BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES OUTLINED IN THE TERMS AND CONDITIONS AND THE APPLICABLE GUIDELINES SET FORTH ON FOR THE MOBILE APP YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS AND THE APPLICABLE GUIDELINES, THEN PLEASE CEASE USING THE SERVICES IMMEDIATELY. ANY ACTIONS YOU TAKE BASED ON CONTENT, NOTIFICATIONS AND OTHERWISE PROVIDED BY THE SERVICE ARE TAKEN AT YOUR SOLE RISK. YOU SHOULD ALWAYS CHECK ANY INFORMATION PROVIDED THROUGH THE SERVICE TO ENSURE ITS ACCURACY

Sawera App (the “App”, “Sawera App”, or “Application”) and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by Sawera Health Foundation, a not for profit company (“Company”, “we”, “us”, “our”). Subscribers, account holders, customers, users, and others who download, access, use, and/or subscribe to the Services (“you”) agree to these Terms and Conditions (the “Terms and Conditions”). These Terms and Conditions govern your use of the Services and are a condition to your use of the Services. 

By using this site, app or related service, you agree to the Terms and Conditions presented here. If you do not agree to these Terms and Conditions, you may not use this app, site or related service. 

Please note that we do reserve the right to change any of these Terms and Conditions at any time, without notice to you. We encourage you to check back here periodically to ensure that you remain informed on the specifics of these Terms and Conditions.

These Terms and Conditions include:

  • Your acknowledgement and agreement that you access our Products and Services only if you are at least 18 years of age.
  • Your acknowledgement and agreement that you should not publish prohibited content.
  • Your agreement that the Services are provided “as is” and without warranty.
  • Your agreement that Company has no liability regarding the Services.
  • Consent that you and Company have the right to compel arbitration. 

Age requirement

BY USING THE SERVICES, YOU AGREE THAT YOU ARE OF AT LEAST 18 YEARS OF AGE, AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF THE JURISDICTION WHERE YOU RESIDE HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS AND CONDITIONS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS AND CONDITIONS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THIS TERMS AND CONDITIONS  FOR THE BENEFIT OF AN INDIVIDUAL UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR. 

Our Services 

Sawera supports families (parents, children themselves, caregivers) to track their schedules, manage their lives better and remain socially connected while caring for children undergoing cancer treatments. To do that, our App has the following core features:

  1. Treatment Calendar / Appointments – Allowing families to manage their individual and medical treatment-related appointments
  2. Medicine reminders – Configure medicine reminders based on provided templates
  3. Personal Notes: Take personal notes along with pictures

To provide our Service, we may need to be able to identify you and your interests. Some of the things we show you are promoted by advertisers. As part of our service, we try to ensure that even promoted content is relevant and interesting to you. You can identify promoted content because it will be clearly labelled.

Use of  Service 

You may use Sawera App only if you can legally form a binding contract with Sawera, and only in compliance with these Terms and all applicable laws. When you create your Sawera account, you must provide us with accurate and complete information. You may only use Sawera if you are over the age at which you can provide consent to data processing under the laws of your country. Using the Sawera app may include downloading web or mobile applications to your computer, phone, tablet, or other devices. You agree that we may automatically update that application, and these Terms and your consent will apply to all updates.

Subject to these Terms and our policies, we grant you an individual, limited, non-exclusive, non-transferable, and revocable license to use our Service.

Your content 

Posting content: Sawera App allows you to manage treatment-related appointments, set medicine reminders, write notes and download pictures. Anything that you upload on the Sawera app is referred to as «User Content.» You retain all rights in and are solely responsible for the User Content you post to Sawera.

How long we keep your content: You can delete content individually or all at once by deleting your account. You can request a copy of your data at any time before deleting your account. When you delete content, it may continue to exist elsewhere on our systems where: 

  • immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it); 
  • where immediate deletion would restrict our ability to: (i) investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems); (ii) comply with a legal obligation, such as the preservation of evidence; or (iii) comply with a request of judicial or administrative authority, law enforcement or a government agency.

Feedback you provide: We value hearing from our users and are always interested in learning about ways we can make Sawera better. If you choose to submit comments, ideas, or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, Sawera doesn’t waive any rights to use similar or related feedback previously known to Sawera, or developed by its employees, or obtained from sources other than you.

  1. You agree not to engage in the conduct described below (or to facilitate or support others in doing so):
  2. You may not use our Products and Services to do or share anything: 
  • That violates these Terms, our standards, and other terms and policies that apply to your use of the Sawera App.
  • That is unlawful, misleading, discriminatory or fraudulent.
  • That exposes someone’s private information when you are not legally allowed to.
  • That contains harassment, threats, defamation, hate speech and/or bullying content against other people, being identifiable or not. 
  • Posts including links of images or videos containing cruelty and/or violence against others, animals, or oneself.
  • Any post planning, coordinating, or executing criminally prohibited activities including fraud and terrorist acts, as well as promoting or inciting others to engage in illegal activities.
  • That infringes or violates someone else’s rights, including their intellectual property rights.
  • That contains viruses or malicious code or anything that could disable, overburden, or impair the proper working or appearance of our Products and Services.

