Terms

Last updated: June 15th, 2023

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Thank you for using PURI (collectively “PURI”, "App"). Please read these terms and conditions carefully before using PURI or any related services. This agreement constitutes a legally binding agreement between you and "Koch SaMD GmbH" (collectively “Company”, “Us”, “We” or "Our").

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You can view this information at any time, either in PURI and/or online at https://puriapp.com/terms-and-conditions/ or in the App.

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This agreement can be navigated via the headings below:

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Introduction
Changes to the agreement
The service
Service disclaimer
User conduct
Our Rights
Rights we grant you
Rights you grant us
Links to other websites and other applications
Disclaimers of all warranties
Limitation of liability
Third party rights
Enitre agreement
Severability & waiver
Assignment
Indemnification
Governing law & courts
Class action waiver
Arbitration
Contact

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Introduction

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By signing up or otherwise using the PURI service, websites, and software applications (together, the “PURI Service” or “Service”), or accessing any content or material that is made available by PURI through the Service (the “Content”) you are entering into a binding contract with the Company.

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Your agreement with Us includes these Terms and Conditions of Use (“Terms”), Our Privacy Policy, and any additional terms that you agree to, as discussed in the Entire Agreement section, and are referred to together as the “Agreements”.

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You acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them. If you don’t agree with (or cannot comply with) the Agreements, then you may not use the Service.

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The terms cover important information about Services provided to you and any charges, taxes, and fees we bill you. The Agreements include information about future changes to the Agreements, export controls, automatic renewals, limitations of liability, privacy information, a class action waiver, and resolution of disputes by arbitration instead of in court.

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Any information that you provided during sign-up can be corrected after the sign-up process by navigating to your profile and updating your profile information.

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Each account is uniquely identified by an email address and an authentification method (collectively "Authentification Method"). You may choose an Authentification Method based on an email and password or via use of 3rd party authentification from Google, Facebook, or Apple. Once the account has been created the authentification method may not be changed by yourself. Please contact PURI support for any changes to the Authentification Method.

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Your PURI password or passwords used to protect 3rd party authentification services (collectively "Passwords"), protects your user account. You are solely responsible for keeping your password confidential and secure. You understand that you are responsible for all use of your username and password on the Service. If your username or password is lost or stolen, or if you believe there has been unauthorized access to your account by third parties, please notify us immediately and change your password as soon as possible.

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In order to use the PURI Service and access the Content, you need to be:

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18 or older
have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and
be resident in a country where the Service is available.

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Changes to the agreements

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Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, we’ll provide you with prominent notice as appropriate under the circumstances, e.g., by displaying a prominent notice within the Service or by sending you an email. In some cases, we will notify you in advance, and your acceptance of the new terms and/or your continued use of the Service after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Service under the new version of the Agreements, you may terminate the Agreements by deleting your account in the App or on our website or by contacting us through the Customer Service contact form.

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The Service

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PURI provides users the ability to store, review and share certain types of health and medical data. The PURI application is not a medical device and makes no claim as such. To use PURI users must follow the instructions provided with the PURI services. Services include:

