7. By booking an appointment, you agree to pay all costs associated with the arrangement and subsequent treatment. These costs may include an order fee, a referral fee, the treatment costs, the platform usage fee, and any applicable taxes or other charges specified during the payment process. The treatment costs may vary depending on the type of consultation and treatment provided. The healthcare professional will inform you of the cost of your treatment.

6. Fees and Costs

6.1 Platform and aeon App Fees

Aeon may charge healthcare professionals and you fees (and applicable taxes) for the booking service and for the right to use the Aeon Platform and aeon App.

6.2 Costs payable by you

6.2.1. The costs payable by you for the services provided by us, as well as the treatment costs, are derived from the treatment proposal and confirmation provided to you. The prices valid at the time of booking shall apply in each case. All prices include statutory value-added tax (if applicable).

6.2.2 As long as we have not confirmed your booking via email, SMS, aeon app, or other form of text, or by processing your partial or full payment, the advertised prices (e.g. verbally, in brochures or on the website) are indicative and do not constitute an offer.

6.3 Payment

6.3.1. Unless otherwise agreed, the following payment terms apply:

(a) A deposit of 10% of the total treatment costs is payable upon booking;

(b) The remaining balance is payable no later than 30 days after completion of the treatment.

6.3.2. Alternatively, we also offer instalment payments under certain conditions (see Section 6.4).

6.3.3. In the event of full or partial non-payment, we reserve the right to withhold and discontinue our services.

6.3.4. You agree to bear all fees or other transaction costs that may be incurred in connection with the transfer.

6.3.5. Payments must be made in Swiss francs (CHF) unless we offer payment in another currency.

6.4 Instalment Payment via MF Group

6.4.1. If you wish to pay the treatment costs in instalments, this is possible under certain conditions via the third-party provider MF Group AG ('MFG'), Bohl 6, 9004 St. Gallen. This instalment payment is a payment on account with a partial payment option.

6.4.2. If you pay via MF Group, you agree that we may assign our claims against you to MF Group. Please familiarise yourself with MF Group's terms and conditions before opting for this method. Fees and interest may apply. MF Group is solely responsible for questions regarding the invoice and all other questions in connection with the payment. If you have any complaints about the processing of the payment by MF Group, please contact us ([email protected]) or MF Group ([email protected]) by email.

6.4.3 Even if you pay in instalments via MF Group, we are entitled to discontinue our services if you do not pay your invoices on time.

7. Your Obligations

7.1. You agree to:

(a) Act in good faith and provide truthful information about yourself;

(b) Immediately notify us of any changes to your details;

(c) Provide us with accurate and up-to-date contact information;

(d) Maintain solvency when booking an appointment and throughout the duration of treatment;

(e) Follow our instructions when using our services; and

(f) Only provide us with information and documents that you are authorized to receive and share with us.

7.2. If you breach these obligations, we reserve the right to refuse our services to you. You further agree to be responsible for any costs incurred by us as a result of your breach.

8. Liability Disclaimer

8.1. You (including your heirs, representatives, and agents) agree to:

(a) Indemnify and hold harmless us, our representatives, agents, employees, other customers and other participants in activities, sponsors, advertisers, and, if applicable, owners and lessors of premises used for the services (“Indemnitees”) from and against any and all claims, liabilities, causes of action, damages, costs or losses arising out of or relating to our services, whether based on negligence of the Indemnitees or otherwise, to the fullest extent permitted by law;

(b) That aeon is not responsible for services provided not by aeon, but by a healthcare professional or a third party ("Third Party Services"), and that you will fully indemnify and hold harmless aeon in this regard;

(c) That liability for slight negligence, indirect and immaterial damages is fully excluded to the extent permitted by law.

8.2. You acknowledge that our role is limited to that of a mere intermediary and technical service provider and that we assume no liability in connection with medical services provided to you by the healthcare professionals. You expressly agree to use the platform at your own risk and sole responsibility.

9. Data Protection

9.1. Our privacy policy outlines how we process and protect your personal data, including your health data. Please read it carefully and contact us if you have any questions.

9.2. By accepting these terms, you authorize us to send you appointment confirmations via email or SMS.

9.3. You agree that (a) aeon may share your data collected in the course of providing services with healthcare professionals or other third parties if necessary for their provision of services, and (b) such healthcare professionals or other third parties may share your data collected in the course of their provision of services with aeon. The aeon Privacy Policy applies to aeon's subsequent processing of your data.

9.4. If a waiver of professional secrecy is required for the transfer of your data in accordance with section 9.3, you consent to such a waiver to the extent mentioned in section 9.3.

10. Final Provisions

10.1. Governing documents

10.1.1 These aeon Terms and Conditions outline the rights and obligations associated with our services.

10.1.2 The aeon App Terms of Use, an integral part of these aeon Terms, apply to using the aeon App.

10.2. Amendments

10.2.1 We may modify these aeon Terms at any time. Continued use of our services after such changes constitutes acceptance.

10.2.2 The latest version of these aeon Terms is always available on our website.

10.3. Waiver of Rights

Failure by either party to enforce any provision of these Terms does not constitute a waiver of that or any other provision.

11. Severability

If one or more provisions of these Terms are invalid or unenforceable, the remaining provisions shall remain unaffected. The parties shall replace the invalid or unenforceable provisions with 1 provisions that are valid and enforceable and that best reflect the original intent of the parties and, if possible, lead to the same economic result.

12. Governing Law and Jurisdiction

12.1. Swiss law shall apply to all claims of the parties in connection with the services provided by us (without application of international treaties or conflict of law rules that would lead to the application of another law).

