Terms of Service

Introduction

The following General Terms and Conditions shallgovern the relationship between KIM Solutions AG and the user (the "User"or "you") of the anesthesia questionnaire website (the "Website")and all related medical services provided by KIM Solutions AG.

The Website is used to collect and processsensitive medical data necessary for the preparation of anesthesia procedures.KIM Solutions AG is committed to treating this data confidentially and incompliance with applicable data protection laws. The collection and use of thisdata is for medical purposes only and with your explicit consent. Data willonly be shared with third parties if necessary for medical treatment orrequired by law. By using the Website, you agree to the processing of yourpersonal and medical data in accordance with our privacy policy.

If you create an account or use the Website, youagree to these terms of use and comply with all applicable laws andregulations. If you do not agree to these terms, you are prohibited fromcontinuing to use the Website or any other services offered by KIM SolutionsAG.

These terms of use were last updated on October1, 2024.

Restrictions on Use

By using the Website, the User represents that it will not:

  • Modify,copy, create derivative works from, decompile, or reverse-engineer the Websiteor any materials provided on the Website.
  • Remove any copyright or other proprietary notices from KIM Solutions AG or frommaterials contained on the Website.
  • Transfer the Website or related materials to another person or mirror the materials onany other server.
  • Knowingly or negligently use the Website in a manner that abuses or disrupts our networks or other services of KIM Solutions AG.
  • Use the Website to transmit or publish any harassing, indecent, obscene, fraudulent, or illegal material.
  • Use the Website in violation of applicable laws or regulations.
  • Use the Website to send unauthorized advertising or spam.
  • Collector store user data without the user's consent; or
  • Use the Website in a way that may violate the privacy, intellectual property, orother rights of third parties.

Intellectual Property

The intellectual property in the materials on the anesthesia questionnaire website is owned by or licensed to KIM SolutionsAG. You may view and use the materials on the Website only for your personal use.

This constitutes neither a license, nor a transfer of ownership to the Website or any materials contained on the Website.Use of and access to the Website will be automatically suspended if you violateany of these restrictions or these terms of use, and this agreement may be terminated by KIM Solutions AG at any time.

Automatic Updates and changes to the General Terms and Conditions

We reserve the right to regularly update or modify the functions and content of the Website to improve the services. Such changes will take effect immediately upon publication. We will inform users of significant changes that affect the collection or processing of their data.

In connection with any updates or modifications of the content of the Website, KIM Solutions AG reserves the right to review and change these General Terms and Conditions at its discretion. If we do so, we will update this page and inform you through the Website. Any changes to these terms of use will take effect immediately upon publication.

Liability

KIM Solutions AG assumes no liability for medical complications arising from incomplete or incorrect information provided by the user in the anesthesia questionnaire. The responsibility for the accuracy and completeness of the information lies with the user. The medical information provided is solely for the preparation and support of anesthesia and does not replace individual medical advice or examination.

The Website and the materials are provided "as is." To the extent permitted by law, KIM Solutions AG makes no warranties, express or implied, and hereby disclaims all other warranties, including but not limited to implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violations of rights.

In no event shall KIM Solutions AG or its suppliers be liable for any consequential damages arising out of the use or inability to use the Website, even if KIM Solutions AG has been notified of the possibility of such damages.

Accuracy of Materials

The materials provided on the Website are for general informational purposes only. KIM Solutions AG makes no warranties as to the accuracy, likely results, or reliability of the use of the materials.

Links

KIM Solutions AG has not reviewed all external websites linked to the Website and is not responsible for their content or their privacy practices. The inclusion of a link does not imply that KIM Solutions AG endorses the linked website or its content. The use of any linked website is at your own risk.

Right to Termination

We reserve the right to suspend or terminate your access to the Website and your right to use it, along with these terms of use, with immediate effect if you violate these terms of use.

Termination

If any provision of these terms of use is wholly or partially invalid or unenforceable, the validity of the remaining provisions of these terms of use shall not be affected.

Place of performance and venue

Exclusive place of performance and exclusive venue for all proceedings between KIM Solutions AG and the User shall be the City of Zurich, Switzerland.

Governing Law

All legal relationships between KIM Solutions AG and the User shall be subject to the substantive laws of Switzerland. The United Nations Convention on Contracts for the International Sale of Goods of 11 April, 1980 (CISG) shall not apply.