Terms and conditions

Status: October 2023

I. Structure of the document

These General Terms and Conditions (hereinafter: “GTC”) serve to regulate the contractual relationship (“Contract”) between you and Oviva and apply to all services and products provided by Oviva. Section II regulates the specifics for nutritional advice and section III. the characteristics of psychotherapy. Section IV contains general regulations that apply to both nutritional counseling and psychotherapy.

II. Nutritional Advice

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 Subject matter of contract

The regulations under this Section II apply to nutritional advice, regardless of the medium (video telephony, telephone calls, use of the Oviva app, etc.) this is carried out.

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. We will inform you of this in good time before you register. In order to use our services, you must also have read and understood our data protection declaration or have given us the necessary consent.

2.3.2 The additional conditions described in Section IV.3 apply to the use of the Oviva App.

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. As long as the therapy has been prescribed by your doctor, your health insurance will cover the costs.

3.2.2 If you are a self-payer, you can also make use of our consultation. The cost of this is CHF 40,00 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 counseling 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 counseling. Against this background, no health success of any kind is owed or guaranteed by us.

4.2 Nutritional counseling 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 counseling, 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 counseling, always consult your doctor before you start or continue with the nutritional counseling.

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. Professional confidentiality

5.1 Oviva and the nutritionist are subject to professional confidentiality. All of the content you address will be treated as strictly confidential and will only be passed on to third parties with your permission.

5.2 You release Oviva and the nutritionist from professional confidentiality in the following cases, insofar as this is necessary:

– To communicate with the referring doctors to obtain the orders.

– To health insurers in connection with invoicing and performance control (see also Section 3.1.3.2 of the data protection declaration on our website

(available at: https://oviva.com/ch/de/datenschutz-website/)).

– For using cloud or SaaS solutions (e.g. billing software).

– In the context of using the website in accordance with the data protection declaration on our website (available at: https://oviva.com/ch/de/datenschutz-website/).

– In the context of using the Oviva App in accordance with the Oviva App Privacy Policy.

6. Registration and conclusion of contract

6.1 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”).

6.2 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.

6.3 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.

7. Appointment

7.1 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.

7.2 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.

7.3 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.

8. 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.

9. Data protection and data security when using the Oviva app

9.1. Your personal data will be processed in accordance with the data protection regulations for using the Oviva app.

9.2 You are aware that data may be lost as a result of hardware or software failures or due to force majeure. Data may be copied internally by Oviva and can be restored. However, there is no right to recovery from Oviva.

10. Limitation of liability

10.1 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.

10.2 In other cases, we shall only be liable – unless otherwise provided for in 10.3 – in the event of a breach of a contractual obligation, the fulfillment 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 10.3.

10.3 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.

III. Psychotherapy

1. Introduction

2. Scope

2.1 Subject matter of the contract

The regulations under this Section III apply to psychotherapy, regardless of the medium (video telephony, telephone calls, use of the Oviva app, etc.) this takes place.

2.2 Registration for psychotherapy

2.2.1 The prerequisite for registering for psychotherapy is that you are already 18 years old and have full legal capacity. If you are under the age of 18, the conclusion of the contract requires your judgment, which we will check in a personal interview. If you are under the age of 18 or not capable of judgement, the registration for psychotherapy requires the holder of parental authority or an authorized advisor to conclude a contract.

2.2.2 Depending on the payer, the following distinction is made in psychotherapy:

Compulsory OKP benefit: Psychotherapy paid for by compulsory health insurance (hereinafter «OKP») or your health insurance company, which is only carried out on doctor’s orders. With your registration you confirm that you have a corresponding arrangement.

Self-payer service: Psychotherapy paid for by you as a self-payer or by supplementary health insurance, for which the conditions for the OKP to assume the costs are not met and, in particular, there is no medical prescription.

2.2.3 Oviva directs its services and products exclusively to consumers. A consumer is any natural person who concludes a legal transaction for a purpose that cannot be attributed to either their commercial or their independent professional activity.

2.2.4 Commercial or other use of our psychotherapy for entrepreneurial (commercial) purposes is prohibited unless this has been expressly agreed in individual cases.

2.3 Supplemental Terms

2.3.2 The additional conditions described in Section IV.3 apply to the use of the Oviva App.

3. Services and costs

3.1 Scope of services and costs for mandatory OKP services

3.1.1 The scope and duration of the psychotherapy basically depends on your state of health and the doctor’s prescription. In addition, we are obliged to observe the WZW criteria and, in particular, do not carry out any uneconomical treatments.

3.1.2 The medical order includes a maximum of 15 psychotherapy sessions. If there is then an indication for another 15 psychotherapy sessions, the psychotherapist will obtain another medical prescription. For the continuation of the psychotherapy after 30 sessions, a psychiatric assessment is required as the basis for a cost approval from the health insurance company.

