Terms and conditions

Status: October 2021

1. Introduction

We, Oviva AG, a company under Swiss law with a registered office at Zürcherstrasse 64, CH-8852 Altendorf, commercial register number CH-130.3.019.905-3, telephone: +41 41 511 52 41 (hereinafter: “we”, “us”, “Oviva”), would like to enable you to lead a conscious lifestyle based on scientific findings by means of information and advice. With our patient-oriented (digital) therapy for the change of nutritional behaviour (“nutritional counselling”), we thus create an important prerequisite.

2. Scope

2.1 Contractual partner and subject matter of contract

These General Terms and Conditions (hereinafter: “T&C”) serve to regulate the contractual relationship (“Contract”) between you and Oviva and apply to all services and products provided by Oviva, in particular nutritional advice, regardless of the medium (video telephony, telephone calls, use of the Oviva App, etc.) through which this is provided.

2.2 Requirements registration for nutritional counselling

2.2.1 To register for nutritional counselling, you must already be 18 years old and have full legal capacity

2.2.2 Oviva directs its services and products exclusively to consumers. A consumer is any natural person who enters into a legal transaction for a purpose that cannot be attributed to his or her commercial or independent professional activity.

2.2.3 A commercial or other use of our nutritional advice for entrepreneurial (commercial) purposes is prohibited, unless this has been expressly agreed in individual cases.

2.3 Supplementary conditions

2.3.1 We reserve the right to agree supplementary conditions for individual services. However, we will point this out to you in good time before registration. To use our services, you must also have read and understood our privacy policy or have given us the necessary consents.

2.3.2 The use of the Oviva App is subject to the additional terms and conditions described in section 10.

3. Services and costs

3.1 Scope of services

3.1.1 Oviva offers you the possibility to register for a fee-based individual nutritional consultation with a certified nutritional consultant (hereinafter: “Coach”) via the address www.oviva.com. Our coaches are all bound by professional confidentiality. The scope of services included in the nutritional counseling depends on what pre-existing conditions and/or symptoms, if any, you indicate when registering for nutritional counseling and which individualized nutritional counseling program is most appropriate for you and your current circumstances.

3.1.2 We will usually provide you with up to 3 hours of care spread over several sessions over a longer period of time. After the first consultation has been completed, the nutritional counselling programme should be completed within one year.

3.1.3 For nutritional counseling, Oviva also provides an iOS and Android app. The use of the Oviva App is voluntary and not a prerequisite for the provision of the nutritional counseling. Should the use of the app be mandatory for certain programs, these will be marked accordingly. We cannot guarantee that the Oviva App is compatible with your device or that you will be able to access the App from your device. If you decide to use the Oviva App, the additional conditions under section 10 also apply.

3.1.4 Please note that any food and/or equipment recommended as part of the nutritional consultation is not part of the nutritional consultation and must be purchased separately by you at your own expense.

3.2 Costs

3.2.1 A medically indicated nutritional consultation lasts about 3 hours and takes place over 2 to 6 consultation units. Your basic health insurance usually covers the costs of Oviva nutritional counselling (minus deductible and franchise). For the most part, Swiss health insurance companies cover 12 consultations per year. In exceptional cases, additional medical prescriptions can be approved.

3.2.2 If you are a self-payer, you can also make use of our consultation. The cost of this is CHF 35.00 per 15-minute session.

3.2.3 The use of the Oviva App requires the performance of a nutritional consultation. We do not charge any additional fees for the use of the App itself.

4. Your health

4.1 Our nutritional counseling is provided by certified coaches. Every interaction with your coach is based on your needs, goals and given restrictions. Our services are aimed at guiding and motivating you towards a conscious lifestyle through professional, personalized care. However, the positive effects of nutritional counselling ultimately depend on numerous factors over which we have no influence, in particular the willingness to consistently align nutrition and lifestyle with the results of the counselling. Against this background, no health success of any kind is owed or guaranteed by us.

4.2 Nutritional counselling is subject to constantly evolving health, nutritional and sports science findings. Even if we base our nutritional advice on current studies and findings, we do not guarantee that these correspond to the latest research results or findings.

4.3 With regard to nutritional counselling, you must also check on your own responsibility whether the ingredients or substances contained in the foodstuffs recommended in the course of the advice could trigger any intolerances or allergies in you before consuming.