You may not access or collect data from our Products or Services using automated means (without our prior permission) or attempt to access data you do not have permission to access.

We can remove or restrict access to content that violates these provisions.

Modification of Terms and Conditions and/or services

The Company reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms and Conditions at any time and without prior notice. If the Company amends these Terms and Conditions, it will update this posting on the App and specify the effective date of the new version of the Terms and Conditions. Your continued use of the Services following the posting of a new version of the Terms and Conditions shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms and Conditions has been posted each time you use the Services. If the amended Terms and Conditions are not acceptable to you, your only recourse is to cease using the Services.

Privacy

We don’t charge you to use the Sawera App. 

We do not share your personal data to any 3rd party, and information that directly identifies you (such as your name, phone number, email address or other contact information), unless you give us specific permission or it’s in relation to providing this service.

Please refer to the Privacy Policy available here for information and notices about how the Company collects, uses, and shares your personally identifiable information in connection with the Services. You hereby agree to be bound by Company’s Privacy Policy.

Your account

In order to use our Services, you may have to register and create an account with Sawera App. You are responsible for maintaining the confidentiality of any passwords associated with your Sawera account, you agree to monitor all activity under the account and you assume full responsibility for all activities that occur under your account (except as to security breaches caused by the Company). The Company reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.

Ownership and intellectual property rights of the Company

The Services are owned by the Company and are protected by copyright, trademark, and other laws of Switzerland. Except as expressly provided in the Terms and Conditions, the Company exclusively owns or controls all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.

All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by the Company. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by the Company or its third-party licensors without the appropriate owner’s prior written consent.

License to use content

If you download or use our application, you give us permission to download and install updates to the application where available. 

The Company grants you a nonexclusive, non-transferable, revocable, limited license to view, download, copy and print Content retrieved from the Services only for your personal, non-commercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of the Company. All rights not expressly granted in this Terms and Conditions are expressly reserved for the Company.

While we strive to keep the Content accurate, complete, and up-to-date, we cannot and do not guarantee, and are not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by us or our affiliates or by Users. The Company does not have any obligation to pre-screen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements, or other information expressed or made available by Users or third parties, are those of the respective User or other third party and not of the Company. We do not endorse and are not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.

License to use services

As between you and the Company, the Company shall own all title, ownership rights, and intellectual property rights in and to the Services, and any copies or portions thereof. Subject to your compliance with the Terms and Conditions, the Company grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to use the App and to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms and Conditions.

You acknowledge and agree that the availability of the Application and the Services is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Android app stores (“App Store”). You acknowledge that the Terms and Conditions are between you and the Company and not with the App Store or owner thereof. The Company, not the App Store or owner thereof, is solely responsible for the Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In the event of any failure of the Application to conform to any applicable warranty, you may notify the owner of the App Store, and the owner of the App Store may refund the purchase price for the Application to you and to the maximum extent permitted by applicable law, the owner of the App Store will have no other warranty obligation whatsoever with respect to the Application. As between the Company and the owner of the App Store, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Company. 

In order to use the Application, you agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using the Services, including the Application. You acknowledge that the App Store or owner thereof (and its subsidiaries) are third-party beneficiaries of the Terms and Conditions and will have the right to enforce them.

Restrictions on the use of services

Your use of the Services and the related licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:

  • Uploading, publishing, submitting or transmitting any information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person, or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
  • Accessing, tampering with, or use of non-public areas of the App, the Company’s computer systems, or the technical delivery systems of the Company’s providers; Attempting to probe, scan, or test the vulnerability of any Company system or network or breach any security or authentication measures.
  • Avoiding, bypassing, removing, deactivating, impairing, descrambling or otherwise circumventing any technological measure implemented by the Company or its providers or any other third party (including another user) to protect the Services.
  • Attempting to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by the Company or other generally available third party web browsers (such as Microsoft Internet Explorer, Mozilla Firefox, Safari or Opera).
  • Sending any unsolicited or unauthorised advertising, promotional materials, email, junk mail, spam, chain letters or other forms of solicitation.
  • Using any meta tags or other hidden text or metadata utilising a Company trademark, logo, URL or product name.
  • Using the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms and Conditions.
  • Forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way using the Services to send altered, deceptive or false source-identifying information.
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
  • Interfering with, or attempting to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services.
  • Collecting or storing any personally identifiable information from the Services from other users of the Services without their express prior permission.
  • Impersonating or misrepresenting your affiliation with any person or entity.
  • Violating any applicable law or regulation.

We have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Services security issues, to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms and Conditions. You acknowledge that the Company has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms and Conditions, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any content that we, in our sole discretion, consider to be in violation of the Terms and Conditions or otherwise harmful to the Services.