3.1.3 As a rule, there is one appointment per week or every two weeks, but longer intervals are also possible. You can discuss this individually with your psychotherapist.

3.1.4 The psychotherapy sessions can be carried out in a practice room on site or by telephone. Between sessions, you use the Oviva app to work on your individual therapy success. You use the chat function for the sole purpose of recording information and questions that are to be discussed with your psychotherapist in the next session. The chat function is expressly NOT intended for acute emergencies that require an immediate response.

3.1.5 If the legal requirements are met, the OKP or your health insurance company will assume the costs incurred for the psychotherapy (minus the deductible and franchise) in the amount of the applicable tariffs (currently CHF 2.58 per minute according to official orders) and according to the current version of the tariff structure Psy Tariff.

3.1.6 Should the OKP or your health insurance subsequently refuse to accept the costs or demand reimbursement of costs already paid, you must pay for the psychotherapy carried out yourself in accordance with the present provisions for self-paying services.

3.2 Scope of services and costs for self-pay services

3.2.1 If the requirements for the assumption of costs by the OKP are not met, the psychotherapy can also be carried out at the patient’s own expense. In this case, the scope of the treatment depends on the need for treatment of the self-payer and the assessment of our psychotherapists.

3.2.2 If you have taken out supplementary health insurance that covers the costs of psychotherapy, the scope of benefits depends on the conditions of the supplementary health insurance. You are responsible for clarifying whether you are covered by supplementary health insurance and informing Oviva of this before the start of treatment.

3.2.3 The costs are reimbursed by the self-payer at CHF 2.58 per minute or according to the tariff of the supplementary health insurance.

4. Use of the Oviva App

Oviva also provides an iOS and Android app for conducting psychotherapy. The use of the Oviva app is voluntary and not a prerequisite for carrying out the psychotherapy. We cannot guarantee that the Oviva app is compatible with your device or that you can access the app from your device. If you decide to use the Oviva app, the additional conditions under Section 10 also apply. We do not charge any additional fees for using the app itself.

5. Emergency Treatments

As part of our services, we cannot offer any emergency care outside of the agreed meetings. In the event of an acute mental crisis, contact your general practitioner or one of the following numbers:

International emergency number (24 hours a day): 112

Offered hand: 143

Emergency call center: 144

Advice + help 147 for children and young people: 147

Parent emergency number: 0848 35 45 55

Information about the regional emergency service: 1811

6. Course of treatment

6.1 At the beginning of each therapy, your psychotherapist will discuss the type, scope and course of the treatment with you, including treatment options, risks associated with the treatment, treatment alternatives and the expected duration of the treatment. Together they determine the goals of psychotherapy. You also have a right to information about your condition. If you are unsure about this, please contact your psychotherapist.

6.2 Our psychotherapy is provided by federally recognized psychotherapists. Every interaction is based on your needs, goals and given constraints. Our services are aimed at accompanying and motivating you with a view to alleviating your psychological suffering by means of professional, personal care. Ultimately, however, the positive effects of psychotherapy depend on numerous factors over which we have no influence, in particular the willingness to engage in therapy and want to change something in your life. Against this background, we do not owe or guarantee any kind of health success. If no success is achieved within a realistic period of time, the psychotherapist will discuss with you whether the treatment method can be continued or changed and, if so, within what framework.

6.3 Psychotherapy is subject to scientific knowledge, which is constantly evolving. Even if we base our psychotherapies on current studies and findings, we do not guarantee that they correspond to the latest research results or findings.

7. Professional Confidentiality

7.1 Oviva and the psychotherapist are subject to professional confidentiality. All of the content you address will be treated as strictly confidential and will only be passed on to third parties with your permission.

7.2 You release Oviva and the psychotherapist from professional confidentiality in the following cases, insofar as this is necessary:

To communicate with the referring doctors to obtain the orders.
To health insurers in connection with invoicing and performance control (see also Section 3.1.3.2 of the data protection declaration on our website (available at: https://oviva.com/ch/de/datenschutz-website/)).
For using cloud or SaaS solutions (e.g. billing software).
In the context of using the website in accordance with the data protection declaration on our website (available at: https://oviva.com/ch/de/datenschutz-website/).
In the context of using the Oviva app in accordance with the data protection declaration for the Oviva app.

8. Registration and conclusion of contract

8.1 In order to register for psychotherapy, first enter data about yourself and your state of health in the respective registration form on the website and accept the terms and conditions and the data protection declaration of Oviva. It is important that the information you provide is accurate and up-to-date in order to provide you with the psychotherapy that is right for you.

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

8.3 If you are already registered as a patient of Oviva nutritional advice, you can register directly with the nutritionist.

