Thank you for accessing the Arbrea mobile application.
“You” or “Your” means you personally (i.e. the individual who reads and agrees to be bound by the Terms) or, if You act on behalf of a corporation or other legal entity, collectively, you and such corporation or other legal entity on whose behalf you download, access and use the App.
I. Acceptance of terms
Please read the Terms carefully. By downloading, accessing and/or using the App, You acknowledge and agree to be bound by the Terms. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT DOWNLOAD, ACCESS OR USE THE APP.
If You are acting on behalf of a corporation or other legal entity, You agree to the Terms on their behalf. You represent and warrant that You have the necessary right and authority to bind such entity.
Please note that We may modify the Terms at any time without prior notice. It is Your sole responsibility to review the Terms for any changes. Your continued use of the App after the amendment of the Terms will constitute acceptance of such amendments.
The App provides a virtual representation of a breast augmentation surgery directly on the patient’s body image. The patient is thus able to see the potential results on her own body in real time. In this way, the App aims to facilitate and support the dialogue between surgeons and their patients.
III. Medical services disclaimer
WE ARE NOT A LICENSED MEDICAL CARE PROVIDER AND THE APP IS NOT INTENDED TO REPLACE PROFESSIONAL MEDICAL ADVICE OR DIAGNOSE NOR TO ENDORSE OR WARRANT ANY SPECIFIC SURGICAL OR NON-SURGICAL TECHNIQUES, METHODS, TREATMENTS OR OUTCOMES. THE APP SHOULD ONLY BE USED FOR INFORMATIONAL PURPOSES AND UNDER THE GUIDANCE OF A QUALIFIED PHYSICIAN. THE APP’S FEATURES ARE TO BE USED FOR ILLUSTRATIVE PURPOSES ONLY, AS RESULTS OF ACTUAL SURGERY WILL VARY. IF YOU ARE CONSIDERING PLASTIC SURGERY, PLEASE CONSULT WITH A QUALIFIED PHYSICIAN BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS THAT MAY AFFECT YOUR BODY AND HEALTH.
To use the App, You must be at least 18 years old. By downloading the App, You represent and warrant that You are at least 18 years of age. You are solely responsible for ensuring that Your use of the App is in compliance with all laws, rules and regulations applicable to You. ANY USE OF OUR SERVICES THAT CONFLICTS WITH ANY APPLICABLE LAW, RULE OR REGULATION IS STRICTLY PROHIBITED.
V. License to the App
You acknowledge that Arbrea is the sole owner of the App, which is licensed to You and not sold. You have only the limited rights expressly granted in the Terms. Any right not expressly granted by Us hereunder is reserved.
For the agreed upon duration, against payment of the applicable fees and subject to termination from Our part on the basis of these Terms, We grant You a non-exclusive, non-transferable, non-assignable and non-sublicensable right to install, run and use the App (the “License“) only in compliance with the Terms, for a private use or for Your internal business purposes.
Use, reproduction, modification, distribution or storage of the App for other purposes is expressly prohibited.
You agree to use the App in compliance with all applicable laws, including local laws of the country or region in which You reside or in which You download or use the App.
In addition, You will not and will not allow any third party to:
- resell, rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the App;
- modify, reverse engineer, decompile or disassemble the App;
- copy, adapt, alter, modify, translate, or create derivative works of the App;
- permit other individuals to use the App, including but not limited to shared use via a network connection, except under the terms of this Agreement;
- circumvent or disable any technological features or measures in the App for protection of intellectual property rights;
- use the App in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction;
- use or access the App to compile data in a manner that is used or usable by a competitive product or service;
- use the App to engage in any illegal conduct; or
- upload any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit or in any way affect the functionality of the App.
Any such forbidden use shall immediately terminate Your License.
VI. Your Content
The App might allow You to create pictures, video and other types of content belonging to You and/or to Your patients (the “User Content“).
You remain the owner of Your User Content. We claim no ownership over the User Content You may create through accessing and/or using the App. You – or Your patients – will retain all title, right and interest in and to the User content.
We do not have access on the User Content. Such content is stored locally on Your device. It is not uploaded and stored on the App or on any cloud based storage solution.
