The service offered (software)

MedicalGuide, COVID-Guide, SmED, concordiaMed Check, WELL Symptom-Checker are trade names of the medical product SMASS.
SMASS (Structured Medical Assessment System) is a web-based software solution (hereinafter referred to as "software"). SmED (Strukturierte medizinische Ersteinschätzung in Deutschland = structured medical initial assessment in Germany) is the software adapted to the German health care system within the generic product group SMASS.
The manufacturer is responsible for the accuracy of the software’s medical content of the software. However, the service offered is explicitly not a telemedical consultation.

Roles

The manufacturer of the SMASS software within the meaning of the MDD is
in4medicine AG
Monbijoustrasse 23
3011 Bern
CHE-114.317.142
tellme.in4medicine.ch

In the European Union, In4medicine AG is represented by
HCQS Health Care Quality Systems GmbH
Maschmühlenweg 8 – 10
37073 Göttingen
DE237838407
info(at)hcqs.de

The imprint additionally provides information about the provider of the respective service. None of the mentioned role holders is neither an outpatient or inpatient treatment facility nor a medical practice.

Service provided

Purpose of the software

General

SMASS is a web-based software which aims to support health professionals and laypeople in the structured documentation and assessment of health problems as well as to inform users about possible medical assessment steps, treatments, and measures. SMASS has two different user interfaces: "SMASSPathfinder" for laypersons and SMASSProfessional for health professionals, which only differ in the assessment guidance (user guidance). SMASS contains various application modules which are based on one or more medical knowledge databases.

Intended medical purpose

SMASSPathfinder supports laypersons in assessing the optimal medical care need and medical care timing. Furthermore, it helps you derive adequate measures (treatment recommendations regarding home remedies).

The medical contents are based on medical literature and many years of experience of emergency doctors. The system is based on the "International Classification of Primary Care" (ICPC2) as a principle of order of the medical contents.
The software is multilingual and currently available in German, French, Italian and English.
SMASS has a responsive web design. Data can be entered by users via forms and dynamic masks (e.g. chatbot). The content can be displayed on different end devices (mobile, tablet, PC) with any common browser.
SMASSPathfinder and SMASSProfessional use the same medical protocols. SMASSPathfinder uses its own Graphical User Interface (GUI) for optimal user guidance of non-medically trained persons and for general availability.

Characterisation of the users

SMASSPathfinder is used by laypersons without specific medical training, who are older than 16 years.

Use of the software

The use of the software is only permitted for private information purposes (see also explanations in the section "Liability and rights"). Any commercial or other professional use is expressly prohibited. The permission to use the software may be revoked at any time by the manufacturer or its representative.
However, due to the use of the software costs for the user may incur due to the data transfers associated with the use, depending on the telecom provider and type of subscription.
The user undertakes to use the functionalities of the software only for the intended purposes. Any misuse shall result in immediate forfeiture of the right of use.

Characterisation of the environment of use

SMASSPathfinder is used by the patient or a patient representative regardless of location. As a rule, the software can be used in the most common browsers in the latest version. The software indicates the browser with which the verification could be successfully carried out if a different browser is used.

Exclusions in the Intended medical purpose

SMASSPathfinder does not provide a direct diagnosis.
The recommendation of SMASSPathfinder does not replace the advice of a trained physician. Any decision is therefore always made by the user.

Risks

Analogous to other sources of information in real or digital world, the software can only provide instructions for action. The instructions for action must be assessed by the user in the individual context and appropriate measures derived from them on their own responsibility. If the instructions are ignored or not interpreted correctly or inadequate measures are derived from them, it can lead to suboptimal medical care and consequently, to a risk to the user (medical overuse or underuse).

Medical device

The software is a medical device and has been developed in accordance with the European Medical Device regulation (93/42/EEC MDD) and has been registered with the relevant authorities as conforming to the directive under the generic product group SMASS.
 

Electronic delivery of documents

The user has the possibility to save the medical anamnesis data (questions and entered symptoms) as well as the recommendation as a PDF at the end of the use of the software. It is also possible that a communication service is offered at the end of use to send the initial assessment. If this data is not saved directly, it cannot be retrieved later. In this case, the assessment must be carried out again with the software.
If one of the offered communication services is used, it is the user’s responsibility to ensure that they have the patient’s authorisation to use the communication service for the transmission of the initial assessment data. The service provider assumes no responsibility for the use of the communication service or any data protection risks.

