General Terms and Conditions (Terms of Use)

The provider of the platform made available via the website (www.aheadhealth.com/de/de) and of the services described below is Ahead Health AG, Uraniastrasse 31, 8001 Zürich, Switzerland (UID: CHE-213.692.684), hereinafter “Ahead”, “we” or “us”.

Contact

Ahead Health AG
Uraniastrasse 31
8001 Zürich, Switzerland
UID: CHE-213.692.684
Email: get@aheadhealth.com
Phone: +41 44 797 69 46
Data protection enquiries: privacy@aheadhealth.com

Representative in the EU pursuant to Art. 27 GDPR

IT.LAW GmbH, Colmanstr. 15, 53115 Bonn, Germany (info@it.law).

§ 1 Scope, contracting parties and definitions

(1) These Terms of Use (hereinafter also the “Terms”) govern the contractual relationship between Ahead and the natural person who books preventive medical check-up services via our platform and uses our services (hereinafter the “Customer”; the feminine form applies irrespective of gender). They govern in particular the provision of the platform, appointment coordination, the medical preliminary and follow-up consultation and the preparation of the health report by Ahead. They apply to consumers within the meaning of § 13 BGB (German Civil Code) resident in Germany.

(2) The subject matter of these Terms of Use is the services of Ahead (§ 2), including the processing of payment. The treatment contract for the physical examination (e.g. blood draw, MRI) is concluded between the Customer and the German partner practice; in this respect, the partner practice's terms additionally apply. There are therefore two legally separate contracts; only the payment is bundled via Ahead (§ 6).

(3) “Partner practice” means the medical facility or the laboratory established in Germany that performs the physical examination and with which Ahead cooperates. “Health report” means the preparation by Ahead, in terms understandable to laypersons, of the findings collected by the partner practice.

(4) Deviating or conflicting terms of the Customer do not become part of the contract unless Ahead expressly agrees to their validity in text form.

§ 2 Services of Ahead; role as platform operator

(1) Depending on the scope booked, Ahead provides the following non-physical services:

• Provision of the booking platform, the platform or Ahead app, and the health report;
• Coordination of the examination appointment at a German partner practice;
• Medical preliminary and follow-up consultation by video call;
• Processing of the payment, including the collection of the partner practice's fee in its name and for its account (§ 6);
• Receipt of the findings collected by the partner practice and their structured preparation, in terms understandable to laypersons, in an individual health report with general health information and indications of possible next steps.

(2) Ahead is a platform and technology provider and an organisational interface. Ahead is not a treating provider and does not itself perform any physical medical examinations. The physical examination (in particular blood draw and MRI) is performed exclusively by the German partner practice as the treating provider within the meaning of § 630a BGB; the partner practice is solely responsible for its performance, the medical collection of findings and for providing information on the risks and notes associated with the examination (e.g. MRI suitability, contrast agent, blood draw). The collection of the fee (§ 6) does not make Ahead a treating provider or a party to the treatment contract. These Terms do not establish any partnership, joint venture, agency or employment relationship.

(3) Nature of the health report. The health report serves to explain, structure and present in terms understandable to laypersons the findings collected by the partner practice (e.g. linguistic simplification, visual structuring, colour highlighting) and to convey general health information that does not relate to a specific illness of the Customer, as well as general advice on a health-promoting lifestyle. The health report does not contain any independent diagnosis, any medical assessment of Ahead's own or any individual therapy recommendation from Ahead. It does not constitute medical treatment in an individual case and does not replace a visit to a doctor. An individual medical interpretation of the findings is carried out, where offered, exclusively by licensed or registered doctors or by the partner practice.

(4) Ahead endeavours to ensure that the platform and the app are available with as few interruptions as possible, but does not owe uninterrupted availability.

(5) Ahead's medical services (preliminary and follow-up consultation) are provided exclusively by doctors licensed in Switzerland at Ahead's Swiss practice location (“correspondence service”). They are subject to Swiss law on the medical profession and on professional secrecy (in particular Art. 321 StGB-CH, MedBG). The use of means of distance communication (telephone/video) does not change this.

§ 3 Conclusion of the contract

(1) By submitting the booking via the platform, the Customer makes a binding offer to conclude a contract for the services of Ahead.

(2) The contract with Ahead is concluded upon receipt of the booking confirmation in text form (e.g. email).

(3) The treatment contract with the German partner practice is concluded separately, usually upon confirmation or attendance of the examination appointment at the partner practice. Ahead does not conclude this contract in its own name and acquires neither rights nor obligations under it.

§ 4 User account and access requirements

(1) The services are aimed at persons who are at least 18 years old and have unrestricted legal capacity. When creating the user account, the Customer confirms that she meets these conditions.

(2) The Customer keeps her access data secret and informs Ahead without undue delay of any unauthorised use of her account. Ahead may block the account in the event of a well-founded suspicion of misuse.