Third party sites / links / ads

The Company does not make any representations or warranties with respect to any content or privacy practices, or otherwise for third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability concerning any loss or damage of any kind incurred as a result of any dealings between you and any third party or as a result of the presence of links or ads of such third parties on the Services.

If there is a dispute between you and any such third party, you understand and agree that the Company shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. 

If you’re a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Disclaimer of warranties

You agree that the use of the services is entirely at your own risk. The services are provided on an “as is” and “as available” basis. 

The company expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, and non-infringement. The company does not make any warranty that the services will meet your requirements, or that access to the services will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The company makes no warranties as to the results that may be obtained from the use of the services or as to the accuracy, quality, or reliability of any information obtained through the services. The company disclaims any warranties for other services or goods received through or advertised on the services or accessed through any links on the services. The company disclaims any warranties for viruses or other harmful components in connection with the services. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

Limitations of liability

Under no circumstances shall the company or any of its affiliated entities be liable for any damages resulting directly or indirectly from any aspect of your use of the App, content, or services. 

You must evaluate, and agree to bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of the services. You specifically acknowledge that the company and its affiliates are not liable for the defamatory, offensive, or illegal conduct of users or third parties. 

Additionally, in no event will the company or any of its affiliated entities be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from:

  • the use of, or the inability to use the services.
  • the cost of procurement of substitute services, items, or App. 
  • unauthorised access to or alteration of your transmissions or data.
  • the statements or conduct of any third party on the services; or 
  • any other matter relating to the services. 

These limitations will apply whether or not the company has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. 

You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between you and the company and that absent such disclaimers, exclusions and limitations of liability, the Terms and Conditions of this Terms and Conditions and your access to the App and services would be substantially different.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless the Company, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys’ fees) directly or indirectly related to (1) your breach of the Terms and Conditions; (2) the User Content you submit, post, or transmit through the Services; or (3) your use of the Services.

Termination and survival

Either party may terminate the Terms and Conditions. After termination, you agree that you shall no longer access or utilize the Services. The provisions of this Terms and Conditions which by their intent or meaning are intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, indemnification and dispute resolution shall survive any termination of these Terms and Conditions and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

Severability

If any provision of the Terms and Conditions is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties intentions as reflected in that provision, and the remaining provisions contained in the Terms and Conditions shall continue in full force and effect.

Dispute resolution

You and Company agree to resolve any disputes between us in accordance with this Section 19. If you believe that Company has not adhered to the Terms and Conditions or you have any dispute with Sawera, please contact Company using the contact information provided below. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably.

Except as provided herein, you and Company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings. Any dispute, controversy or claim arising out of or in relation to this contract, including the validity, invalidity, breach or termination thereof, shall be resolved by arbitration in accordance with the Swiss Rules of International Arbitration of the Swiss Chambers› Arbitration Institution in force on the date on which the Notice of Arbitration is submitted in accordance with these Rules.

  • The number of arbitrators shall be one.
  • The seat of the arbitration shall be Bottmingen
  • The arbitral proceedings shall be conducted in German
  • The dispute shall be decided on the basis of documentary evidence only.

Notwithstanding the above, the parties may agree at any time to submit the dispute to mediation in accordance with the Swiss Rules of Commercial Mediation of the Swiss Chambers› Arbitration Institution.

Neither you nor Company may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Company’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section 19 shall continue in full force and effect. No waiver of any provision of this Section 19 will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms and Conditions. This Section 19 will survive the termination of this Terms and Conditions or your relationship with the Company.

Applicable law and venue

These Terms and Conditions and the resolution of any dispute related to these Terms and Conditions will be governed and interpreted by and under the laws of Basel-Landschaft, Switzerland, without giving effect to any conflicts of laws principles that require the application of the law of a different state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this agreement. 

General terms

Notification procedures and changes to these Terms: We reserve the right to determine the form and means of providing notifications to you, and you agree to receive legal notices electronically if that is what we decide. We may revise these Terms from time to time and the most current version will always be posted on our App. If a revision, at our discretion, is material, we will notify you. By continuing to access or use Sawera after revisions become effective, you agree to be bound by the new Terms. If you do not agree to the new terms, please stop using Sawera.

  • Assignment: These Terms, and any rights and licenses granted hereunder, may not be transferred, or assigned by you, but may be assigned by Sawera without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. If you are a consumer in the UK or EEA, either you or Sawera may assign this Agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Sawera, you are entitled to terminate the agreement with immediate effect by deactivating your account. Sawera will provide you with reasonable notice of any such assignment.
  • Entire agreement/severability: These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Sawera shall constitute the entire agreement between you and Sawera concerning the Service. If any provision of these Terms is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
  • Non waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Sawera’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact information

If you have any questions or concerns with respect to these Terms and Conditions or the Services, you may contact a representative of Sawera Health Foundation at support@sawera.ch.

Effective as of 1st of August  2021

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