12.2. The parties choose the state courts in Zurich as the exclusive jurisdiction for disputes.

aeon App Terms of Use

1. Scope

1.1. These Terms of Use ("aeon App Terms of Use", "Terms of Use") describe the rights and obligations between MRI Health Holding AG ("we", "us", "aeon"), Neuwiesenstrasse 15, 8400 Winterthur, and you ("you", "User") in relation to the use of the aeon mobile app ("aeon App").

1.2. These Terms of Use form an integral part of the aeon Terms and Conditions. The terms defined in the aeon Terms and Conditions and used here have the same meaning. In the event of any conflict, these Terms of Use shall prevail over the aeon Terms and Conditions, but only insofar as the use of the aeon App is concerned and aeon's rights are not thereby restricted.

1.3. The aeon App is made available to you as part of your treatment. The aeon App displays your diagnostic findings, your doctor's reports, and any treatment options and/or lifestyle optimizations.

2. Right of Use

2.1. For the duration and within the scope of your treatment, we grant you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to use the aeon App in accordance with these Terms of Use and to the extent of the functions made available.

2.2. Any open source software or third-party software integrated into the aeon App is provided in accordance with the open source or third-party license.

3. Intellectual Property

3.1 Our Intellectual Property

3.1.1. The aeon App, including all related products (e.g., product designs, logos, trademarks, fonts, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.) and all related property and intellectual property rights, are our intellectual property or licensed to us.

3.1.2. All rights not expressly granted to you under these Terms of Use are expressly reserved by us.

3.1.3. Any improvement, development, modification, or alteration of any kind to the aeon App, including all related products (e.g., product designs, logos, trademarks, fonts, computer code, concepts, data, images, sounds, videos, designs, know-how, etc.), that are created, produced, written, edited, modified, designed, or implemented by us alone or together with users or third parties during the term of our agreement, as well as all related property and intellectual property rights worldwide, are our sole and exclusive property, without any claim for compensation from any participating user or third party.

3.2 User Content

3.2.1. The rights to content that you transmit to us in connection with the use of the aeon App remain the intellectual property of the respective owner. As long as you use the aeon App, you grant us a limited right to use such content, if and to the extent necessary for the provision and further development of the aeon App or the performance of our services.  

3.2.2. You represent and warrant that your own content or third-party content used by you does not violate any applicable laws or intellectual property rights or other proprietary rights of third parties. We are not liable for such content. You are solely responsible for this content and shall fully indemnify us in this regard.

4. Usage Guidelines

4.1. You agree to:

(a) Not to take any action that is likely to infringe our intellectual property rights or expose us to liability or sanctions;

(b) Not to modify or alter the aeon App (including future versions) or related products in any way:

(i) To modify or alter (except for the configuration options provided),

(ii) To reverse engineer, disassemble or decompile,

(iii) To copy or otherwise reproduce, or to create derivative works thereof;

(c) Under no circumstances to alter or remove any markings or copyright notices on the aeon App;

(d) Not to manipulate the aeon App or the underlying infrastructure;

(e) Not to use the aeon App for any illegal, unfair or offensive purposes;

(f) Not to spread viruses, Trojan horses or other malicious code via the aeon App;

(g) Not to extract the aeon App by means of automated scripts/queries (scraping); and

(h) Not to circumvent or attempt to circumvent any technical restrictions or limitations of the aeon App.

4.2. As a user of the aeon App, you are responsible for maintaining the confidentiality of your login information. You expressly agree not to disclose your login information to any other person. The login information may only be used by the person to whom it is assigned. We reserve the right to suspend access to the aeon App, in whole or in part, at our discretion if we suspect misuse of the login information.

5. Warranty and Liability

5.1. While we strive to ensure uninterrupted availability and error-free functionality of the aeon App, we cannot guarantee this. We provide the aeon App "as is" and "as available". Any warranty claims are expressly excluded to the extent permitted by law.

5.2. Our liability for any kind of damage, including but not limited to direct or indirect damage, consequential damage, financial loss, third-party claims, lost profit, reduction of goodwill, loss of revenue or data, in connection with the use of the aeon App is excluded to the extent permitted by law.

6. App Modifications

To ensure the timeliness and effectiveness of the aeon App, we reserve the right to modify, supplement, discontinue, or replace it with a successor product at any time, with or without notice.

7. Data Protection

Our privacy policy explains how we process and protect your personal data, including your health data. Please read it carefully and contact us if you have any questions.

8. Final Provisions

8.1 Waiver of Rights

If one party fails to perform any part of the agreement and the other party does not insist on due performance, this shall not constitute a waiver of the right to performance of other parts of the agreement.

8.2 Severability

If one or more provisions of these Terms of Use are invalid or unenforceable, the remaining provisions shall remain unaffected. The parties shall replace the invalid or unenforceable provisions with provisions that are valid and enforceable and that best reflect the original intent of the parties and, if possible, lead to the same economic result.

8.3 Amendment of these Terms of Use

8.3.1. We may amend these Terms of Use at any time. We will inform you of the amendment in an appropriate manner.

8.3.2. If you continue to use the aeon App after an amendment to these Terms of Use, you agree to the amendments without reservation. If you do not wish to accept the amendments, further use of the aeon App is no longer permitted.

8.3.3. The currently valid version of these Terms of Use can be found on our website.

8.4 Governing Law and Jurisdiction

8.4.1. Swiss law shall apply to all claims of the parties in connection with the services provided by us (without application of conflict of laws rules that would lead to the application of another law, or international treaties).

8.4.2. The parties agree that the exclusive jurisdiction for any disputes arising out of or in connection with these Terms of Use shall be the state courts of Zurich.