(3) When registering and booking, the Customer provides accurate, complete and up-to-date information and updates it in the event of changes, either directly in the platform or via get@aheadhealth.com.

§ 5 Customer's obligations to cooperate

The Customer undertakes in particular

• to provide truthful and complete information in the health questionnaire,
• to comply with the agreed preparation instructions communicated with the partner practice and by Ahead,
• Before an MRI examination, the Customer truthfully informs the partner practice of all safety-relevant circumstances, in particular pacemakers, defibrillators or other implanted electronic devices, metallic implants and impaired kidney function. The final assessment of suitability for the examination lies with the partner practice,
• to give the consents required for the provision of the services (release from medical confidentiality and consent to the processing of health data, § 10),
• The Customer only transmits such information and documents as she is authorised to pass on, and
• to attend agreed appointments or to cancel them in good time (§ 7).

§ 6 Prices, payment and invoicing

(1) Total price and advance payment (prepayment). The total price for the booked check-up service is displayed transparently before the conclusion of the contract and is payable to Ahead in advance (prepayment) as part of the booking process via the specified payment service provider. Any total price displayed is non-binding, as the medical examination is invoiced by the partner practice in accordance with the Scale of Fees for Physicians (GOÄ); the partner practice's GOÄ invoice is decisive.

(2) Collection in the name and for the account of the partner practice. The medical services are provided by the partner practice as the treating provider and invoiced in accordance with the GOÄ. Ahead collects the partner practice's fee in its name and for its account. Upon full payment of the total price to Ahead, the partner practice's fee claims against the Customer are fully satisfied.

(3) Prices and VAT. All prices for Ahead's service are stated in euros and include any applicable statutory VAT.

(4) Service on request. The check-up examinations are generally not medically necessary and are provided exclusively at the express request of the Customer as a private medical service requested by the patient (service on request pursuant to § 1 para. 2 sentence 2 GOÄ). The Customer confirms this before the conclusion of the contract by means of a separate declaration in the booking process and is informed beforehand, in an understandable manner, of the expected total costs.

(5) Fee agreement. Any agreement on fee multipliers deviating from the GOÄ (§ 2 GOÄ) is, where required, concluded exclusively in writing and in a personal conversation with the treating doctor before the examination; this is not possible via the Ahead platform.

(6) Self-pay notice (§ 630c para. 3 BGB). The services are not necessarily reimbursed by statutory or private health insurance. Reimbursement by a private health insurance is possible, but is not promised or guaranteed. The Customer bears the costs herself.

(7) Price changes do not affect bookings that have already been confirmed.

§ 7 Appointments, cancellation and rebooking

(1) An appointment is only deemed confirmed upon receipt of the booking or appointment confirmation.

(2) The Customer may cancel or rebook the appointment coordinated via Ahead free of charge up to 48 hours before the scheduled time by contacting Ahead (contact: booking@aheadhealth.com). The partner practice's terms may additionally apply to the cancellation of the treatment appointment.

(3) In the event of cancellations less than 48 hours before the appointment or of non-attendance, a reasonable cancellation fee may be charged, the amount of which is stated before booking. The Customer remains entitled to prove that no damage or less damage was incurred. The right of withdrawal under § 8 remains unaffected.

(4) If the partner practice has to cancel or postpone an appointment for reasons for which it is responsible, Ahead will assist with rebooking. Ahead is liable for the Customer's expenses arising from such cancellations by the partner practice only in accordance with § 9.

(5) The Customer's statutory rights, in particular the right of withdrawal (§ 8), remain unaffected.

§ 8 Right of withdrawal for consumers

8.1 Withdrawal notice

You have the right to withdraw from the contract concluded with Ahead within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform us (Ahead Health AG, Uraniastrasse 31, 8001 Zürich, Switzerland; email: get@aheadhealth.com) of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the model withdrawal form attached below for this purpose, but this is not mandatory. To meet the withdrawal period, it is sufficient that you send the communication concerning the exercise of the right of withdrawal in good time.

8.2 Consequences of withdrawal

In the event of an effective withdrawal, we will reimburse you all payments that Ahead has received from you (including the total price paid in advance) without undue delay and at the latest within fourteen days from the day on which your notice of withdrawal was received by us. For this repayment, we will use the same means of payment as was used for the original transaction, unless expressly agreed otherwise with you.

8.3 Early expiry / compensation for value

If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount for the service already provided up to the withdrawal. Your right of withdrawal expires early if the service has been provided in full and performance only began after you (a) gave your express consent to this and (b) confirmed your knowledge that you lose your right of withdrawal upon complete performance of the contract. The start of the service is deemed to be the start of the booked examination at the partner practice or the provision of the health report, whichever occurs first.

8.4 Relationship to the treatment contract

This right of withdrawal relates to the contract concluded via the platform. The treatment contract with the partner practice is governed by the statutory and contractual rules applicable there, including any cancellation or late rebooking fees § 7 (2).