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Free functions: PURI can be used with no payment. These functions allow users to utilise the core features of the App.
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Paid Functions: Certain Services are provided to you free-of-charge and other Services require payment before you can access them. The Services that may be accessed after payment are referred to as “Paid functions”. The PURI service that does not require payment is currently referred to as the “Free Service”. You can learn more about what functions are included in Paid Funactions and Free Service by visiting our website.
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Codes and other prepaid offers: If you have purchased or received a code, gift card, pre-paid offer or other offer provided or sold by or on behalf of PURI for access to a Paid Subscription (“Code”), separate terms and conditions presented to you along with the Code may also apply to your access to the Service and you agree to comply with any such terms and conditions.
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Trials: From time to time, we or others on our behalf may offer trials of Paid Subscriptions for a specified period without payment or at a reduced rate (a “Trial”). We reserve the right, in Our absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.
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Trial payment details: For some Trials, we’ll require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge you for the applicable paid subscription on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge using such payment details. If you do not want this charge, you must cancel the applicable paid subscription through your PURI account’s subscription page or terminate your PURI account before the end of the trial. If you do not want to continue to be charged on a recurring monthly or annual basis, you must cancel the applicable paid subscription through your PURI account’s subscription page or terminate your PURI account before the end of the recurring period. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, PURI will not refund any fees that you have already paid. The limitation section sets forth additional terms regarding cancellation of your paid subscription.
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Personal use: Access and use of the Service is permitted for your own personal use and only as long as you are in compliance with this Agreement.
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Refusal of service: We may for any or no reason, in our sole discretion and without notice or liability to you or any third party, refuse Service or terminate the Service at any time, and may immediately suspend or terminate your account (if any) and block any and all current or future access to and use of the Service (or any portion thereof), without derogating from any other right or remedy that we may have by law, equity or otherwise. Grounds for such termination may include, but are not limited to, Our determination that you violated the letter or spirit of this Agreement or an infringement of the rights of others or any applicable laws or regulations.
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Disruption and discontuation of service: You acknowledge that we may, in our sole discretion and at any time(s), change or discontinue providing any part of the Service. In addition, We may, from time to time, perform maintenance upon the Service resulting in interrupted service, delays or errors in the Service. Although we try to make the Service always available to you, We cannot make any guarantee and will not be held liable for any service disruptions, whether temporary or not.
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Service Disclaimer

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The Service relies on the User obtaining accurate health and medical data from in-vitro diagnostic devices and other sources. You are entirely responsible for the obtainment of accurate health and medical data and for all use and consequences of using the Service, thereof.

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The Service does not, in any way, constitute medical advice, a medical device, or act as a substitute for seeking professional advice or services. The Service is not to be used for self-diagnosis or treatment decisions. Always seek and follow professional medical advice for the treatment, prevention and management of any medical conditions you may have, or supsect to have. Relying on information presented in the app, or entered by you in PURI is done at your own risk.

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User Conduct

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In connection with the Service, you agree:

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to abide by all applicable laws and regulations
only make use of information that you own or have a right to use, and
only act appropriately.

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PURI respects intellectual property rights and expects you to do the same. We’ve established a few ground rules for you to follow when using the Service. Please follow these rules and encourage other users to do the same. Without limiting the above, you may not:

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Allow or facilitate a third party, to violate or infringe any rights of Us or others or our policies or the operational or security mechanisms of the Service.
Use the Service in any way that restricts or inhibits the use of the Service.
Alter, delete, forge, frame, copy, publicly display, publicly perform, rent, sell, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise, any part of the Service (including without limitation trademarks, service marks and logos contained in the Service (“Marks”) but excluding Content provide entirely by you).
Access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Service or any of the Service's security and traffic management devices.
Use any robot, spider, other automated device or any tool-bar, web-bar, other web-client, device, software, routine or manual process, to access the Service, submit Content, or monitor or scrap information from the Service.
Create or provide any other means through which the Service may be accessed, for example, through server emulators, whether for profit or not.
removing or altering any copyright, trademark, or other intellectual property notices contained on or provided through the PURI Service (including for the purpose of disguising or changing any indications of the ownership or source of any Content)
providing your password to any other person or using any other person’s username and password;
crawling” the PURI Service or otherwise using any automated means (including bots, scrapers, and spiders) to collect information from PURI;
engage in any activity, post any User Content, or register and/or use a username, which is or includes material that is offensive, abusive, defamatory, pornographic, threatening, or obscene; is illegal, or intended to promote or commit an illegal act of any kind, including but not limited to violations of intellectual property rights, privacy rights, or proprietary rights of PURI or a third party;
include your password or purposely include any other user’s password or purposely includes personal data of third parties or is intended to solicit such personal data; includes malicious content such as malware, Trojan horses, or viruses, or otherwise interferes with any user’s access to the Service; is intended to or does harass or bully other users; impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, deceptive, or misleading; uses automated means to artificially promote content; involves the transmission of unsolicited mass mailings or other forms of spam (“spam”), junk mail, chain letters, or similar, including through the PURI inbox; involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized by PURI;
links to, references, or otherwise promotes commercial products or services, except as expressly authorized by PURI; interferes with or in any way disrupts the PURI Service, tampers with, breaches, or attempts to probe, scan, or test for vulnerabilities in the Service or PURI’s computer systems, network, usage rules, or any of PURI’s security components, authentication measures or any other protection measures applicable to the Service, the Content or any part thereof; or conflicts with the Agreements, as determined by PURI.

