Terms and Conditions – Symptoma Digital Health Assistant

1.1. These terms and conditions (“Terms and Conditions”) govern the use of this website, the Symptoma Digital Health Assistant (as defined below), and related services by any user (“User(s)”, “you”, “your”).

1.2. The contract is with Symptoma GmbH, an Austrian company registered with the Vienna Local Court under FN 323397i, registered office Seitenstettengasse 5/37, 1010 Vienna, Austria (“Symptoma”, “we”, “our”, “us”). We operate a platform that provides free digital health tools, including a symptom checker and access to a medical knowledge base powered by Symptoma’s proprietary artificial intelligence. “Symptoma Parties” means Symptoma, any affiliated entity, their processors, providers, licensors, and their respective directors, officers, employees, contractors, and agents.

1.3. The digital health assistant is available via our web application (the “Website”). It enables symptom exploration using purpose-built reasoning technology on an annotated medical knowledge base to display health information relevant to the findings you provide (the “Symptoma Digital Health Assistant” or “Symptoma DHA”). Symptoma DHA is available free of charge on the Website and may also be offered by Symptoma Partners (websites/apps of business partners).

Symptoma DHA is a CE-marked medical device (legacy device) under Directive 93/42/EEC (MDD) and is in transition to Regulation (EU) 2017/745 (MDR). The applicable conformity status for the public consumer version is shown on the Website and in the instructions for use. These Terms do not constitute a declaration of conformity. Collectively, the Website, Symptoma DHA and any associated software, services or technology are the “Symptoma Platform”. For the purposes of these Terms, ‘consumer version’ means the free, publicly available version of the Website and Symptoma DHA made available to end users without registration.

Important: SYMPTOMA DHA DOES NOT PROVIDE MEDICAL DIAGNOSES. If you are concerned about your health, seek advice from a qualified healthcare professional. In an emergency, call the emergency services. Never ignore professional medical advice or cancel an appointment because of information from the Website or Symptoma DHA.

1.4. Contact: [email protected].

1.5. Minimum age: 16 (unless a lower age is permitted by the law of your habitual residence and, where required, verifiable parental consent exists).

1.6. By using the Website or Symptoma DHA, you accept these Terms and Conditions. If you do not agree, do not use the Website or Symptoma DHA.

1.7. Contract languages: English and German. In case of discrepancies, the English version prevails.

2.1. These Terms and Conditions apply to the Website and Symptoma DHA. Read them together with our Privacy Policy before using the services. Questions? [email protected].

2.2. Use is permitted only if you accept these Terms and Conditions.

2.3. Other Symptoma offerings (e.g., Symptoma Demo) have their own terms.

3.1. No personal data required for consumer use. The consumer version of the Website and Symptoma DHA does not collect personal data and does not require personal data to function. If you choose to share personal data with us in another context (e.g., when contacting support or submitting a legal/privacy request), we process that data only for that purpose and in accordance with the GDPR and, where applicable, other data protection laws such as the CCPA. Our Privacy Policy explains purposes, legal bases, retention periods, processors/sub-processors, international transfers, and your rights. We do not sell personal data.

3.2. De-identified/aggregated data. We may use de-identified and/or aggregated data derived from interactions with the Website or Symptoma DHA for product improvement, statistics, and research, provided such data cannot reasonably be used to identify you. We exclusively own all rights in such derived data. No rights are granted or implied in any personal data. We do not create user accounts and do not attempt to re-identify de-identified data; we also prohibit third parties from doing so.

4.1. Symptoma DHA uses reasoning technology on an annotated medical knowledge base to present health information that corresponds to the medical findings you provide. At the end of use, you may receive a report listing, for example, conditions that may be associated with those findings (the “Report”).

4.2. The Website and Symptoma DHA are free to use. You may perform unlimited symptom checks and generate Reports. We may introduce paid features or tiers in the future under separate terms. Any fees will be communicated in advance; use of paid features requires prior acceptance of the applicable terms and prices. Fees (if introduced) will be disclosed prior to purchase, include applicable tax information, and be governed by separate terms provided at checkout.

4.3. Information provided via the Website and Symptoma DHA is for information only. It is not medical consultation and does not replace professional advice.

4.4. The Website and Symptoma DHA do not make medical diagnoses and do not prescribe treatment. Only qualified healthcare professionals can do so.

