General Terms and Conditions

I.    GENERAL PROVISIONS

Article 1. Scope and acceptance

1.1 Scope. These general terms and conditions of service (T&Cs) set out the terms of use of the services (Services) provided by Pure Lake Clinic SA (CHE-256.674.252), Grand-Rue 73, 1296 Coppet (we, our or Pure Lake Clinic) to our clients and users (you, your or the Client), including the provision of the eHealth digital platform (the Platform) and the services provided in that context (the Digital Services), as well as the ordering and purchase of products (the Products).

1.2  Acceptance. By subscribing to use the Services, purchasing a Product, creating an account, or logging into one, the Client expressly agrees to be bound by these T&Cs.

1.3 No other obligation. Pure Lake Clinic has no obligation to provide services or software that are not specified in these T&Cs or in a Subscription Plan signed by the Parties.

Article 2.Services

2.1 In general. Provided the Client complies with its obligations, in particular payment of the Fees in accordance with Article 5, Pure Lake Clinic agrees to provide the Client with the Services set out in these T&Cs and any subscription plan taken out (the Subscription Plan).

2.2 Overview of the Services. The Services comprise proactive medicine programmes of a defined duration, focused in particular on managing risk factors relating to stress, menopause symptoms and andropause symptoms. These programmes aim to delay the onset of disease symptoms through a personalised, preventive approach and do not, under any circumstances, replace conventional medical follow-up. The Services include the features, modules and limitations specified in the Subscription Plan.

These programmes may include, in particular:
-    Access to the Platform and the Digital Services;
-    The creation of reports and a personalised health profile (Star Profile);
-    The creation of a Personalised Proactive Plan (PPP);
-    The calculation of key health performance indicators (hKPIs);
-    Access to the Remote Clinical Support service (RCS);
-    The organisation and delivery of therapeutic and clinical interventions with therapists and specialists;
-    The dispatch of home kits for biomaterial sample collection and biological measurement equipment;
-    The prescription of dietary supplements in accordance with the care plan.

NO MEDICAL SERVICES. Pure Lake Clinic provides fitness and wellness restoration and maintenance Services, and expressly excludes any medical services in the strict sense. The Services do not constitute a medical diagnosis of disease, do not replace appropriate curative medical follow-up, and are not intended to treat diagnosed medical conditions. The Client must consult their treating physician or emergency services immediately in the event of a confirmed or suspected health problem.

2.3 Coordination with the treating physician. With the Client's agreement, Pure Lake Clinic may communicate with the Client's treating physician to ensure consistency of care. The Client undertakes to inform their treating physician of their participation in the programme.

The list of Services is liable to change frequently.

2.4 Support services. Pure Lake Clinic offers two types of maintenance and support:

2.4.1 Remote clinical support (RCS), which forms part of the care programme and is designed to strengthen the Client's adherence to their programme, available under an active Subscription Plan 6 days a week between 8am and 10pm via a communication solution.

Remote clinical support is provided by qualified healthcare professionals (registered nurses, dieticians, certified coaches) under medical supervision. The front-line medical team includes doctors specialising in preventive and anti-ageing medicine. In cases requiring further in-depth analysis, Pure Lake Clinic has access to qualified second-line doctors in cardiology, gynaecology, psychiatry and endocrinology, to whom the Client may be referred for an initial assessment.

2.4.2 Technical support for questions relating to accessing the Platform and administrative matters, provided by the clinic's administrative assistant, present in the office during opening hours: Monday to Friday, excluding public holidays, from 9am to midday and from 2pm to 6pm.

2.5 Diligence. Pure Lake Clinic undertakes to provide the Services to the best of its ability and to exercise the diligence and expertise required in accordance with standard professional rules and practices. In doing so, it is subject to a best-efforts obligation (an obligation of means, not of result).

2.6 Timeframes. Pure Lake Clinic will use its best efforts to provide the Services within the timeframes communicated. However, any agreed timeframes are purely indicative.

Article 3. Admission restrictions and contraindications

3.1 To be admitted to the programmes, the Client must meet the eligibility criteria determined by Pure Lake Clinic, in particular regarding target age, risk factors, willingness to commit to the programme and, where applicable, the treating physician's agreement. Pure Lake Clinic reserves the right to refuse admission to the programmes without justification, including, without limitation, in the following cases:

-    Detection of an undisclosed medical condition during the medical assessment (e.g. untreated cancer, psychiatric illness, confirmed addiction issues);
-    Insufficient motivation demonstrated during the Client's profiling; or
-    Failure to meet the required age and profile conditions.