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You acknowledge that breach of any of the above temrs may result in immediate termination or suspension of your PURI account.

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We have no responsibility for your choices to post material on the Service.

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Our Rights

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The App, including without limitation the Marks, are protected by copyrights, trademarks, service marks, patents or other proprietary rights, both with respect to the App and as a collective work or compilation, pursuant to laws and international conventions. You acknowledge and agree that we (or its licensors) own and will own all intellectual property rights in or relating to the Service, the App and our Marks. Any rights to the App, Marks or Service not expressly granted herein are reserved by Us. We make no claim of ownership as to the trademarks of any third party linked or displayed on the Service, or with respect to any publisher or publication mentioned on the Service.

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Rights we grant you

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The PURI Service and the Content are the property of PURI or PURI's licensors. We grant you a limited, non-exclusive, revocable licence to make use of the PURI Service, and a limited, non-exclusive, revocable licence to make personal, non-commercial, use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or PURI. You promise and agree that you are using the Content for your own personal, non-commercial, entertainment use and that you will not redistribute or transfer the PURI Service or the Content.

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The PURI software applications and the Content are licensed, not sold, to you, and PURI and its licensors retain ownership of all copies of the PURI software applications and Content even after installation on your personal computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

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All PURI trademarks, service marks, trade names, logos, domain names, and any other features of the PURI brand (“PURI Brand Features”) are the sole property of PURI or its licensors. The Agreements do not grant you any rights to use any PURI Brand Features whether for commercial or non-commercial use.

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You agree to abide by our User guidelines and not to use the PURI Service, the Content, or any part thereof in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, PURI grants no right, title, or interest to you in the PURI Service or Content.

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Third party software (for example, open source software libraries) included in the PURI Service are licensed to you either under the Agreements or under the relevant third party software library’s licence terms as published in the help or settings section of our desktop and mobile client and/or on our website.

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Rights you grant us

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You grant to Us a royalty-free right to use your data and content in order to provide and improve the Service in accordance with this Agreement.

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Links to other websites and applications

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The Service may contain links and references to websites and applications of others. We may, from time to time, at our sole discretion, add or remove links. These links are provided solely as a convenience to you, and access to any such websites or applications is at your own risk. If you decide to transfer any of your content (including health and/or medical data) to any third-party website or application, you do so solely at your entire discretion. When you leave the App or Service it is your responsibility to read the terms and conditions and privacy policy of each other website and application that you visit. We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such websites or applications. In no event will we be responsible for the information contained in, transmissions received from, or your use of or inability to use, such websites or applications, or their services.

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The Service contains certain third-party software, including such that are licensed under Open Source licenses. Such third party software is provided "As-Is" without any warranties of any kind whatsoever, and such software is also subject to all the terms and conditions required by the respective third-party. The list of the applicable notices and licenses relevant to the third party software, including the software licensed under Open Source licenses, can be found here.

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Disclaimers of all Warranties

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The Service is provided on an “as is” and “as available” basis. Except as expressly provided for in this agreement. We and our suppliers disclaim all other warranties, express, implied or statutory, including warranties, term as and conditions of merchantability, accuracy, correspondence with description, fitness for a particular purpose or use and satisfactory quality, and non-infringement to the fullest extent permitted by law.