By creating the User Content, You acknowledge and agree that: (i) You will evaluate and bear all risks associated with Your content; (ii) the User Content You create does not violate any norm, contractual obligation or third-party rights, especially patients’ personality rights; (iii) you will use the User Content in compliance with all laws, regulations and guidelines applicable to the User Content and to You; and (iv) under no circumstances will Arbrea be liable in any way for Your content or for any use you make of it.
The App might allow you to share User Content with third parties (e.g. patients). If you decide to share data you acknowledge that: (i) the data is leaving your device; (ii) the data transmission might not be secure or encrypted (e.g. E-Mail); (iii) under no circumstances will Arbrea be liable in any way for the use of your data by recipients.
VII. Price and Payment
Our plans and the rates related thereto are detailed in the Apple App Store.
When You subscribe to a paid plan, You accept to pay the corresponding price (the “Subscription Price“). Payments shall be made in advance via Our payment service provider (e.g. the Apple App Store) by credit card or other payment options available to You therein. The Subscription Price are exclusive of any taxes, customs or charges (including VAT).
If Our payment service provider is unable to receive Your payment, for any reason whatsoever (technical problem, lack of funds, etc.), We reserve the right to terminate Your subscription.
When Your subscription period expires, it is automatically renewed, with the same Subscription Price, for the same contractual period, unless You terminate Your subscription prior to the expiration of Your current contractual period.
You may terminate Your subscription at any time through Your device settings. Should an ongoing subscription be terminated, no refund will be made for the period prior to the end of the original contractual period.
We reserve the right to change Our Subscription Prices or subscription offers at any time and without prior notice.
VIII. Ownership and intellectual property rights
Except for User Content, the App (including without limitation any analytics derived from its use) is the property of Arbrea and is protected from unauthorized copying and dissemination.
Nothing in the Terms gives You a right to use the Arbrea names, trademarks, logos, domain names and other distinctive brand features without Arbrea’s prior written consent.
IX. Basic support
As part of Your License, You are granted basic support which includes e-mail support (access to Our expert support team via e-mail at firstname.lastname@example.org.
We will investigate promptly any questions or problems related to the App You may have, provided that adequate information is delivered to Us. For the sake of clarity, We do not provide guaranteed response time, but undertakes to make good faith efforts to answer support requests within 48 (forthy-eight) hours during workweek, excluding holidays.
Certain operations recommended by Us in answer to Your support request may compromise the integrity of the User Content. You are solely responsible for providing adequate and complete back-up of Your User Content at all times and We shall assume no liability in case of loss in the integrity for any reason whatsoever.
Our undertaking to provide support is contingent upon Your proper use of the App and full compliance with the Terms.
X. Exclusion of warranty
The use of the App is at Your own risk.
The App is offered “as it is” and “as it is available”. Consequently, We do not offer any guarantee related to it. We especially do not guarantee that (i) it will meet Your requirements ; (ii) its content is exhaustive, exact, accurate, reliable, updated and does not transgress the right of third parties ; (iii) the access to it will not suffer any interruption or is error-free, nor that they are virus-free ; (iv) its defects will be corrected; (v) it is secured; or (vi) that any advice or opinion that it may include is exact and reliable.
You acknowledge, in particular, that the App is not intended to match or serve the same purpose as a medical or scientific device. We do not guarantee a realistic visualization of a potential surgery outcome and shall not be liable for poor visual performance of the App. Changes may occur in the color rendering and/or the position of the breasts in the visualizations rendered by the App when You access a patent’s file or install a new version of the App.
XI. Exclusion of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY LIABILITY ON OUR PART AND/OR ON OUR OFFICERS’, DIRECTORS’, EMPLOYEES’, AGENTS’, LICENSORS’ AND SUPPLIERS’ PART, THAT MAY RESULT FROM YOUR DOWNLOAD AND/OR ACCESS TO – AND/OR YOUR USE OF – OUR SERVICE IS EXCLUDED.
AS A PREREQUISITE TO YOUR USE OF OUR APP, YOU COMMIT YOURSELF TO DEFEND, INDEMNIFY, AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SUPPLIERS, HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES AND COURT COSTS), THAT MIGHT RESULT FROM YOUR DOWNLOAD AND/OR ACCESS TO – AND/OR YOUR USE OF – OUR APP .