3.2 If contraindications to the programme are discovered during follow-up, Pure Lake Clinic reserves the right to modify or discontinue the programme and to refer the Client to appropriate medical care.

Article 4. Term and termination of Subscription Plans

4.1 Entry into force. The Subscription Plan takes effect upon the Client's official acceptance by Pure Lake Clinic, following the clinic's assessment and the first payment.

4.2 Term and phases. The Subscription Plan is entered into for the initial term specified in it, or communicated by any other appropriate means by Pure Lake Clinic, and, in the absence of a specified term, for an initial term of 12 weeks (the duration of the care programme), subject to termination in accordance with this Article 4 (the Initial Term). Full Subscription Plans comprise several phases (e.g. Phase 1 (initial assessment and diagnosis), Phase 2 (implementation), Phase 3 (autonomy), Phase 4 (review)), which may vary depending on the subscription selected. Pure Lake Clinic may offer Subscription Plans limited to one or more phases of the programme, depending on the indications provided.

4.3 Renewal. At the end of the Initial Term, the Client may choose to renew their Subscription Plan for successive periods (each a Renewal Period), in accordance with the terms provided by Pure Lake Clinic, by making a request via the Platform and paying the specified Fee. The Services provided during each Renewal Period are those specified by Pure Lake Clinic, which are not necessarily identical to those provided during the Initial Term.

4.4 Early termination by the Client or in the event of incapacity. The Client may terminate their Subscription Plan via the Platform free of charge, in which case prepaid Fees corresponding to services not yet performed will be refunded:

(a) At the end of Phase 1 (completion of the initial assessment and diagnosis), without needing to justify the decision;
(b) At any time, if continued participation in the programme is no longer possible for medical reasons. A medical certificate may be required.

In all other cases, the Subscription Plan may still be terminated at any time, but this will not give rise to any refund.

4.5 Early termination in the event of the Client's death. The Subscription Plan automatically ends in the event of the Client's death. A refund of prepaid Fees corresponding to services not yet performed may be requested by the Client's heirs within 12 months of the death.

4.6 Termination by Pure Lake Clinic. Pure Lake Clinic reserves the right to terminate the Subscription Plan at any time:

(a) without needing to justify its decision, by notifying the Client (including via the Platform), refunding prepaid Fees corresponding to services not yet performed; or
(b) in the event of a breach by the Client of its obligations under the T&Cs, the Subscription Plan or any contract, in which case termination will not give rise to any refund.

4.7 Effects of termination. In the event of non-renewal or termination of the Subscription Plan, and in addition to the consequences described elsewhere in the T&Cs:

(a) Pure Lake Clinic will stop providing, and the Client will stop using, the Services;
(b) All rights of use and access granted to the Client under these T&Cs automatically end. All access to the Platform and login credentials are deactivated and deleted;
(c) The Client must permanently delete any part of the Platform and/or Content stored or installed on its IT systems, where applicable;
(d) The provisions relating to limitation of liability, confidentiality, data protection and payments, as well as any other provisions which by their nature are intended to survive, will survive.

Article 5. Financial terms

5.1 Fees. Fees set as a one-off flat fee and/or recurring amounts must be paid in advance and are non-refundable in the event of early termination (unless expressly stated otherwise). The Subscription Plan may provide for different payment terms. Fees relating to one-off services or arising from the Client's use of the Services must, unless otherwise stated in the Subscription Plan, be paid within 30 days of the date of the invoice issued to the Client.

5.2 Price. Unless otherwise stated, prices shown are in Swiss francs (CHF), excluding tax. Prices may be shown in foreign currencies based on the day's conversion rate, but payments are debited in Swiss francs.

5.3 No coverage under mandatory health insurance (LAMal). The Client is expressly made aware that the Services provided by Pure Lake Clinic are generally not covered by mandatory health insurance. The Client therefore bears sole financial responsibility for the Services, unless covered by the Client's supplementary insurance, which it is the Client's sole responsibility to verify before the Services begin.

5.4 Cancellation fees. The Client may cancel any appointment free of charge by notifying Pure Lake Clinic with at least 24 business hours' notice. In the event of late cancellation or failure to attend without medical justification, a penalty of CHF 500 (excl. tax) will be charged.

