Terms & Conditions and Privacy Policy

Version: 29/1/2024

These terms of use (as amended from time to time, the “Terms“) together with any supplemental rules and regulations, such as the Privacy Policy, govern your access to and use of the services available on the website (the “dacadoo Website“) operated by dacadoo AG, Othmarstrasse 8, 8008 Zurich, Switzerland (“dacadoo“).
By accessing the dacadoo Website or using our services you agree to accept and be bound by the current version of these Terms. In case you do not agree to the current version of these Terms, you are not authorized to continue accessing the dacadoo Website or using our services.

We may revise these Terms from time to time. The most current version will be available on our dacadoo Website. The revised Terms shall become effective from the date of publication on the dacadoo Website. Should these changes be substantial and where required by applicable law, we will provide you with notice (by email or by publication on the dacadoo Website) and/or obtain your consent.

You declare being a person entitled to enter into legally binding agreements (e.g., you are of age, not mentally unable, and not under guardianship) with dacadoo and are not a person barred from accessing the dacadoo Website according to the applicable law. The dacadoo Website is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the dacadoo Website is prohibited. Persons to whom such restrictions apply must not access the dacadoo Website. If you choose to access the dacadoo Website, you are solely responsible for compliance with any applicable local laws which pertain to you.

Not a medical device

Our dacadoo Website provides you with information on our various health, wellbeing, and similar solutions (collectively the “Information“.) Our solutions are not medical devices and shall not be used for medical purposes (such as diagnostic, monitoring, prediction of a disease). The Information generated by dacadoo is for information purposes only.

Use of the dacadoo Website

The form and nature of the dacadoo Website may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating the dacadoo Website or any features within the dacadoo Website towards you or towards users generally and may not be able to provide you with prior notice.

We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information. We also reserve the right to access, read, preserve and disclose any personal data to the extent we reasonably believe it is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigations of a potential violation thereof, (iii) detect, prevent or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or to (v) protect the rights, property or safety of dacadoo, its users and the public.

Unlawful Use – You shall not use the dacadoo Website or any Information provided for any unlawful purposes or in furtherance of any illegal activities. International users are required to comply with all applicable local laws regarding online conduct and acceptable content.

Unauthorized Access – You shall not do any of the following while accessing or using the dacadoo Website: (i) access, tamper with or use non-public areas of the dacadoo, dacadoo computer systems or the technical delivery systems of our providers; (ii) probe, scan or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) attempt to access or search the dacadoo Website or any data by any means (automated or otherwise) other than through our currently available, published interfaces; or (iv) interfere with or disrupt, or attempt to do so, the access of any user, host or network.

No Reproduction – You shall not reproduce, duplicate, copy, sell, trade, or resell the dacadoo Website content and its design and look or any Information derived from the dacadoo Website. You are not entitled to modify or redistribute the dacadoo Website content and its design and look or any Information or to reproduce, store, link, frame or deep-link it on any other dacadoo Website or in any other medium or format without our prior written consent. Further, you shall not use the dacadoo Website for commercial exploitation in any circumstances.

No Malware – You shall not provide any malicious content intended to damage or disrupt another user’s browser or computer or to compromise a user’s privacy.
Copyright and/or other intellectual property rights

All copyright, database right, patent, other intellectual property right, title and interest in and to the dacadoo Website and any Information (excluding the personal data provided by the users of the dacadoo Website) are and will remain the exclusive property of dacadoo and its licensors. The elements of the dacadoo Website, including but not limited to the general design and the imagery, and any Information are protected by copyright, trademark, patent, and other laws relating to intellectual property rights of both Switzerland and foreign countries.

Nothing in these Terms gives you a right to use the dacadoo name or any of dacadoo’s trademarks, logos, domain names and other distinctive brand features. You are not entitled to use the content of the dacadoo Website for commercial exploitation in any circumstances. In case you breach the terms of this provision, dacadoo will have the right to claim damages against you which shall include the right to claim special, incidental, consequential, or indirect damages and loss of profits.

No liability

Whilst we endeavour to ensure the accuracy of the Information, neither dacadoo nor any of its directors, officers, employees, agents, partners, affiliates, and licensors may be held responsible for any omissions or errors of the Information or for any loss or damages which may subsequently arise.

Any data transmitted via the dacadoo Website will pass over public telecommunications networks. Although dacadoo uses industry standard encryption technologies, dacadoo does not give any warranty or undertaking and does not make any representation that the operation of the dacadoo Website will be secure, uninterrupted or error free.

The dacadoo Website may contain links to third-party websites or materials supplied by or contained on any third-party websites which is linked from or to the dacadoo Website. dacadoo does not accept any responsibility or liability for: (i) the availability or accuracy of such websites or materials or (ii) the content, products, or services on or available from such websites or materials. Links to such websites or materials do not imply any endorsement by dacadoo of such websites or materials or the content, products, or services available from such websites or materials. You acknowledge sole responsibility for and assume all risks arising from your use of any such websites or materials.

dacadoo provides the content of the dacadoo Website and any Information in good faith, but your access to and use of the dacadoo Website is at your own risk. dacadoo operates the dacadoo Website on an “as is” and “as available” basis without warranty of any kind, whether express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement of any copyrights, database rights, patents, trademarks or any other intellectual property rights in the jurisdiction in which you access and/or use the dacadoo Website. dacadoo gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the dacadoo Website or that the Information is of satisfactory quality, up to date or free from viruses, trojans or other harmful or malicious programs. dacadoo will not be responsible or liable for any harm to your computer system, loss of data or other harm resulting from your access to or use of the dacadoo Website or for the deletion of, or the failure to store or to transmit, any data or Information and other communications. dacadoo makes no warranty that the dacadoo Website will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from dacadoo or the dacadoo Website, shall create any implied warranty.

dacadoo and its directors, officers, employees, agents, partners, affiliates, and licensors shall in no way be responsible for any decisions you may make based on the use of dacadoo Website and/or the Information including but not limited to whether or not you choose to seek professional medical care or treatment. You hereby waive any claim you may have or acquire against dacadoo or any of its directors, officers, employees, agents, partners, affiliates, and licensors and indemnify and hold dacadoo or any of its directors, officers, employees, agents, partners, affiliates, and licensors harmless from any claims, proceedings, costs, special, incidental, consequential, or indirect damages and loss of profits relating to your use of the Information.

General terms

The failure of dacadoo to enforce any right or provision of these Terms shall not be deemed to be a waiver of such right or provision.These Terms, together with any supplemental rules and regulations, such as the Privacy Policy, are the entire and exclusive agreement between dacadoo and you regarding the use of the dacadoo Website, and shall supersede and replace any prior agreements between dacadoo and you regarding the use of the dacadoo Website. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms shall remain in full force and effect.

To the maximum extent permitted by applicable laws, dacadoo and its directors, officers, employees, agents, partners, affiliates and licensors shall not be liable for any losses or direct, indirect, incidental, special, consequential or punitive damages, including without limitation loss of profits, data, use, good-will, or other intangible losses, resulting from (i) your access/ use, or inability to access/ use the dacadoo Website, (ii) the use of any Information; and (iii) any unauthorized access, use or alteration of your transmissions of data, in each case however they may arise and whether based on contract, tort or any other legal basis, whether or not foreseeable and irrespective of whether dacadoo has been informed in advance about the possibility of such damage. To the maximum extent permitted by applicable laws, these Terms, and the use of the dacadoo Website shall in all respects be governed by Swiss substantive law. Any dispute arising out of or in connection with these Terms and/or the use of the dacadoo Website shall be subject to the exclusive jurisdiction of the courts of Zurich, Switzerland, and you consent to such jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.