4.5. If you have medical concerns related to the information entered or displayed, you are responsible for deciding whether to seek medical advice.

5.1. For privacy reasons, no user accounts are offered. You may use the Website and Symptoma DHA without registration.

6.1. The Website and Symptoma DHA are owned by Symptoma GmbH or licensed to us (including any third-party software listed on the Website). We grant you a right to use them solely to access and use the Website and Symptoma DHA under these Terms. Do not enter personal data.

6.2. Your access right is personal and may not be transferred, sold, or otherwise provided to others. Granting you access does not prevent us from granting access to others.

6.3. We may refuse, restrict, or withdraw access to the Website or Symptoma DHA at our reasonable discretion, including to prevent misuse, ensure security, or comply with law. Any refusal, restriction, or withdrawal shall be exercised in a lawful, reasonable, and non-discriminatory manner.

6.4. Your right to use the Website and Symptoma DHA is personal. Unless expressly permitted in writing by Symptoma, you must not allow third parties (including your employees or contractors) to use your access or outputs on their behalf, nor grant or purport to grant any sublicense.

6.5. Use of the Symptoma name, trademarks, logos, domains, and other brand features is limited to what these Terms expressly allow.

6.6. Subject to compliance with these Terms, we grant a limited, non-transferable, non-sublicensable, personal, non-exclusive, revocable licence to access and use the Website and Symptoma DHA.

6.7. Unless expressly permitted in a separate written agreement with Symptoma, you must not:

(a) integrate, embed, wrap, frame, proxy, or otherwise incorporate the Website or Symptoma DHA into any third-party product or service;

(b) access, query, or use any API, interface, or data feed of Symptoma DHA;

(c) scrape, crawl, harvest, or bulk-download content or outputs;

(d) use outputs for model training, evaluation, benchmarking, or dataset creation;

(e) resell, sublicense, or provide outputs to third parties;

(f) replicate, copy, or modify the Website or Symptoma DHA, in whole or in part;

(g) attempt to discover or access the source code of the Website or Symptoma DHA, unless expressly published by us and released into the public domain.

6.8. We (and/or our licensors) retain all confidential information, exploitation rights, and other intellectual property rights in and to the Website and Symptoma DHA. This includes, without limitation, copyrights, database rights (including sui generis database rights), trade secrets, and all related intellectual property rights in the medical knowledge base and datasets. Bulk reproduction, republication, or redistribution of substantial parts of the database is prohibited. Systematic extraction and/or reutilization of substantial parts of the database, whether in one-off or repeated acts, is prohibited. Systematic extraction and/or reutilisation of insubstantial parts that cumulatively amount to a substantial part is likewise prohibited.

6.9. Feedback. If you provide ideas, suggestions, or survey responses (“Feedback”), you acknowledge it is non-confidential and grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free licence to use it in any manner and medium, in whole or in part, modified or unmodified, in line with these Terms, our Privacy Policy, and applicable law.

7.1. The rules below (“Regulations”) apply in addition to the rest of these Terms.

7.2. You must not:

• circumvent, disable, or otherwise manipulate security features or features that prevent or restrict use or copying of content available via the Website or Symptoma DHA;
• impersonate others or use multiple identities when communicating with us;
• provide false or misleading information when communicating with us;
• use the Website or Symptoma DHA while your right of use is suspended or prohibited;
• send junk mail, spam, or repeated messages;
• act unlawfully;
• modify, interfere with, hack, or disrupt the Website or Symptoma DHA, or intercept messages;
• misuse the Website or Symptoma DHA or introduce malware (including viruses, trojans, worms, logic bombs) that may harm the Website, Symptoma DHA, or other users;
• extract data from the Website or Symptoma DHA except as permitted under these Terms;
• use automated means (including bots, crawlers, or scrapers) to access, extract, or copy content or outputs;
• use the Website, Symptoma DHA, or outputs to create or enhance competing datasets, products, or services (including for model training, evaluation, or benchmarking);
• bypass rate limits, access controls, or other technical restrictions implemented by Symptoma;
• post or contribute abusive, threatening, obscene, misleading, untruthful, or offensive content, or content containing nudity or violence;
• enter information or comments about third parties without their consent.

