Terms of Service

These Terms of Service ("Terms") form a binding agreement between CareTrack ("CareTrack", "we") and the clinic, organisation, or individual ("Customer", "you") accessing or using the CareTrack platform, software, websites, and related services (collectively, the "Service"). By accessing the Service, creating an account, or signing an order form, you accept these Terms on behalf of yourself and any users you authorise.

CareTrack is a software platform that enables clinics to collect structured patient updates between appointments and to prepare doctor-ready summaries before visits. The Service is provided as-is, on a subscription or pilot basis, and may evolve over time. Specific features available to you are those documented in your order form or pilot agreement, as updated from time to time.

The Service is intended for use by licensed healthcare clinics, their authorised staff, and patients those clinics invite. You represent that you have legal authority to enter these Terms, that any users you authorise are bound by them, and that your use of the Service complies with all applicable laws and professional obligations in your jurisdiction.

You are responsible for: (a) the accuracy of information you provide; (b) maintaining the confidentiality of credentials and access tokens; (c) any activity that occurs under your accounts; and (d) promptly notifying us of any suspected unauthorised access.

You must configure user roles, permissions, and access scope appropriately for your clinic. CareTrack provides role-based access controls; the responsibility for assigning them correctly rests with the clinic.

You agree not to:

• use the Service in violation of any law, regulation, or third-party right;
• upload content you are not authorised to process;
• attempt to probe, scan, or breach the security of the Service;
• interfere with or disrupt the integrity, performance, or availability of the Service;
• use the Service to send unsolicited marketing communications;
• reverse engineer, decompile, or attempt to derive source code, except as permitted by mandatory law;
• use the Service to provide a competing offering.

The Service facilitates structured, asynchronous communication with patients. You are responsible for ensuring that each patient has been provided with the information necessary to understand how their data will be used and that, where required, valid consent has been obtained.

Patient updates are not monitored in real time. CareTrack provides no guarantee that any message, update, or alert will be reviewed by clinical staff within any specific timeframe. Notification timing and follow-up are governed by the clinic's own operational processes.

The Service uses AI models to draft summaries and to assist with structuring patient inputs. AI outputs may contain errors, omissions, or unintended interpretations and should not be relied upon without independent human review.

You acknowledge that AI summaries are assistive only and that a qualified clinician must review and validate any output before it is used in a clinical decision. CareTrack disclaims all responsibility for clinical actions taken on the basis of unreviewed or partially reviewed AI output.

CareTrack is a software platform. It is not a healthcare provider, not a medical device, and does not provide medical, diagnostic, therapeutic, or professional advice. Nothing produced by the Service — including AI-generated content — constitutes medical advice. The Service does not diagnose, treat, cure, or prevent any disease or condition.

The Service must not be used for urgent, emergency, or life-threatening medical situations. CareTrack does not monitor patient inputs in real time and cannot guarantee timely review by clinical staff. Patients experiencing a medical emergency must contact emergency services or a licensed healthcare professional directly.

Clinical decisions remain the sole responsibility of the treating clinician and the clinic. The clinic is responsible for assessing the suitability of the Service for its workflows, for supervising authorised users, for obtaining and recording patient consent, and for compliance with applicable medical, professional, data-protection, and consumer regulations.

As between the parties, you retain all rights, title, and interest in clinic and patient data submitted to the Service ("Customer Data"). You grant CareTrack a limited, non-exclusive, royalty-free licence to process Customer Data solely as required to provide, secure, support, and improve the Service, subject to the Privacy Policy and the DPA.

The Service, including its software, designs, brand, content, documentation, and any improvements or derivative works, is and remains the exclusive property of CareTrack and its licensors. Except for the limited rights expressly granted in these Terms, no licence is granted to you by implication, estoppel, or otherwise.

We aim to keep the Service reliably available, but we do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to maintenance, upgrades, third-party dependencies, or events outside our reasonable control. Where a service-level commitment applies, it will be set out in your order form.

We maintain technical and organisational measures appropriate to the sensitivity of the data we process, as described on our Security & Compliance page and in the DPA. You are responsible for the security of your end-user devices, credential hygiene, and the configuration of user roles within your clinic account.

We may suspend or terminate access to the Service if you materially breach these Terms, fail to pay fees when due, use the Service in a manner that creates a risk to security or to other customers, or as required by law. We will, where reasonable, provide notice and an opportunity to cure.

You may terminate your subscription at any time in accordance with your order form. On termination, we will, on request, export Customer Data in a structured format and delete it within the retention window defined in the DPA.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. WITHOUT LIMITING THE FOREGOING, CARETRACK DISCLAIMS ANY WARRANTY THAT AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR SUITABLE FOR ANY CLINICAL PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CARETRACK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CARETRACK'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE FEES PAID BY YOU TO CARETRACK FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR, WHERE NO FEES HAVE BEEN PAID (INCLUDING DURING THE FREE FOUNDING PILOT), ONE HUNDRED SWISS FRANCS (CHF 100).

CARETRACK ACCEPTS NO LIABILITY FOR MISSED DIAGNOSES, DELAYED INTERVENTIONS, OR ANY CLINICAL OUTCOME ARISING FROM RELIANCE ON THE SERVICE, INCLUDING AI-GENERATED OUTPUT, WITHOUT INDEPENDENT QUALIFIED REVIEW. NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LAWFULLY LIMITED.

You agree to defend, indemnify, and hold CareTrack and its affiliates harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your or your authorised users' use of the Service in violation of these Terms or applicable law; (b) Customer Data and your instructions concerning it; or (c) clinical decisions made by you or your personnel.

These Terms are governed by the laws of Switzerland, excluding its conflict-of-laws rules. The courts of Zürich, Switzerland have exclusive jurisdiction over any dispute arising out of or relating to these Terms, subject to any mandatory consumer-protection rights you may have in your country of residence.

Questions about these Terms can be sent to legal@caretrack.health. General enquiries: hello@caretrack.health.