Terms of use for service providers

These terms of use regulate the conclusion, content and execution of contracts between Bluespace Ventures AG (‘Bluespace’), as the provider of the health platform Compassana, (‘Compassana’) and healthcare professionals who enter into interactions and legal transactions with Compassana users and purchase services provided by Bluespace for this purpose (‘Service Providers’).

The type of services, remuneration for them and prerequisites are regulated in the contract document. References may be made to other documents in these terms of use.

Compassana is a platform provided by Bluespace, with applications and services that make it possible to create a user account and then use that to process and store personal health data and other personal data (e.g. information, documents) in one location in electronic format and also to share it with selected healthcare professionals.

In addition, other services are available via the platform, such as requests for medical data from healthcare providers or booking consultation times with healthcare providers and communicating with them.

Bluespace uses the latest digital technology to identify users so that it is possible to access data and the available services at any time in a transparent manner and these can be made available independently.

In this process, Bluespace acts purely as a provider of the platform and as an intermediary for the external services incorporated in the platform. Under no circumstances is Bluespace to be considered the provider of the offers and services available via the platform. The usage contract for each of these offers and services is concluded exclusively between the user and the respective third-party provider; the terms of use of each provider will apply.

The platform is not a medical device and its use is in no way intended as a substitute for in-person medical consultation and treatment. Users should not use the information on the platform to create independent diagnoses or for the selection, application, alteration or ending of treatments for illnesses. If users have health issues, it is recommended that they visit a specialist. Bluespace will not be held liable for the services provided via this platform.

The Service Provider undertakes to pay the remuneration agreed in the contract document. Bluespace is entitled to adjust the prices unilaterally at the beginning of a new calendar year with a notice period of four months. If Service Providers do not agree with the price adjustment, they can terminate the contract prematurely at the time of the price adjustment, with a notice period of three months being required for the termination.

The Service Provider must pay all invoices strictly net within 30 days of the invoice date to the account specified by Bluespace.

Compassana holds all intellectual property rights and other rights to these, such as trademarks, names, titles, logos, images, designs, texts and other materials are owned exclusively by Bluespace or a contractual partner of Bluespace. No rights (rights of use, intellectual property rights, etc.) are acquired by accessing, downloading or copying content from the platform. Reproducing (in whole or in part), transmitting (electronically or by any other means), modifying, linking to or using the platform for any public or commercial purpose is prohibited without Bluespace’s prior written consent.

Bluespace provides the Compassana platform without any assurance of certain properties and without any promise or guarantee regarding independent use.

The information published on Compassana can be changed at any time and without prior notice. Bluespace assumes no liability (either express or implied) for the information published on Compassana being correct, complete and up to date.

Bluespace does not guarantee that Compassana will operate uninterrupted or error-free. If possible, Bluespace will inform users in advance of planned maintenance measures that may restrict operation.

Bluespace reserves the right to discontinue and/or change any offers available from Compassana at any time.

Bluespace accepts no liability (including liability for its auxiliary persons, employees, suppliers and subcontractors:) for all claims arising from or in connection with the use of the Compassana platform and the legal transactions concluded via the Compassana platform to the maximum extent permitted by law, in particular for slight negligence and damages due to transmission errors, technical defects, interruptions or disruptions.

Bluespace will not be held liable in any way for the availability of a service or for the creation of a communication mediated by it, for any consequential costs resulting from the use of a service (such as the creation of a treatment order) or for availability being delayed or restricted or for there being no availability.

To the extent permitted by law, Bluespace assumes no liability for collateral, indirect damages or economic consequential damages, loss of profit, loss of business, loss of sales, or missed savings.

If there are links to Compassana on third-party websites, Bluespace will in no way be held liable for the correctness, completeness, and legality of the content of such websites.

The internet is an open network accessible to everyone and is therefore generally not considered a secure environment. Although the individual data packets are transmitted strictly in encrypted form, this may not apply to the sender and the recipient. Bluespace will not be held liable for the security of data during transmission via the internet.

Bluespace processes your personal data in connection with the use of Compassana and the services offered via Compassana in accordance with our privacy policy. This explains how personal data is handled and explains what categories of personal data are processed for what purpose, whether and how it is passed on and the rights that data subjects have with regard to their personal data. The privacy policy is available online here. The Service Provider accepts the processing of personal data in accordance with the privacy policy. 

The Service Provider agrees to receive service-related notifications that are important and helpful with regard to the use and operation of the Compassana service: This includes, for example, notifications in which Bluespace provides notification regarding requests to exchange information with other platform participants, service-related and operational conditions, product innovations relevant to operation and security incidents.

The Service Provider agrees to receive further relevant information that may be of interest from Bluespace and its service partners via the newsletter. This information is distributed in an email newsletter. This subscription to the newsletter can be cancelled at any time. Information on this can be found in each newsletter.

Bluespace reserves the right to adjust these terms of use at any time without stating any reason. In these cases, Bluespace will inform the Service Provider about the changes. After an appropriate transitional period of at least three months, the new version of the terms of use will apply, and if the Service Provider makes no objections within this period, the Service Provider will be deemed to have accepted these changes. Otherwise, Bluespace can terminate the agreement extraordinarily. All other changes to these terms of use or agreements deviating from them must be in written form.

The term of the contract begins with the signing of the contract document by both parties.

Unless there is a different provision in the individual contracts, Bluespace and the service provider can terminate the contract at any time with a notice period of three months to the end of the calendar year.

Bluespace can terminate the agreement extraordinarily if the Service Provider does not remedy a breach of contract even after a warning and the setting of a reasonable period of at least ten days.

The remaining provisions will remain unaffected if individual provisions are ineffective.
These terms of use are subject to Swiss law. The exclusive place of jurisdiction is Zurich.