XII. Third Party Services
The App may give you access to links to third-party websites, apps, or other products or services (the “Third Party Services”). We do not control Third Party Services in any manner and, accordingly, do not assume any liability associated with such Third Party Services. You need to take appropriate steps to determine whether accessing a Third Party Service is appropriate, and to protect Your personal information and privacy in using any such Third Party Services.
- Apple’s specific conditions
By obtaining Our App through the Apple App Store and using Our App via a device provided by Apple, the following shall apply:
- You acknowledge that the Terms are concluded between You and Us only (and not with Apple). Apple is released from any liability related to Our App and the content thereof. In case of discrepancies between the provision of these Terms and the ones of the Apple Media Services Terms and Conditions related to how You should use Our App, the latter shall prevail.
- Any question or claim related to Our App must be sent directly to: Arbrea-Labs AG, Technoparkstrasse 1, CH-8005 Zurich, Switzerland, email@example.com.
- The Terms grant you with a license to use Our App on any Apple product that You own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to Our App.
- In the event of any failure of Our App to conform to any applicable warranty, you may notify Apple to request reimbursement. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to our App, and no other claim, loss, liability, damage, cost or expense attributable to any failure to conform to any warranty can be required from Apple.
- In particular, Apple is released from any liability related to our App, including, but not limited to: (i) product liability claims; (ii) any claim that Our App fail to conform to any applicable legal or regulatory requirement; or (iii) claims arising under consumer protection, data protection or similar legislation.
- Apple is released from any liability related to the infringement by Our App of third-party intellectual property rights.
- You represent and warrant that (i) You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using Our App.
- You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof
If You provide Arbrea with any suggestions, comments or other feedback relating to any aspect of the App (the “Feedback“), You agree that Arbrea may use such Feeback as follows:
- Arbrea is not subject to any confidentiality obligations in respect to the Feedback;
- the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Arbrea;
- Arbrea (including all of its successors and assignees and any successors and assignees of any of the Arbrea Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any of its commercial offerings, and
- You are not entitled to receive any compensation or reimbursement of any kind from Us in respect of the Feedback.
We may without prior notice immediately terminate Your License in case :
- You breach or violate the Terms and/or any Additional Term You may have with Us or Apple Media Services Terms;
- We are requested to do so by law enforcement or other government agencies;
- of unexpected technical, security or legal issues or problems;
- You participate, directly or indirectly, in fraudulent or illegal activities or
- You become insolvent or are unable to meet your debts.
The termination of Your License may result in a loss of access to Your User Content. You acknowledge and agree that Arbrea may terminate Your License at its sole discretion according to the Terms and that Arbrea shall not be liable to You or any third party for termination of Your access or for the removal of any User Content.
XVI. Changes to the App
The App is constantly being further developed. From time to time and without prior notice to You, We may change or expand the App. We recommend You to install any new App release as soon as it is available in the App Store.
We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle You to the continued provision or availability of the App. Any modification or elimination of the App or any particular features will be done in Our sole and absolute discretion and without an ongoing obligation or liability to You.
The Terms constitute the entire agreement between You and Us concerning Your access to – and the usage of – Our App.
Upon termination, all provisions of the Terms, which, by their nature, shall survive termination, will do so, including, without limitation, ownership provisions, warranty disclaimers and limitations of liability.
Should a provision of the Terms contradict applicable imperative law, it shall be dissociated from the Terms. The nullity of such provision will not affect the validity of the remaining parts of the concerned provision or of the other provisions of the Terms. Should a provision of the Terms be ineffective, totally or in part, it shall be replaced by a provision that produces the closest economic and legal effects.
Unlike Us, You are not allowed to transfer, assign or sublicense to third parties the rights and obligations which are Yours according to the Terms.
Our failure to exercise or enforce any right or provision under these Terms shall not constitute a waiver of such right or provision.
XVIII. Jurisdiction and applicable law
The Terms shall be governed by substantive Swiss law, to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
The courts of Zurich shall have exclusive jurisdiction to adjudicate any dispute arising under the Terms.
XIX. Contact Information
If You have any questions or comments about the App or the Terms, please contact Us via e-mail at firstname.lastname@example.org or by physical mail at:
Arbrea Labs AG
All rights to the Terms belong to their author. Any reproduction, without previous license, is strictly prohibited.
Version effective as of 15/10/2020