Model withdrawal form

(If you want to withdraw from the contract, please complete this form and send it back.)

To: Ahead Health AG, Uraniastrasse 31, 8001 Zürich, Switzerland; email: get@aheadhealth.com

I/We (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service: ______________________
Ordered on (*)/received on (*): ______________________
Name of the consumer(s): ______________________
Address of the consumer(s): ______________________
Date / Signature (only if this form is notified on paper): ______________________

(*) Delete as appropriate.

§ 9 Liability

(1) Ahead is liable without limitation for damage resulting from injury to life, body or health that is based on an intentional or negligent breach of duty by Ahead, and for other damage that is based on intentional or grossly negligent conduct by Ahead.

(2) In the case of simple negligence, Ahead is liable, except in the cases of paragraph 1, only for the breach of a material contractual obligation (cardinal obligation), the fulfilment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, liability is limited to the foreseeable damage typical for the contract.

(3) In all other respects, liability for simple negligence is excluded.

(4) Liability under the Product Liability Act (Produkthaftungsgesetz) and under a guarantee expressly assumed by Ahead remains unaffected.

(5) Ahead is not liable for the (medical) services of the partner practice. The partner practice is an independent contractual partner and treating provider of the Customer; claims in connection with the physical examination and the medical collection of findings must be directed against the partner practice. This also applies where Ahead collects the partner practice's fee (§ 6).

(6) Insofar as Ahead's liability is excluded or limited, this also applies to the personal liability of Ahead's corporate bodies, employees and vicarious agents.

§ 10 Data protection and release from medical confidentiality

(1) Details on the processing of personal data can be found in our privacy policy, available at https://www.aheadhealth.com/de/de/privacy.

(2) In the booking process, the Customer separately gives:

• her express consent to the processing of her health data by Ahead pursuant to Art. 9(2)(a) GDPR, and
• the release of the German partner practice from medical confidentiality (§ 203 StGB) vis-à-vis Ahead, insofar as this is necessary for the transmission to Ahead of the data required for the provision of the services.

(3) Ahead and the partner practice are each separate controllers within the meaning of Art. 4(7) GDPR for the data processing carried out in their respective areas.

(4) The consents may be revoked at any time with effect for the future. A revocation may result in Ahead no longer being able to provide the service.

(5) As Ahead has its registered office in Switzerland and offers services to persons in Germany, Ahead has appointed a representative in the European Union pursuant to Art. 27 GDPR. The representative in the EU pursuant to Art. 27 GDPR: IT.LAW GmbH, Colmanstr. 15, 53115 Bonn (info@it.law).

§ 11 Intellectual property

(1) All content of the platform and the app (in particular texts, graphics, logos, software and design) is the property of Ahead or licensed to Ahead and is protected by copyright and by other property rights.

(2) Ahead grants the Customer a non-exclusive, non-transferable and revocable licence to use the platform and the app for personal, non-commercial purposes in accordance with these Terms. Any use beyond this requires the prior consent of Ahead in text form.

§ 12 Changes to the services and to the Terms of Use

(1) The version of these Terms of Use in force at the time of the conclusion of the contract applies to the respective booking.

(2) Ahead may amend these Terms of Use with effect for future bookings; the current version in each case is made available on the website.

(3) Ahead may further develop the services insofar as this is reasonable for the Customer and the core of the contractual services is not impaired.

(4) Ahead will inform the Customer of material changes in text form. The changes are deemed approved if the Customer does not object in text form within two weeks of receipt of the notification; Ahead will specifically point this out in the notification. In the event of an objection, each party is entitled to terminate the contract.

§ 13 Term and termination of the user account

(1) The Customer may terminate her user account at any time by contacting Ahead. Payment claims that have already arisen remain unaffected by this.

(2) Ahead may block or terminate access to the services for good cause, in particular in the event of a material breach of these Terms.

(3) Provisions which by their nature are intended to continue to apply (in particular those on intellectual property, liability and applicable law) remain in effect after termination. The Customer's right to access her personal data under applicable law remains unaffected.

§ 14 Applicable law and place of jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the Customer has her habitual residence remain unaffected (Art. 6 Rome I Regulation).

(2) For consumers, the statutory places of jurisdiction apply. If the Customer is a trader, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Ahead (Zürich, Switzerland).

§ 15 Consumer dispute resolution

Ahead is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

§ 16 Final provisions

(1) Should individual provisions of these Terms of Use be or become invalid or unenforceable, the validity of the remaining provisions remains unaffected.

(2) The failure of Ahead to enforce a right or a provision of these Terms of Use shall not be deemed a waiver thereof.

(3) The Customer may transfer rights and obligations under the contract only with the prior written consent of Ahead.

(4) Ahead is not liable for the non-performance or delayed performance of obligations due to force majeure; the statutory rights of the Customer remain unaffected.