4.4 Listen to your body’s signals. If you have any doubts about your health before you start or during the nutritional counselling, always consult your doctor before you start or continue with the nutritional counselling.

4.5 Generally, please seek medical advice on any health questions, concerns or circumstances. Never delay or disregard medical advice based on information from us. We are not a substitute for a doctor in this sense and therefore cannot substitute for medical advice, diagnosis or treatment. In this regard, the use of our services is at your own risk. We also do not assume any guarantees in relation to our services.

5. Registration and conclusion of contract

5.1 The basic prerequisite for taking advantage of our nutritional advice is your registration online via our website (www.oviva.com) (hereinafter referred to as “registration”).

5.2 The contract is concluded by registration, under the condition precedent of an appointment with a coach, regardless of whether it is a health insurance or self-pay service By registering for nutritional counselling, you agree to the validity of these T&C. If you do not agree with these T&C and do not wish to be bound by these T&C, then you may not register for nutritional counselling.

5.3 Your registration takes place in such a way that you first provide data about yourself and your state of health in the respective registration mask of the website and accept the T&C as well as the privacy policy of Oviva. It is important that the information you provide is correct and up to date in order to be able to offer you a nutrition programme that is suitable for you.

We will then check your registration and confirm your successful registration via e-mail or SMS if you have provided us with your contact details.

5.4 In addition, we will send you an invitation to the Oviva App.

6. Appointment

6.1 After registration, we, or the coach assigned to you, will contact you by text message, telephone or email and arrange an initial appointment and follow-up appointments for nutritional counseling. You are free to contact us at any time prior to your coach contacting you via the phone number provided in section 1.

6.2 If an appointment cannot take place due to illness of the coach or other circumstances for which Oviva is not responsible (force majeure), we will inform you of the cancellation as soon as possible. The respective consultation appointment will then be made up as soon as possible.

6.3 You must cancel agreed consultation appointments at least 24 hours in advance, otherwise they are binding and subject to a charge and will not be covered by your health insurance even if the costs have been confirmed in principle. In this case, we reserve the right to charge you the full cost of the consultation session in accordance with point 3.2.2.

7. Duty to cooperate

The provision of services by Oviva AG requires your cooperation. It is crucial that you provide current, correct and complete information about yourself, your physical and mental dispositions, dietary and exercise habits and other relevant self-observations during the consultation.

8. Activity accounting

8.1 Invoicing

8.1.1 All prices are inclusive of Swiss statutory VAT. We expressly reserve the right to adjust prices.

8.1.2 If health insurance coverage exists, the services provided by Oviva AG will be invoiced directly to your health insurance company.

8.1.3 The following conditions apply to self-payers: The service of Oviva AG will be invoiced after the respective appointment has been held. All invoices are payable net without deduction within 10 days. Oviva AG may withhold or interrupt its services until receipt of payment.

8.2 Delay in payment

Should you fall into arrears with the payment of your invoices, Oviva shall be entitled, after unsuccessful reminders, to hand over the collection of the debt to an external collection agency. In this case, the external collection agency shall be liable to pay fees and default interest shall accrue in accordance with the statutory provisions. Oviva shall be entitled to terminate the contractual relationship in accordance with clause 12.

9. Rights of use of Oviva content

The services we offer include, depending on which services you use (e.g. learning programs within the Oviva App as well as recipes and other consultation documents within and outside of the Oviva App), copyrighted or otherwise protected content to which we have the corresponding rights. We grant you a non-exclusive and non-transferable right to use such content in a non-commercial manner under these Terms. For the avoidance of doubt, we would like to point out that you are not permitted to distribute or make our content publicly available, e.g. on websites.

10. Additional conditions for the Oviva App

10.1 Possibilities of use

10.1.1 The use of the Oviva App requires the registration for the nutritional counselling and the receipt of the registration data by Oviva; for this purpose it is necessary that you provide your e-mail address or alternatively your mobile phone number when registering for the nutritional counselling.

10.1.2 By registering for the nutritional counselling, you also agree to these Additional Terms for the use of the App.

10.1.3 Oviva shall endeavour to avoid excessive downtime of the Oviva App as far as possible, but does not warrant or guarantee the error-free and uninterrupted accessibility and usability of the Oviva App or the functions contained therein

10.2 Duties of the App User

10.2.1 You are responsible for ensuring that the technical requirements for the installation of the Oviva App are created and maintained on your terminal device, in particular with regard to the operating system software used and the connection to the Internet.

