Terms of Use
These Terms of Use govern your use of the Carity digital health application or the Carity System or the Carity App (herewith also called "App"), and all related services offered by Carity AG (herewith called in combination with the App “Carity”). The general terms and conditions of use of third-party devices or services that are connected to and function with Carity are not part of these terms and conditions of use and must additionally be obtained from the respective manufacturers or providers.
If you use Carity, you agree to these Terms of Use and undertake to comply with all applicable laws and regulations. If you do not agree to these Terms of Use, you are prohibited from continuing to use Carity or from using any other services offered by Carity AG.
Carity AG reserves the right to review and modify these Terms of Use at its sole discretion. If we do, we will update this page and notify you via the App. Any changes to these Terms of Use will be effective immediately from the date of posting.
These Terms of Use were last updated on June 14th, 2024.
The unrestricted use of Carity is only possible in combination with certain devices offered by third parties, i.e. a smartwatch and a smartphone where the App will be downloaded. The use of such devices is at your own risk, and we strongly recommend that you read and accept the terms of use of the devices used before you start using these devices and Carity.
As of today’s Terms of Use, Carity can only be installed on a mobile device supporting iOS and in relation with a supported smartwatch.
Further, Carity offers services from third parties, e.g., personal health coaching sessions, which you may decide to book. You will be informed accordingly about the third-party service provider, and we strongly recommend that you read and accept the terms of use of the services before you decide using these services over Carity.
You hereby understand and agree that Carity AG has no control over these devices, or services and their related terms of use. As a result, Carity AG shall bear no liability with regards to any bug, deficiency, or quality issues affecting these devices or services. Any such claim shall be directly made to the manufacturer respectively provider of the concerned device or service.
Carity focuses in its current version on supporting patients having experiences a myocardial infarction with or without further heart insufficiency consequence, during and after their cardiac rehabilitation and provides value and useful insights as well for the rehabilitation team as well as health coach or healthcare professionals (“HCP”) acting after the rehabilitation.
Carity is suitable for HCP and health coaches willing to receive reporting on patients' adherence and workout progress in order to provide insights into the patient’s program-related actions and the effects of such actions. Such insights shall serve the HCP to better define the need for further examinations, which would be the basis of any medical decision. Such insights shall serve the health coach to better engage in the exchange with the patient and eventually to recommend patient to seek medical advice.
By using Carity, you warrant that you have read and agreed to these Terms of Use, and you accept the following intended use of Carity :
Carity is a digital adjunct to a patient cardiac rehabilitation program. It collects patients’ psychological, exercise performance and heart fitness data using input from questionnaires or provided by supported consumer wearables;
Carity uses collected data to compile and track rehabilitation progress against set targets and enables regular monitoring of psychological, exercise performance and heart fitness status and progress to support a follow-up consultation by healthcare professionals (“HCP”) and / or health coaches;
Carity is intended to be used for a single patient and is recommended and onboarded during the rehabilitation program by the rehabilitation team at the center;
Carity is intended to be used by healthcare professionals in the form of receiving dedicated adherence reports of the treated patient to supporting follow-up consultations subject to your prior consent to share such data with the chosen healthcare professional;
Carity is intended to receive information from supported consumer wearables or to collect via its interface additional, supplementary patient- and health-related information and to compile such information into adherence reporting to be sent to HCP or progress indicator shown on its interface; and
Carity does not compute any data on a dedicated Carity Support API. All data compilation happens locally on the patient’s mobile device.
Carity is a Class I software as a medical device with a pending CH-MD declaration of conformity;
Carity is not a permanent live-streaming monitoring system, neither it provides any dashboard to collect permanent data for HCP use outside of Carity;
Carity is not an emergency system, as collected data may be delayed and do not represent an instant monitoring of the patient, neither the patient is able to use the app for any emergency call or signals to the HCP;
Carity’s reporting does not replace the HCP’s responsibility to examine and assess the patient prior any medical decision, nor the app provides any guidance to the HCP for any medical decision;
Carity shall not be used as primary prevention health tool downloaded and introduced by the patient itself. It cannot be used a first time without at least a prior HCP recommendation;
Carity may be impacted in its accuracy by patients having experiences of Arrhythmia and may only be used for these patients upon HCP discretion;
Carity has generally not yet been tested for patients outside of the indications and use cases described above. Further, it has not yet been proven that Carity has a therapeutic benefit, i.e. you will not make any claim for any health improvement by using the Carity;
Carity does not provide any medical advice on its own, neither it offers an automated coaching service; and
The use of Carity may be associated with certain residual risks, which are listed in the Instructions for Use of Carity which can be found in the App. By agreeing to these Terms of Use, you accept such risks and hold Carity AG harmless for any consequence of such risks.
By using Carity, you warrant that having agreed to these Terms of Use, you will not undertake any of the following:
Modify, copy, create derivative works from, decompile, or reverse engineer Carity or any materials and software contained in the App;
Remove copyright or other proprietary notices of Carity or of materials and software contained in the App;
Transfer Carity or the related materials to another person or mirror the materials and/or data on another server;
Knowingly or negligently use Carity or related services in a manner that abuses or interferes with Carity AG’s networks or other;
Use Carity or the related services to transmit or post any harassing, indecent, obscene, fraudulent, or unlawful material;
Use Carity or the related services in violation of any applicable laws or regulations;
Use Carity to send unauthorized advertising or spam;
Collect or retrieve user data without the user's consent; and
Use Carity or the related services in a manner that may infringe the privacy, intellectual property, or other rights of any third party.