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Limitation of Liability

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Negligence: Nothing in this agreement limits or excludes any liability for death or personal injury caused by negligence, or for fraud or fraudulent mirsrepresentation, or for any other liabilitiy which cannot legally be limited.
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Loss limitation: Neither we or you shall be liable for any special, indirect or consequential losses, and any liability we or you have shall be limited to foreseeable losses; To the fullest extent permitted by law, in no event will puri, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for (1) any indirect, special, incidental, punitive, exemplary, or consequential damages; (2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use the puri service, third party applications, or third party application content, regardless of legal theory, without regard to whether puri has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or (3) aggregate liability for all claims relating to the puri service, third party applications, or third party application content more than the amounts paid by you to puri during the prior twelve months in question, to the extent permissible by applicable law.
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Failure of delay: We shall not be liable or responsible for any failure or delay of the service that is caused by events outside of our reasonable control, such as (without limitation) your device having a slow or weak internet connection, or your failure to follow the user intructions accompanying the App, or 3rd party products you use to obtain data used to input into PURI.
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Aggregate liability: Our aggregate liability to you arising out of or related to this agreement or the service shall not exceed CHF 100.
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Remedy: You agree that, to the extent permitted by applicable law, your sole and exclusive remedy for any problems or dissatisfaction with the puri service is to uninstall any puri software and to stop using the puri service. While puri accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to PURI, for any problems or dissatisfaction with third party applications or the content thereof, is to uninstall and/or stop using any such third party applications.
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Fraud & jurisdiction: Nothing in the Agreements removes or limits PURI’s liability for fraud, fraudulent misrepresentation, death or personal injury caused by its negligence, and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
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Third party rights

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You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and PURI, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

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If you have downloaded the App from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. This Agreement is between you and PURI only, not with Apple, and Apple is not responsible for the Service and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Service. In the event of any failure of the Service to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including, but not limited to: (1) product liability claims; (2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Service and/or your possession and use of the App infringe that third party’s intellectual property rights. You agree to comply with any applicable third party terms, when using the Service. Apple, and Apple’s subsidiaries, are third party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of this Agreement. You hereby represent and warrant that (1) 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 (2) you are not listed on any U.S. Government list of prohibited or restricted parties.

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Entire agreement

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This Agreement comprises the entire agreement between you and Us, and state Our and our suppliers' entire liability and your exclusive remedy with respect to the Service, and supersede all prior agreements pertaining to this Agreement's subject matters. If any provision of this Agreement is held to be contrary to law, such provision shall be construed, as nearly as possible, to reflect the original provision and the other provisions remain in full force and effect. The section titles in this Agreement are solely used for convenience and have no legal or contractual significance. No waiver of any term of this the Agreement shall be deemed a further or continuing waiver of such term or any other term, and any failure to assert any right or provision under the Agreement shall not constitute a waiver of such term. Our suppliers are third-party beneficiaries of this Agreement. This Agreement, and any rights granted hereunder, may not be transferred or assigned by you, but may be assigned by Us to a successor of all or substantially all of Our business or assets.

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Other than as stated in this section or as explicitly agreed upon in writing between you and PURI, the Agreements constitute all the terms and conditions agreed upon between you and PURI and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

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Please note, however, that other aspects of your use of the PURI Service may be governed by additional agreements. That could include, for example, access to the PURI Service as a result of a gift card or free or discounted Trials. When you are presented with an offer for such aspects of your use, you will be presented with any related additional agreement, and you may have an opportunity to agree to additional terms. Some of those additional terms are listed on PURI’s website. To the extent that there is any irreconcilable conflict between any additional terms and these Terms, the additional terms shall prevail.

