Terms

Version 21.05.2024

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 Health Score and/or Risk Engine API ("HS/RE-API"), operated by dacadoo AG, Othmarstrasse 8, 8008 Zurich, Switzerland ("dacadoo").

By accessing the HS/RE-API or using our services, you, the API user ("API User"), 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 HS/RE-API or using our services.

We may revise these Terms from time to time. The most current version will be available on our HS/RE-API. The revised Terms shall become effective from the date of publication on the HS/RE-API. Should these changes be substantial and where required by applicable law, we will provide you with notice (by email or by publication on the HS/RE-API) 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 HS/RE-API according to the applicable law. The HS/RE-API is not directed to any person to whom (by reason of such person’s nationality, residence or otherwise) the publication or availability of the HS/RE-API is prohibited. Persons to whom such restrictions apply must not access the HS/RE-API. If you choose to access the HS/RE-API, you are solely responsible for compliance with any applicable local laws which pertain to you.

Not a medical device

Our HS/RE-API provides you with the Risk Engine (i.e., health-related mortality and disease risk estimates without performing anamneses or diagnosing specific diseases in order to assist insurance professionals in assessing such risks) and the Health Score (i.e., a number between 0 and 1,000, representing the overall health of a human), (collectively the "Information"). Our HS/RE-API is not a medical device 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. Before following any of the Information, you should consult a medical practitioner to ensure this Information is suitable and relevant for your case. The Information is not intended to substitute the expertise and judgment of any doctor, pharmacist, or other healthcare professionals. Making a reliable medical diagnosis, treating any medical condition, and administering any drug therapy require the involvement of independent informed healthcare professionals. In case of any specific questions regarding the treatment and care of a medical condition, you need to contact your professional healthcare provider.

Use of the HS/RE-API

The API User is granted one (1) royalty-free non-exclusive license to access and use the HS/RE-API ("API License"), to develop, test and connect with websites, applications and/or programs developed, owned, or operated by the API User ("Program") by requesting and receiving information delivered by means of the HS/RE-API ("API Content") for display within the Program.

The API User is not entitled to grant sublicenses and using multiple API Licenses is prohibited.

Access to the HS/RE-API is granted, at dacadoo’s sole discretion, by means of access credentials issued by dacadoo. dacadoo owns all access credentials to the HS/RE-API. The use of such access credentials may be suspended or cancelled at any time.

dacadoo is entitled to monitor and/or audit the Program or activities relating to the use of the HS/RE-API and/or the API Content. The API User will not seek to block or otherwise interfere with the monitoring and/or audit and dacadoo may use technical means to overcome any methods the API User may use to block or interfere with such monitoring. Audits may include requests for documents and information. API User's failure to comply with dacadoo’s efforts to audit API User’s compliance with these Terms shall constitute a material breach thereof. Audit costs shall be borne by API User in case the audit reveals a breach of these Terms by API User.

In particular, dacadoo is entitled to monitor the number of unique user requests or transactions using its proprietary tracking method.

The API User will promptly block any known prohibited use of the HS/RE-API and/or the API Content by a third party and notify dacadoo regarding such prohibited use.

The display of the API Content is only permitted within the Program and the API User is obliged to use the HS/RE-API and the API Content strictly in accordance with these Terms.

The form and nature of the HS/RE-API may change from time to time without prior notice to you. In addition, we may stop permanently or temporarily at any time operating the HS/RE-API or any features within the HS/RE-API towards you or towards API Users generally and may not be able to provide you with prior notice. We also retain the right to create limits on the use storage at our sole discretion at any time without prior notice to you.

We reserve the right at all times (but we will not have an obligation) to remove or refuse to distribute any Information, to terminate API Users, or to reclaim usernames. We also reserve the right to access, read, preserve and disclose any Information or 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 API User support requests, or to (v) protect the rights, property or safety of dacadoo, its API Users and the public. Accounts that are inactive for more than six months may be removed without prior notice.

You are responsible for safeguarding the password that you use to access your account and for any actions taken by using your password. For data security purposes, dacadoo requires you to use “strong” passwords (i.e., passwords combining upper- and lower-case letters, numbers, and symbols). Any liability for any damage arising from your failure to comply with these requirements is excluded. In case you change your email address or forget your password, please contact your account manager.

There are limitations on the use of the HS/RE-API. These limitations comply with legal requirements and aim to protect our API Users from abuse and to make the use of the HS/RE-API the best possible experience for all API Users. We may need to change these rules from time to time and reserve the right to do so. No abuse of our HS/RE-API will be tolerated. Any violation of these rules may lead to a temporary or the permanent suspension of all related accounts. Accounts created to replace suspended accounts will be permanently suspended.

Unlawful Use: You shall not use the HS/RE-API or any Information provided for any unlawful purposes or in furtherance of any illegal activities. International API 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 HS/RE-API: (i) access, tamper with or use non-public areas of the HS/RE-API (except for your own account), 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 HS/RE-API 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 API User, host or network.

Respect for Privacy of Third Parties: You shall not disclose other people’s personal data, including their health, wellbeing, and similar data without their express authorization and permission.

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

No Malware: You shall not provide any malicious content intended to damage or disrupt another API User’s browser or computer or to compromise a API 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 HS/RE-API and any Information (excluding the personal data provided by the API Users of the HS/RE-API) are and will remain the exclusive property of dacadoo and its licensors. The elements of the HS/RE-API, 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 HS/RE-API 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 HS/RE-API 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 HS/RE-API will be secure, uninterrupted or error free.

The HS/RE-API 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 HS/RE-API. 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 HS/RE-API and any Information in good faith, but your access to and use of the HS/RE-API is at your own risk. dacadoo operates the HS/RE-API 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 HS/RE-API. dacadoo gives no warranty or undertaking or representation for the completeness, accuracy, availability, timeliness, security or reliability of the HS/RE-API 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 HS/RE-API 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 HS/RE-API 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 HS/RE-API, 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 HS/RE-API 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 HS/RE-API and shall supersede and replace any prior agreements between dacadoo and you regarding the use of the HS/RE-API. 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 HS/RE-API, (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 HS/RE-API 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 HS/RE-API 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.