7.3. Breach of 7.2 is material and may result, at our discretion, in: (i) immediate, temporary, or permanent withdrawal of access; (ii) a warning; (iii) legal action (including recovery of reasonable administrative costs and legal fees); and/or (iv) disclosure to law enforcement where permitted and necessary. You shall indemnify and hold Symptoma harmless from claims, losses, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from your unlawful use of the Website or Symptoma DHA or your breach of these Terms, to the extent permitted by law.

7.4. Without prejudice to further rights or remedies, any culpable violation of sections 6.7 or 7.2 (including, without limitation, bulk scraping, unauthorized copying, commercial redistribution, or integration into third-party products or services without permission) shall result in a contractual penalty of EUR 500,000 per violation, if and to the extent permitted by applicable law.

For the purpose of this clause, “per violation” means each distinct breach of the prohibited actions listed in sections 6.7 or 7.2. Where a violation is continuous in nature (e.g., ongoing unauthorized integration or systematic data extraction), each calendar month of continuation shall be deemed a separate violation. A partial month counts as a full month.

The contractual penalty shall become due and payable immediately upon notice of the violation, irrespective of actual damages. The enforcement of further claims for damages remains unaffected; any penalty already paid will be offset against such additional claims.

The contractual penalty shall be subject to judicial moderation only where mandatory law so requires.

Without prejudice to damages, the aggregate contractual penalties for the same course of conduct shall not exceed EUR 5,000,000.

In addition, Symptoma may seek injunctive or other equitable relief to prevent or stop any actual or threatened violation of sections 6.7 or 7.2.

7.5. Our response to breaches is not limited to the above; we may take any action available under these Terms and/or applicable law.

8.1. If you no longer agree to these Terms or the Privacy Policy, stop using the Website, Symptoma DHA, and any related services.

8.2. You may stop using the Website or Symptoma DHA at any time. If you disagree with changes to features or to these Terms, you must stop using the services.

8.3. If we terminate our agreement with you, we will provide two weeks’ notice.

8.4. Either party may terminate for cause. Good cause includes (without limitation) breach of material provisions (in particular 7.2) or indications of misuse. Where justified and if no less severe measure is effective, we may block access without notice, if technically feasible.

8.5. If your access ends, we will delete any personal data you voluntarily provided to us in other contexts (e.g., support emails) in accordance with our Privacy Policy and applicable law. Our right to use de-identified data under section 3.2 remains unaffected. All previously granted access rights end.

Note: the consumer service does not require personal data.

9.1. Any symptom or health information you provide and receive through the Website or Symptoma DHA is for information purposes only and provided as is, without warranty, guarantee, or representation.

9.2. Do not act on information from the Website or Symptoma DHA without first consulting a doctor or other medical professional. Symptoma DHA does not provide medical diagnoses or treatment decisions. Always seek advice from a qualified healthcare professional.

9.3. Due to the nature of the internet and technology, we do not promise uninterrupted, delay-free, fault-free use, or that the Website or Symptoma DHA will always meet your expectations. We assume no performance or availability obligation and expressly exclude strict liability for defects existing when the usage agreement was concluded.

9.4. NO WARRANTIES. To the maximum extent permitted by applicable law, use of the Website and Symptoma DHA is at your own risk. The services are provided without warranties of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from the Website or Symptoma DHA creates any warranty not expressly stated herein. Without limiting the foregoing, Symptoma and the Symptoma Parties do not warrant that content is accurate, reliable, or correct; that the Website or Symptoma DHA will meet your requirements; that the Website or Symptoma DHA will be available at any particular time or location, uninterrupted or secure; that defects or errors will be corrected; or that the Website or Symptoma DHA are free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of this Website or Symptoma DHA is downloaded at your own risk, and you are solely responsible for any damage to your property or loss of data resulting from such download.

9.5. LIMITATION OF LIABILITY AND DAMAGES. To the maximum extent permitted by applicable law, your sole remedy for dissatisfaction with the Website or Symptoma DHA is to stop using them. Under no circumstances shall Symptoma or the Symptoma Parties be liable for damages arising from your use or inability to use the Website or Symptoma DHA, whether based on warranty, statute, contract, tort, strict liability, negligence, or any other legal theory, including (without limitation) direct or indirect, special, incidental, reliance, consequential, exemplary, or punitive damages; personal injury/wrongful death; lost profits; goodwill; or damages from lost data or business interruption. Where applicable law does not allow a disclaimer or limitation, the scope and duration of any warranty and the extent of our liability shall be the minimum permitted by such law.