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Severability and waiver

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Unless as otherwise stated in the Agreements, should any provision of the Agreements be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Agreements, and the application of that provision shall be enforced to the extent permitted by law.

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Any failure by PURI or any third party beneficiary to enforce the Agreements or any provision thereof shall not waive PURI’s or the applicable third party beneficiary’s right to do so.

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Assignment

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PURI may assign the Agreements or any part of them, and PURI may delegate any of its obligations under the Agreements. You may not assign the Agreements or any part of them, nor transfer or sub-license your rights under the Agreements, to any third party.

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Indemnification

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To the fullest extent permitted by applicable law, you agree to indemnify and hold PURI harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of:

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your breach of this Agreement;
any User Content;
any activity in which you engage on or through the PURI Service; and
your violation of any law or the rights of a third party.

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Governing Law and exclusive courts

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Unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the Agreements (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state or country listed below, without regard to choice or conflicts of law principles.

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This Agreement will be governed by laws of Switzerland and are subject to the exclusive jurisdiction of the courts of the Kanton of Luzern.

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Class action waiver

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Where permitted under the applicable law, you and the Company agree that each may bring claims against the other only in your or its individual capacity and not as a plaintiff or class member in any purported classs or representative action. Unless both you and the Company agree, no arbitrator or judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding.

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Arbitration

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You and PURI agree that any dispute, claim, or controversy between you and the Company arising in connection with or relating in any way to these Agreements or to your relationship with PURI as a user of the Service (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Agreements) will be determined by mandatory binding individual arbitration. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. This arbitration provision will survive termination of the Agreements.

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Language & location: Any arbitration will be conducted in the English language and unless otherwise required by a mandatory law of a member state of the European Union or any other jurisdiction, the law to be applied in any arbitration shall be the law of the Kanton of Luzern, Switzerland, without regard to choice or conflicts of law principles.
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Time for filing: Any arbitration must be commenced by filing a demand for arbitration within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission, or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. If applicable law prohibits a one-year limitation period for asserting claims, any claim must be asserted within the shortest time period permitted by applicable law.
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Notice; Process: A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail or courier (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). The Company's address for Notice is: Koch SaMD GmbH, Attn: General Counsel, Steinibächli 1, 6173 Flühli, Switzerland. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or PURI may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or PURI shall not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. In the event our dispute is finally resolved through arbitration in your favor, PURI shall pay you (1) the amount awarded by the arbitrator, if any, (2) the last written settlement amount offered by PURI in settlement of the dispute prior to the arbitrator’s award; or (3) CHF 100 whichever is greater. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law. Except as required to enforce the arbitrator’s decision and award, neither you nor PURI shall make any public announcement or public comment or originate any publicity concerning the arbitration, including, but not limited to, the fact that the parties are in dispute, the existence of the arbitration, or any decision or award of the arbitrator.
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Modifications: In the event that PURI makes any future change to this arbitration provision (other than a change to the Company's address for Notice), you may reject any such change by sending us written notice within 30 days of the change to PURI's address for Notice, in which case your account with PURI shall be immediately terminated and this arbitration provision, as in effect immediately prior to the amendments you reject, shall survive.
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Enforceability: If the class action waiver is found to be unenforceable in arbitration or if any part of this section is found to be invalid or unenforceable, then the entirety of this arbitration and class action wavier clauses shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described above shall govern any action arising out of or related to the Agreements.
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Contact

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If you have any questions concerning the PURI Service or the Agreements, please contact PURI customer service by visiting https://puriapp.com/customer-support/

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If you are a California resident, you may have the Agreements mailed to you electronically by sending a letter to PURI at the address below, with your email address and a request for the Agreements. In addition, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at 1-800-952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.

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Thank you for reading our Terms. We hope you enjoy PURI!

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Contracting entity:

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Koch SaMD GmbH
\r\nSteinibächli 1, 6173 Flühli
\r\nSwitzerland
\r\nUID: CHE-278.299.406

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