Access to and use of the App is free of charge. Services provided over the App by Carity AG, and its partnered providers may be subject to paid subscriptions.
Detailed information on the offered services and the subscription process are provided in the App. All services offered by Carity AG or via Carity by third-party providers are clearly indicated in due time in the App.
All rights, title, and interest in the usage of Carity and its App, including intellectual property rights, are owned by or licensed to Carity AG.
You may download the App on your mobile device to view, use and display the application on your mobile device for your personal use only.
In entering into these Terms of Use, we hereby grant you a non-exclusive, worldwide limited license to access and use Carity and its App solely in relation to the intended use described above, at the exclusion of any other, for your own and personal use exclusively.
This license shall automatically terminate if you violate any of these restrictions or these Terms of Use, or if you respectively Carity AG decide to stop using respectively providing access to the App at any time.
As a result of such termination, you undertake to delete the App from any device where it has been downloaded.
Further, you are entitled to use all services offered by Carity AG via the App if you pay the applicable subscription and for the period offered by the said service. If you do not pay the aforementioned subscription within the specified period, then you shall lose any usage rights for the related services and Carity AG may at its sole discretion restrict the usage of the services without entitling you to get reimbursed of any prepaid subscription fee.
Herewith you grant to Carity AG the permission to upload and install updates for the App on your device, at no additional cost. In this consideration, you are advised to ensure usage of the latest available version of the App.
In addition, when using the App, so-called analytics modules may run in the background of the App to record your operating and navigation behavior within the App. This process is solely introduced for analytics, research, and development purposes. The data used for that matter are anonymized. By agreeing to the Terms of Use, you grant us permission to perform such collection and analysis.
Carity and the materials in the App are provided "as is". To the fullest extent permissible pursuant to applicable law, Carity AG makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, therapeutic value, or non-infringement of intellectual property or other violation of rights.
In no event will Carity AG or its suppliers or partners to the largest extent admitted under applicable law be liable for any damages to you or any third party arising out of the use or inability to use Carity, or any other services or materials provided by Carity AG, even if Carity AG or an authorized representative has been advised orally or in writing of the possibility of such damages.
The materials and information provided by Carity are not comprehensive and are provided for general information purposes only. To the extent permitted by law, Carity AG does not warrant the accuracy, likely results, or reliability of the use of the materials in Carity or on linked resources.
Carity AG has not reviewed all of the sites that may be linked from the App and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Carity AG of the site. Your use of any such linked site is at your own risk and we strongly recommend that you conduct your own research as to the suitability of such sites.
Your access to and use of the App remains valid as long as you keep the App on your mobile device and your license has not been terminated for any reason as defined in section 6.
The duration of use of any service offered via the App by Carity AG or its partner providers depends on the service type and level you have subscribed to. Any service purchase or extension will be enabled through a dedicated process in the App and as applicable on the third-party providers’ sites. If you do not renew, extend or purchase a service prior to the expiration of the ongoing service, then your access to and use of the App shall not be termined but will be restricted to the standard App settings.
Carity AG is entitled to block or terminate your right to use Carity and these Terms of Use with immediate effect if you violate these Terms of Use. In this case, you will be requested to demonstrably delete the App from your mobile device. Such termination shall not entitle you to get reimbursed of any prepaid subscription fee.
You are entitled to discontinue or terminate your use of Carity (device and Carity App) with immediate effect; provided, however, that the termination shall not entitle you to get reimbursed of any prepaid subscription fee. In this case, you shall delete the Carity App from your mobile device.
Any provision of these Terms of Use that is invalid or unenforceable in whole or in part shall be severed or restated to the extent of such invalidity or unenforceability. The validity of the remaining provisions of these Terms of Use shall not be affected thereby.
Your access to and use of Carity requires the collection and processing of certain data.
The collection and processing of such data is subject to our Privacy Policy, which can be found in the App or on the website (www.carity.care) and is an integral part to these Terms of Use.
In general, Carity AG does not collect any personal data and only relate to you through the Carity Participant ID which is attributed to you when you activate any of the Carity AG services provided by the App.
However in certain circumstances, Carity AG may have access to your personal data (as defined in the Privacy Policy) meant to manage your subscription with us, thus for administrative and technical support purposes. Carity AG undertakes to keep these data segregated from any health data resulting from your access to and use of Carity for the intended use at any and all time, so as to ensure a strict access control of these data only on a duly documented “need to know” basis.
You are hereby prohibited to assign the agreement you have with Carity AG, your subscription, access, and use of Carity to any third party.
Any sale or transfer of the mobile device upon which the App was downloaded should be subject to the prior deletion of the App from your device and may be downloaded on your replacing. Such replacement shall however not entitle you to terminate your subscription and get reimbursed.
These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland. You irrevocably submit to the exclusive jurisdiction of the courts of St. Gallen.
In case of problems, questions or suggestions please contact Carity AG.
Contact information:
Carity AG
Herbergstrasse 16
9524 Zuzwil, Switzerland
E-Mail: feedback@carity.care
Phone: +41 71 561 00 78
BY USING CARITY, I.E. THE CARITY APP YOU AUTOMATICALLY GIVE YOUR CONSENT TO THESE TERMS OF USE. IN THAT CASE, YOU CONFIRM THAT YOU HAVE BEEN SUFFICIENTLY INFORMED BY CARITY AG ABOUT THESE TERMS.