8.4 After you have registered, a psychotherapist with a management function will contact you by telephone and in a short conversation will check whether there is an indication for psychotherapy and whether a treatment contract should be concluded. If this is available and Oviva agrees to the conclusion of a treatment contract, an initial consultation with a psychotherapist can be arranged directly. Follow-up appointments are arranged individually with your psychotherapist.

8.5 The contract is concluded by registering, subject to the condition precedent of making an appointment with a psychotherapist, regardless of whether it is a mandatory OKP service or a self-payer service. By registering for psychotherapy, you agree to the validity of these terms and conditions. If you do not agree to these GTC and do not wish to be bound by these GTC, then you cannot start psychotherapy with Oviva.

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

9. Appointment Cancellations

9.1 If an appointment cannot take place due to illness of the psychotherapist or other circumstances for which Oviva is not responsible (force majeure), we will inform you of the cancellation as soon as possible.

9.2 Agreed therapy appointments must be canceled at least 24 hours in advance, otherwise they are binding and subject to a charge and will not be covered by your health insurance company, even if your health insurance company has confirmed that the costs will be covered in principle. In this case, we reserve the right to charge you directly for the full cost of the therapy session.

10. Obligations to cooperate

The provision of the services by Oviva requires your cooperation. The decisive factor here is that in the course of the psychotherapy you provide up-to-date, correct and complete information with regard to your person, physical and psychological dispositions, as well as other relevant self-observations during the psychotherapy.

11. Data protection and data security when using the Oviva app

11.1 Your personal data will be processed in accordance with the data protection regulations for using the Oviva app.

11.2 You are aware that data may be lost as a result of hardware or software failures or due to force majeure. Data may be copied internally by Oviva and can be restored.

12. Limitation of Liability

12.1 We are 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 are only liable in the event of a breach of a contractual obligation, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you as a customer can regularly rely, and limited to compensation for the foreseeable and typical damage s. In all other cases our liability is excluded subject to the provision in 12.3.

12.3 To the extent that our liability is excluded or limited, the exclusion or limitation also applies to our employees (especially psychotherapists) and agents.IV. Common regulations

IV. Billing of services

1.1 Billing

1.1.1 All prices include the statutory Swiss VAT. We expressly reserve the right to make price adjustments.

1.1.2 If there is health insurance coverage, the services provided by Oviva will be invoiced

directly to your health insurance company (tiers payant).

1.1.3 The following conditions apply to self-payers: Oviva’s services will be invoiced after the appointment. All invoices are payable net without deductions within 10 days. Oviva can withhold or interrupt its services until payment has been received.

1.2 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 4..

2. 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 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.

3. Additional conditions for the Oviva App

3.1 Possibilities of use

3.1.1 The use of the Oviva App requires the registration for the nutritional counseling or psychotherapy 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.

3.1.2 By registering for psychotherapy or nutritional advice, you also agree to these additional terms and conditions for using the app.

3.1.3 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

3.2 Duties of the App User

3.2.1 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.

3.2.2 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.

3.3 User Generated Content

3.3.1 The Oviva App enables you to upload content generated by you and share it with your psychotherapist (“User-Generated Content”) to communicate with your psychotherapist and to improve your individual therapy goals. This includes all your entries and information that you share with us via the Oviva app.

3.3.2 With regard to user-generated content that you create and thus make available to your psychotherapist, you accept and comply with the following conditions:

User-Generated Content must not contain content that could be construed as abusive, harassing, defamatory, harassing, harmful, hateful, inaccurate, hurtful, abusive, indecent, racist, obscene, offensive, pornographic, shocking, threatening, violent, or vulgar (“Prohibited content”).
User-generated content must comply with all applicable laws, in particular user-generated content must not violate any personal rights, copyrights, trademarks or patent rights of third parties.

3.3.3 We reserve the right, without obligation, to review User Generated Content for compliance with Section 3.3.2. In the event of a violation or if we have indications that a violation has occurred, we are entitled to block, change or even delete user-generated content. Furthermore, we are entitled to temporarily interrupt the nutritional counseling or psychotherapy until the factual and legal situation has been finally clarified or to terminate the contractual relationship with you with immediate effect.

4. Termination of contract

4.1 The term of a contract is determined by the service agreed in each case. The contract ends at the end of this term without the need for an express termination.

4.2 Both Oviva and you can withdraw the respective services at any time with immediate effect and without giving reasons either by telephone, by e-mail to kontakt@oviva.ch or by letter to Oviva AG, Zürcherstr. 64, 8852 Altendorf.

5. 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.

6. Data protection

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

7. 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 psychotherapy 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.

8. 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.

9. 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).

10. Different language Versions

In the event of any conflict or difference in interpretation between the different language versions of these T&C, the German version shall prevail.

11. Access to the text of the contract

The current General Terms and Conditions can be viewed under General Terms and Conditions.