10.2.2 In the event of further development of the Oviva App, it shall be your responsibility, after being informed by Oviva, to make the necessary adjustments to the IT used by you.

10.3 User generated content

10.3.1 The Oviva App allows you to upload and share User Generated Content (“User Generated Content”) to communicate with your Coach and to improve your individual nutritional advice. User Generated Content includes, in addition to your entries on activities, weight and blood glucose in “Charts”, entries and photos of your meals as well as other information shared by you with us, e.g. via Apple Health Kit, Google Fit or FitBit.

10.3.2 In relation to User Generated Content that you create and thus make available to your Coach, you accept and comply with the following terms and conditions:

User Generated Content must not contain any content that could be construed as abusive, harassing, defamatory, harassing, harmful, hateful, inaccurate, infringing, offensive, racist, obscene, invasive, pornographic, shocking, threatening, violent or vulgar (“Prohibited Content”).

User Generated Content must comply with all applicable laws; in particular, user-generated content must not infringe any personal rights, copyrights, trademarks or patent rights of third parties.

10.3.3 We reserve the right, without being obligated to do so, to review User Generated Content to determine whether it complies with Section 10.3.2. In the event of a violation or if we have evidence that a violation has occurred, we are entitled to block, change or delete User Generated Content. Furthermore, we are entitled to temporarily interrupt the nutritional advice until the final clarification of the factual and legal situation or to terminate the contractual relationship with you with immediate effect.

10.4 Data protection and data security when using the Oviva App

10.4.1 Your personal data will be processed in accordance with the data protection provisions for the use of the Oviva App.

10.4.2 You are aware that data may be lost as a result of hardware or software failure or force majeure. Internally, data may be copied by Oviva and can be restored. However, there shall be no claim for recovery against Oviva.

11. Termination of contract

11.1 The term of a contract is determined by the respective agreed service. The contract shall end upon expiry of this term without the need for express termination.

11.2 Both Oviva and you may terminate the respective services at any time with immediate effect and without giving reasons either by e-mail to support@oviva.ch or by letter to Oviva AG, Zürcherstr. 64, 8852 Altendorf.

12. Limitation of liability

12.1 We shall be liable to you in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.

12.2 In other cases, we shall only be liable – unless otherwise provided for in 13.3 – in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you as the customer may regularly rely, and this shall be limited to compensation for the foreseeable and typical damage In all other cases, our liability is excluded subject to the provision in 13.3.

12.3 To the extent that our liability is excluded or limited, the exclusion or limitation shall also apply in favour of our employees (in particular also coaches) and agents.

13. Assignment of rights

The client’s claims under the agreement with Oviva shall only be transferable with the written consent of Oviva. We shall have the right to transfer rights or obligations under the contract to a third party, provided that the rights to which the customer is entitled under this contract are not jeopardised thereby.

14. Data protection

The regulations on data protection are regulated in the separate data privacy policy. You can obtain this via data privacy website.

15. Changes to the T&C

We reserve the right to amend and adjust these General Terms and Conditions with effect for the future if this is necessary due to changes in the legal, regulatory or technical framework conditions and the amendments are reasonable in good faith, taking into account your interests. We will notify you of the changes by e-mail no later than six (6) weeks before the new version of the General Terms and Conditions is scheduled to come into effect. If you do not object to the validity of the new General Terms and Conditions within this period, if you make use of nutritional advice or if you use our App, the new General Terms and Conditions shall be deemed to have been accepted. In the event of an objection, we expressly reserve our rights of termination.

16. Severability clause

Should one or more provisions of these General Terms and Conditions and/or other contracts concluded between the parties be or become invalid, or should a loophole be found in them, the validity of the remaining provisions shall not be affected and an appropriate, permissible provision shall replace the invalid provision or fill the loophole, which the contracting parties intended or would have intended according to the sense and purpose of the conditions if they had known of the invalidity or loophole.

17. Final provisions

The contractual relationship between you and Oviva, these T&C and all disputes, claims or obligations (contractual and/or non-contractual) arising out of or in connection with them or with the conclusion of them shall be governed by substantive Swiss law (to the exclusion of the Vienna Sales Convention).

18. Access to the text of the contract

The current General Terms and Conditions can be viewed at terms and conditions.