Duties of the user

Responsibility and duty of care of the user for himself and third parties

The user is responsible for all actions performed via the software and derived from the information in the software, both for themselves and for third parties. The user confirms that they have all necessary data and information about themselves and the third party. The user ensures that all data and information provided by the user and third parties in the context of the use of the software are complete and correct. If the user is acting on their own behalf or on behalf of a third party, they must ensure that they have all the necessary consents and authorisations. By using the software, the user confirms their authorisation to perform actions both for themselves and for third parties. The responsibility for the use of the software by third parties lies exclusively with the user. The user is solely responsible for the consequences of incomplete or incorrect data and information. The user shall ensure that the third parties are aware of and comply with the liability and warranty limitations of these terms of use.
If a third party asserts claims against the service provider because the user has performed actions via the software without the authority to represent the third party or knowledge of the third party, the user shall fully indemnify the service provider.
The user is obliged to report any illegal use of the software by third parties (e.g. hackers) to the service provider without delay.

Validity of the terms of use

The Terms of Use are available to the user in the same languages in which the software is offered. The German version shall prevail.
By agreeing to the terms of use, the user declares that they have read, understood and accepted the terms of use.
The user must accept the terms of use before each new use of the software. If the terms of use change, the user accepts the validity of the new terms of use.

Minimum age

The functionalities of the software are available to natural persons who are at least 16 years old and capable of judgement at the time of using the software. If the user is not 18 years old yet, the consent of the legal representative is required for the use of the software.

Use for or by a third person

The user may use the software both for themselves and for third parties. A third party is any natural person who is not identical to the user and for whom the user enters the information for the purposes in the software. The responsibility for the use of the software for the third party lies solely with the user.

Liability and rights

The software is made available to the user exclusively for the declared purposes of use as it is. The use of the software is at the user's own risk. Any implicit and explicit guarantee for the software is rejected. Furthermore, no other (implicit or explicit) promises, guarantees or assurances are made in regard to the software or the transmitted data, as long as these are not explicitly listed in these terms of use. In particular, no warranty is given for the functionality or constant availability without error or interruption, that errors will be corrected or that the transmitted data is correct and complete.

However, liability is assumed for possible culpably caused damage arising from or in connection with the software and for possible damage arising from the use of the software in accordance with the applicable legal provisions.

References to external content

The software may contain hyperlinks to websites on the World Wide Web which are not maintained by the service provider and which have no connection with the provider (hereinafter referred to as "third-party websites"). The use of such hyperlinks is at the user's own risk. This also includes checking for malware. The hyperlinks are provided as a courtesy to the user. The service provider is not responsible or liable. The responsibility for reviewing or evaluating the content of such third-party websites rests with the user. The content of third-party websites does not necessarily reflect the opinion of the service provider. Any liability or responsibility for the content of such third-party websites, in particular for their accuracy and completeness, is rejected.

Use from abroad

For any use outside the approved areas, all liability is disclaimed and the user is responsible for compliance with the laws in force in the country concerned.

Property rights and intellectual property

All worldwide rights (in particular all intellectual property rights and rights to know-how) relating to the software and the associated documentation belong in their entirety to the manufacturer in4medicine AG, subject to deviating legal or contractual regulations. All elements of the software are protected by copyright and/or trademark law. The complete or partial reproduction, transmission (electronically or by other means), modification or linking of the software with other applications is prohibited without the prior written consent of in4medicine AG.
The user refrains from any use or modification of the respective name, trademarks and/or logo of the service provider without the prior written consent of the service provider. These obligations are valid for an indefinite period of time.

Other subjects

Security

During the development of the software, special emphasis was placed on security. The contents are transmitted using state-of-the-art encryption procedures. Absolute security cannot be guaranteed even with all security precautions, which are also state of the art.
The user's terminal device (computer, mobile phone, etc.) and/or network are part of the system. They are beyond the control of the service provider and can therefore become a weak point in the system.
The user accepts the risks involved in the use of the software? It behoves them to inform themselves in detail about the necessary security measures corresponding to the current state of the art and to take suitable protective measures.

Data security and data protection

The software is always operated on servers in Switzerland or the EU.

Changes to the terms of use/deactivation of the software

The service provider reserves the right to change the terms of use and the scope of the software at any time and without prior notice or to adapt them to technical or legal developments.
The service provider may deactivate the software globally or in certain regions at any time without prior notice and without stating reasons. There is no entitlement to the continued use of the software.

Subject to the legal provisions

Any mandatory legal provisions governing the content, operation and/or use of the software remain reserved.

Salvatory clause

Should any provision of these Terms of Use be or become invalid, the validity of the remaining Terms of Use shall not be affected. The invalid provision shall be replaced by a provision that comes as close as possible to the economic purpose of the invalid provision.

Applicable law and place of jurisdiction

All legal disputes arising from or in connection with the terms of use or the use of the software shall be governed exclusively by Swiss law, excluding the rules of international private law and the Vienna Convention on Contracts for the International Sale of Goods.
The exclusive place of jurisdiction for all disputes arising out of or in connection with the Terms of Use or the use of the Software shall be the registered office of in4medicine ltd. In Berne, except where mandatory jurisdiction is provided by law.