Terms of Service (Switzerland)
Effective date: 26 August 2025
These Terms govern access to and use of Vite Clinic’s service by clinics and their authorized staff. By signing up, clicking “Start trial,” or using the service, you agree to these Terms.
1) The service
Vite Clinic provides an AI-assisted virtual receptionist that answers calls, understands intent, books or routes appointments, and produces analytics and (optionally) recordings/transcripts. The service is not a medical device and does not provide medical advice or emergency triage.
2) Who may use the service
- You must be a legally established organization in Switzerland (or serving Swiss patients) and at least 18 years old to accept these Terms.
- You are responsible for your account, users, and configurations (e.g., recording settings, announcements, routing rules).
3) Your responsibilities
- Lawful use. You will use the service in compliance with Swiss law, professional secrecy, and telecom rules.
- Notices & consent. If you enable recording/transcription, you must ensure callers are informed in advance and that your use complies with applicable law (we provide configurable disclosures).
- Controller obligations. You are the Controller for patient data; you will provide privacy notices to your patients and honor data subject requests.
- Content. You are responsible for the content of prompts, call flows, and any custom instructions you provide.
- Access & security. Keep credentials secure, apply least-privilege to staff, and notify us immediately of unauthorized access.
4) Our responsibilities
- Processor role. For patient call data, we process solely on your documented instructions under our Data Processing Addendum (DPA).
- Security. We maintain appropriate technical and organizational measures and vet sub-processors by contract.
- Availability. We aim for high availability but do not guarantee uninterrupted service; telecom carriers and upstream clouds can affect call quality and uptime.
5) Sub-processors & telecom carriers
You authorize our use of sub-processors and telecom carriers to deliver the service. We will maintain an up-to-date public list and provide notice of material changes. You may object on reasonable grounds; if unresolved, you may terminate the affected service component.
6) Fees & trials
Trials are free during the stated period. Paid plans, if any, are invoiced per the order form or online plan (recurring subscription). Prices exclude taxes. Unpaid or overdue amounts may lead to suspension.
7) Acceptable use
You will not:
- use the service for unlawful, harmful, deceptive or spam activity;
- attempt to reverse engineer or circumvent security;
- overload the service or interfere with other users;
- use the service for regulated emergency dispatch.
8) Intellectual property
We (and our licensors) own the service and its components. You receive a non-exclusive, non-transferable right to use the service during your subscription. You own your data. We may use de-identified, aggregated metrics to improve reliability and performance, never to identify a person or clinic.
9) Confidentiality
Each party will keep the other’s non-public information confidential and use it only to perform under these Terms.
10) Data protection
The DPA forms part of these Terms and governs our processing of patient data, cross-border transfers, sub-processors, security measures, and assistance with data subject requests. Cross-border transfers rely on adequacy decisions, the Swiss–U.S. DPF (for certified providers), and/or standard contractual clauses with a Swiss addendum, as applicable.
11) Warranties & disclaimers
Except as expressly stated, the service is provided “as is.” We do not warrant uninterrupted or error-free operation or that the service will meet your legal obligations (which depend on your configurations and notices). For clinical decisions, you remain responsible.
12) Limitation of liability
To the maximum extent permitted by Swiss law, neither party is liable for: (a) indirect, incidental, special, or consequential damages; or (b) aggregate liability exceeding the fees paid for the affected service in the 12 months before the claim. Nothing limits liability for gross negligence, willful misconduct, or mandatory liability under Swiss law.
13) Term, suspension, termination
These Terms start when you first use the service and continue until terminated. Either party may terminate for material breach after a 30-day cure period, or for convenience on 30 days’ notice after the initial term (if applicable). We may suspend for legal or security reasons or non-payment.
Data on exit. Upon termination, we will provide a reasonable export window and then delete data per the DPA and Section 8 (Retention).
14) Publicity
We will not use your name or logo without your prior consent.
15) Governing law & venue
These Terms are governed by Swiss law (excluding conflict rules). Exclusive venue is the courts of the Canton of [Vaud/Geneva/Zurich], subject to mandatory law.
16) Changes
We may update these Terms; we’ll notify account owners for material changes. Continued use after the effective date constitutes acceptance.
Legal Notice (Impressum)
(Required identity and contact details for electronic commerce in Switzerland.)
Operator: Vite Clinic [SA / Sàrl / SAS] Registered address: [Street, Postcode, City, Switzerland] Commercial Register / UID: [e.g., CHE-xxx.xxx.xxx] Contact: benjamin@viteclinic.com | +41 [xx xxx xx xx]
(For website operators, Swiss law requires clear, complete identity and contact details, including email. Add technical steps to contract conclusion where online purchasing is offered.)