10.1. Links to third-party websites or resources (if any) are provided for information only.

10.2. We do not control third-party content and are not liable for the content of such information or websites, including where displayed within frames. We are not liable for financial or physical damages arising from your use of such websites or resources.

10.3. Where Symptoma DHA is accessed via Symptoma Partners, availability depends on those websites/apps. When accessed via partners, information about the applicable controller(s) and privacy terms is provided at the point of access. These Terms govern your relationship with Symptoma, not with Symptoma Partners. Partner terms may apply in addition to (and not in replacement of) these Terms.

11.1. We continually improve the Website and Symptoma DHA to keep pace with technology and user behaviour.

11.2. We may add, modify, or remove features, reset parts of the service, or suspend service or support for certain features. Where legally required and technically feasible, we will provide appropriate notice on the Website. Minor changes that do not materially affect the overall service do not entitle you to any claims.

11.3. Updates necessary for usability may be released by us or third parties. You may need to update third-party software.

We may update these Terms from time to time. The current version is posted at symptoma.com/en/terms. By continuing to use the Website or Symptoma DHA after the effective date stated at the top of the Terms, you accept the changes. If you do not agree, you must stop using the services. An effective date is shown at the top; prior versions are archived and available upon request.

The current version of these Terms and Conditions contains all provisions governing our contractual relationship. Prior versions are fully superseded.

14.1. These Terms are governed by Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in the EU/EEA/UK, you also enjoy the protection of mandatory provisions of your local law.

14.2. The courts of Austria have jurisdiction for disputes arising out of or in connection with these Terms. Mandatory consumer venue rules remain unaffected. For business users, the exclusive venue shall be Vienna, Austria, without prejudice to mandatory consumer venue rules.

15.1. We may communicate with you electronically (e.g., via the Website or by email).

15.2. We may publish notices to you on the Website regarding the use of the Website or Symptoma DHA, where available.

15.3. Failure to enforce a right is not a waiver.

15.4. If any provision is void or unenforceable, the remainder stays effective.

15.5. There are no third-party beneficiaries to these Terms.

15.6. System records and technical logs generated by the Website (which do not contain personal data for the consumer version) may be used as prima facie evidence of interactions, timestamps, transmitted data volumes, agreements, and payments between the parties.

15.7. We are not liable for delays or failures caused by events beyond our reasonable control, including strikes, lock-outs, government actions, outages of telecommunications or third-party gateways, or network provider disturbances.

15.8. Except for updates made under section 12, any modification or waiver must be in writing (email suffices) and issued by Symptoma.

15.9. Sections 3.2, 6.5–6.9, 7.2–7.5, 8.5, 9, 10, 13, 14, and 15 survive termination or expiration of these Terms.

15.10. You represent that you are not subject to sanctions and will not use the Website or Symptoma DHA in violation of applicable export control or sanctions laws.

15.11. You may not assign or transfer your rights or obligations under these Terms without our prior written consent.

15.12. Symptoma medical database is partly based on MEDLINE/PubMed, a database of the U.S. National Library of Medicine (NLM). NLM represents that its data were formulated with a reasonable standard of care. Except for this representation, NLM makes no representation or warranties, expressed or implied. This includes, but is not limited to, any implied warranty of merchantability or fitness for a particular purpose, with respect to the NLM data, and NLM specifically disclaims any such warranties and representations. The data available on symptoma.com may not reflect the most current and accurate biomedical/scientific data available from NLM.

NLM data are produced by a U.S. Government agency and include works of the United States Government that are not protected by U.S. copyright law but may be protected by non-US copyright law, as well as abstracts originating from publications that may be protected by U.S. copyright law.

NLM assumes no responsibility or liability associated with use of copyrighted material, including transmitting, reproducing, redistributing, or making commercial use of the data. NLM does not provide legal advice regarding copyright, fair use, or other aspects of intellectual property rights. Persons contemplating any type of transmission or reproduction of copyrighted material such as abstracts are advised to consult legal counsel.

16.1. General enquiries: [email protected].

16.2. Privacy matters (including data subject requests): [email protected]. You also have the right to lodge a complaint with a supervisory authority.