Version from 20.04.2021
General Terms and Conditions (GTC) of CoverHealth GmbH, Basel (“Provider”), for the use of the online case management software “CaseDesk” (also referred to as “Service” or “Application”).
CaseDesk is offered in different versions. The following terms and conditions apply to all versions unless expressly specified otherwise. For the sake of simplicity, the masculine form is always used in these terms and conditions, see Ethics Disclaimer. This form applies mutatis mutandis to male*female in the same way. By registering a user account (hereinafter referred to as “account”), the user agrees to these GTC, see section Declaration.
The user receives the technical possibility and authorization to access the online service “CaseDesk” by means of an Internet connection. The legitimation for the use of CaseDesk is done by the authentication means (user name, password) provided by the provider. There is no legitimation by checking ID and/or signature.
The user’s data is stored on the provider’s external server and can only be accessed via login/password. The user is not authorized to run the software on his own server or workstation. The software may only be used for case management and may not be misused, for example to store documents that are not related to the case.
The means of authentication may neither be made accessible to third parties nor passed on. In the event of a violation of the prohibition of disclosure, the respective user shall assume all consequences resulting therefrom.
3. User, organization and license
Different cases can be managed per organization. Each organization has its own data. Access to the data of other organizations is excluded.
Each organization can only manage its own data with the participants of the case (clients, case managers, doctors, employers). When purchasing a case license, only one case can be managed at a time. Any number of licenses can be purchased. A license always runs for at least 12 months and is automatically renewed if it is not cancelled in writing 3 months before expiration. However, it is possible to manage different cases sequentially with the same license. If no case is used during the term of the license, the license continues to run. The number of users is not limited within the organization. Any number of case managers can be registered.
Each case has a maximum storage quota. The storage quota is valid per case, which are managed in the organization.
The storage space is occupied by the storage size of the database, the uploaded files, as well as backups created manually by the user. A backup again includes the storage size of the database and all uploaded files. Backups created automatically by the system are excluded from this calculation.
A case contains a maximum of 100MB. Additional storage space can be purchased separately.
5. Registration and usage
By registering with “CaseDesk”, the user receives an account for either the DEMO version or the PRO version. For the DEMO version there is no obligation to purchase and the user can use his DEMO account as long as the service “CaseDesk” is offered by the provider. The DEMO version may have limitations for data entry and limitations in functionality, so that only a certain number of data records can be entered or notifications or reports are not available.
The purchase of the PRO version requires a valid contract. An upgrade from a DEMO version to the PRO version is not possible, data will not be transferred for security reasons.
For the PRO account, the annual fee per license is charged in advance. The contract is limited to the end of the prepaid period and is automatically extended.
The annual fee per case includes all accounts including the storage space. If the case license is no longer needed, it must be cancelled, a full or partial refund is excluded.
The software is provided to the user in the most current version. The functionality of the software will be checked continuously, any software errors will be corrected within reasonable periods of time within the scope of technical possibilities. Access to older versions will not be granted.
The provider reserves the right to add new functions as well as to change or remove existing ones.
The external server is certified and the data traffic as well as the data storage is encrypted. The server location is in Switzerland.
User passwords are stored encrypted and cannot be seen by third parties. If the password is entered incorrectly several times, the account will be blocked for a short time before it is possible to log in again.
The user is responsible for periodic backups. Reports can be created for this purpose, which should be stored in a remote location.
9. Data protection
In case of deletion of an organization / data of the user, a backup copy will be kept and will be permanently deleted only after 30 days. Upon request, the user can have the organization deleted immediately by the provider.
10. Duties of the user
The user is obliged to protect his computer against viruses and to exercise caution when using the Internet. In the case of a compromised computer, it cannot be ruled out that unauthorized third parties may gain access to the password.
It is strongly recommended to access the software only from your own or checked trusted computers, while for security reasons access from unchecked foreign or publicly accessible computers (e.g. Internet cafes, etc.) is not recommended.
The e-mail address with which the user has registered must remain accessible during the term of the service and must not be invalid.
The User is prohibited from using the Service for unethical or illegal purposes, including but not limited to sending spam or mass mailings, uploading illegal material in any form, attempting to access the data of organizations for which the User has not received authorization, and harassing individuals.
The user is responsible for the content he/she enters on “CaseDesk”. This includes in particular the observance of data protection and the preservation of medical secrecy. Furthermore, the user agrees not to enter any content on “CaseDesk” that is discriminatory in any form. Violations of the agreement regarding content may result in sanctions such as a warning, blocking of the account or even exclusion from “CaseDesk”.
Furthermore, the user is generally prohibited from reselling the “CaseDesk” service to third parties unless there is a special agreement with the provider in this regard.
If a user does not fulfill his obligations, the provider reserves the right to block the service for the user and, if necessary, to delete his account. Any fees paid will not be refunded.
The support of the provider is provided by e-mail or on direct request in the program. Telephone support is not offered.
The support refers explicitly only to questions and problems in connection with the software “CaseDesk”, not to case management questions.
No binding response times for the support are defined for the provider.
In the event of defects in the PRO version of the software, the Provider shall be liable for direct damages, provided that the Provider is at fault. However, the liability is in any case limited to the simple amount of the last paid annual fee. Liability for consequential damages is excluded to the extent permitted by law.
Proper case management is the sole responsibility of the user. The Provider expressly disclaims any liability for defects in case management.
In the event of defects in the software in the DEMO version, the Provider expressly disclaims any liability, including but not limited to: software errors, data loss or data theft by attackers (hackers, viruses, etc.).
The contract between the provider and the user is subject to Swiss law. The parties agree that Basel (Switzerland) shall be the exclusive place of jurisdiction, whereby any mandatory places of jurisdiction shall remain reserved.
By logging in to CaseDesk, the user accepts the present agreement. The login by the user thus corresponds to his digital signature to this agreement.