5.5 Payments. Amounts owed to Pure Lake Clinic are paid using a payment method accepted by the Platform. Cash payments are not accepted. In the case of payment by credit card, the Client authorises the card issuer to pay all amounts and authorises Pure Lake Clinic (or its billing agent) to debit the credit card account until the Subscription Plan is terminated in accordance with these T&Cs. The Client must provide current, complete and accurate billing and credit card information. The Client agrees to pay all collection costs, including administrative and legal fees, on any outstanding balance. In some cases, the bank or credit card issuer may charge foreign transaction fees or related charges, which the Client will be responsible for paying. Payment via another third-party payment service provider is subject to that provider's terms and conditions.

5.6 Set-off. Set-off of claims requires Pure Lake Clinic's prior written agreement.

5.7 Changes. Subject to the pricing terms agreed in an active Subscription Plan, Pure Lake Clinic may change the pricing of its Services at any time, for example by adding new Services for an additional fee, or by changing new subscription plans or Product pricing.

Article 6. Client duties and responsibilities

In addition to the other obligations set out in these T&Cs or the Services documentation, the Client shall comply with the following duties and responsibilities:

6.1 Payment of Fees. The Client must pay the amounts specified in the Subscription Plan or otherwise agreed with Pure Lake Clinic (Fees), in accordance with the payment terms set out in Article 5.

6.2 Accurate information. The Client warrants that all information it provides as part of the registration process, or otherwise, is truthful and accurate. The Client must keep this information up to date at all times.

6.3 Following instructions and active participation. The success of the programme is closely linked to the Client's full and active participation. The Client undertakes to actively follow the instructions and recommendations made by Pure Lake Clinic.

6.4 Equipment provided. Where Pure Lake Clinic temporarily provides the Client with equipment (including, by way of example, a Corsano bracelet, Ring, etc.), the Client must use it diligently and take care of it throughout the period it is provided. Where applicable, the Client is responsible for any loss, theft, destruction or damage to the equipment and undertakes to reimburse Pure Lake Clinic for the purchase price of the equipment concerned.

6.5 Compliance and restrictions. The Client shall comply with all laws and regulations applicable to the use of the Services, as well as the terms and limitations of any rights granted, as set out in these T&Cs or otherwise specified by Pure Lake Clinic. In particular, without Pure Lake Clinic's prior consent, the Client must not, whether during or after the term of the contractual relationship:

(i) use the Services for unlawful purposes;
(ii) use the Services on behalf of or for the benefit of third parties;
(iii) attempt to copy, modify, create derivative works from, publish, transmit, distribute, make accessible or otherwise make available to any third party all or part of the Services, the Content, the Platform or their infrastructure;
(iv) insert any malware into the Platform or its infrastructure;
(v) access or attempt to access the Platform's source code, whether through decompilation, reverse engineering or any other means, subject to mandatory law; or
(vi) use any part of the Services with a view to creating a competing product or service, or to copying their features or user interface.

6.6 Checks. The Services may include tools allowing Pure Lake Clinic to check the Client's compliance with these T&Cs.

6.7 Non-compliance. Without limiting any rights provided for elsewhere in these T&Cs, in the event of non-compliance with these T&Cs, Pure Lake Clinic reserves the right to deny the Client access to the Services, delete the Client's Account and/or terminate its Subscription Plan.

II.    PLATFORM AND DIGITAL SERVICES

This Part II of the T&Cs sets out (in addition to the other parts of the T&Cs) the Client's rights and obligations regarding the Digital Services, including access to and use of the Platform under the Subscription Plan taken out. Pure Lake Clinic has no obligation to provide services or software not expressly specified in these T&Cs or in a Subscription Plan.

Article 1. Right of use

1.1 In general. Provided the Client complies with all of its obligations, in particular payment of the Fees in accordance with Article 5, Pure Lake Clinic grants the Client, for the duration of the Subscription Plan, a revocable, non-exclusive and non-transferable right to access the Digital Services, including the Platform and the content made available by Pure Lake Clinic (the Content), and to use them in strict accordance with these T&Cs and the documentation provided by Pure Lake Clinic, with the features, limitations and restrictions communicated by Pure Lake Clinic.

1.2 Use. Unless otherwise stated in these T&Cs, the Client is expressly prohibited from using the Digital Services on behalf of or for the benefit of third parties, or from sublicensing them to third parties, without Pure Lake Clinic's prior express written authorisation. The Client may not modify or prepare derivative works of the Digital Services, nor copy or reproduce them. The restrictions set out in Article 6.5 also apply.

1.3 Status of the Platform. The Platform and the Digital Services do not constitute a medical device within the meaning of applicable regulations. They are provided for information, monitoring and coaching purposes only. The Platform is not intended to diagnose, treat, cure or prevent any disease, and must not be used as a substitute for professional medical advice.

1.4 Changes. The Client acknowledges that Pure Lake Clinic may make changes to the Platform or the Content, which may include changes to the layout or functionality of the Platform, and may remove any Content or change the Platform's features.

Article 2. Account and credentials

2.1 Account. To access and use the Platform, the Client must have created a personal account (the Account) and be logged into it. To create an Account, the Client must be of legal age, have capacity of judgement, pay the Fees due, and provide the information required during registration.

2.2 Credentials. If Pure Lake Clinic provides named credentials, these credentials must be used exclusively by the individual authorised users for whom they were issued, on behalf of the Client. If credentials are provided without specifying a particular user, they may be used by any Authorised User, always solely on behalf of the Client.

2.3 Confidentiality. The Client is responsible for the confidentiality of the credentials provided and must immediately inform Pure Lake Clinic of any loss or unauthorised disclosure of them, which will then be deactivated and replaced by Pure Lake Clinic.

2.4 Client infrastructure. The Client must obtain and maintain, at its own expense, infrastructure meeting the minimum requirements for using the Platform, as specified by Pure Lake Clinic in the Platform documentation (which may be updated by Pure Lake Clinic). This includes, in particular, a compatible mobile phone, an internet connection with a standard browser, and, where applicable, the installation and use of third-party applications (available via app download platforms) required for the Platform to function properly.

Article 3. Availability, maintenance and other services

3.1 Availability of the Digital Services. Pure Lake Clinic strives to maintain the availability of the Digital Services, without however guaranteeing their total availability.

3.2 Maintenance Services. As part of the provision of the Digital Services, Pure Lake Clinic undertakes to provide maintenance services for the Digital Services in order to identify and resolve issues that could negatively affect their proper functioning and availability (Maintenance Services). These Maintenance Services include repairs (correcting defects and errors to restore functionality) and upkeep (maintenance to preserve functionality).

Although Pure Lake Clinic continuously improves the Digital Services, the Client cannot claim, as part of the Maintenance Services, any development, adaptation or improvement work (evolutive maintenance), or any additional Services (which may, where applicable, be provided under Part III). Pure Lake Clinic will take into consideration any development requests made by the Client, but does not commit to carrying them out.

III.    ORDERING AND SALE OF PRODUCTS

The ordering and sale of Products through Pure Lake Clinic are subject to the provisions of this Part III (in addition to the other parts of these T&Cs), in the version in force at the time the Products are ordered.

Article 1. Products

1.1 Presentation. Products are described as accurately as possible, without warranty. Images shown are purely indicative, may differ from the final product, and have no binding contractual effect.

1.2 Availability. Product availability is not guaranteed. Orders are placed subject to availability. Any indication of a Product's availability on the Platform has no contractual value and remains subject to verification by Pure Lake Clinic.

1.3 Charges and costs. Product prices do not include delivery costs (which depend on the delivery method chosen), or any foreign taxes, customs duties, insurance costs and other charges, which are payable in addition. These will be shown at the time of payment for the order.

Article 2. Ordering and purchase

2.1 Order. Any order placed by the Client through Pure Lake Clinic's Services constitutes a firm offer on its part to enter into a contract with Pure Lake Clinic. The Client cannot cancel or modify an order once it has been placed. By submitting its order to Pure Lake Clinic, the Client firmly undertakes to pay the price shown on the order confirmation.

2.2 Confirmation. If the payment method provided by the Client is accepted, Pure Lake Clinic will receive the Client's order and check the availability of the Product ordered. If it is available, a confirmation email will be sent to the Client. If the Product ordered is not available, or if for any other reason the Client's order cannot be accepted, the Client will be informed by email and will no longer be bound by its order. A sales contract for the Product is only concluded once Pure Lake Clinic confirms the Client's order.

2.3 Changes. Pure Lake Clinic may be required to refuse, modify or cancel an order after confirmation for any reasonable reason. In this case, the Client will be informed of a partial delivery or the cancellation of its order. If the Client has already paid for certain products, Pure Lake Clinic will refund the Client the full amount for the Products concerned, as well as any delivery charges billed, as soon as possible. Pure Lake Clinic may also refuse an order in the event of a dispute relating to payment for the Client's previous orders, or in the case of abnormal orders or orders that Pure Lake Clinic suspects were not placed in good faith.

Article 3. Delivery and inspection

3.1 Delivery. Delivery times are given as an indication only. If the Client orders more than one Product, Pure Lake Clinic may make partial deliveries.

3.2 Transfer of risk. Risk and transport costs are entirely the Client's responsibility, and the Client acknowledges that Pure Lake Clinic bears no risk of loss, theft, delay or any other damage related to the delivery of the Client's order.

3.3 Inspection and acceptance. The Client must inspect the Products with all necessary care upon receipt and inform Pure Lake Clinic of any defects affecting them. If defects are not reported by registered letter within 7 calendar days of delivery at the latest, specifying the nature of the defects found, the Products will be deemed accepted. Defects that could not have been detected upon receipt (hidden defects) must be notified to Pure Lake Clinic by registered letter within 7 calendar days of their appearance, failing which they will be deemed to have been definitively accepted.

Article 4. Product warranty

4.1 Warranty. Products sold by Pure Lake Clinic are guaranteed by their manufacturer for the period specified by the manufacturer. To the extent legally permitted, Pure Lake Clinic provides no other warranty in relation to the new Products sold, the manufacturer's warranty, where applicable, being the only warranty that applies.

4.2 Warranty conditions and duration. The warranty is subject to compliance with the provisions of Article III.2.3 of these T&Cs regarding the notification of defects. The warranty start date is the date of delivery of the Products, which must be evidenced by the invoice for the product in question. The foregoing is without prejudice to any longer statutory limitation periods.

4.3 Exclusions. The following damage is excluded from the warranty under Article III.4.1 of these T&Cs, in particular: damage resulting from misuse of the Products, any breach of these T&Cs, any use contrary to the instructions of Pure Lake Clinic or the manufacturer or any unintended use, negligence, improper storage or preservation of the Products, accidents, defects resulting from the transport of the Products, as well as normal wear and tear.

4.4 Effect. If the warranty conditions are met, Pure Lake Clinic will replace the defective Product or, at its discretion, refund the price actually paid for the Product. To the extent permitted by applicable law, the warranty under Article III.4.1 of these T&Cs is exclusive and replaces and supersedes any other warranty or right the Client might claim in relation to the Products.

IV.    INTELLECTUAL PROPERTY AND DATA

Article 1. Client Data

1.1 Client Data. All documents, information and other data provided by the Client as part of the Services (Client Data) remain, as between the parties, the property of the Client.

1.2 Use of Client Content. The Client agrees that Pure Lake Clinic may use Client Data in order to provide or improve the Services, and to comply with applicable legal obligations. Pure Lake Clinic is also authorised to transmit Client Data to its partners, service providers, subcontractors and staff (including independent or employed doctors, mandated therapists, testing laboratories, etc.) to the extent necessary for the provision of the Services. Furthermore, always in compliance with applicable law, Client Data that has been anonymised or pseudonymised may be retained and reused for purposes unrelated to the Client, in particular to improve the technology used by Pure Lake Clinic, improve the PPP and personalised coaching, and for statistical analyses, studies and research activities, whether medical or not, in particular to demonstrate the impact of proactive medicine. Where required by law, Pure Lake Clinic will first seek the Client's informed consent before reusing the data.

1.3 Data security. Pure Lake Clinic undertakes to implement appropriate technical and organisational measures to protect Client Data against unauthorised access, disclosure, alteration or destruction. These measures include, in particular, encryption of data in transit and at rest, strict access controls, regular backups, and security procedures compliant with industry standards. Medical confidentiality, where applicable, is respected by all staff.

1.4 Warranty. The Client warrants:

(i) that it has the necessary rights and, where applicable, has obtained all authorisations and consents necessary for the processing of Client Data by Pure Lake Clinic in accordance with these T&Cs; and
(ii) that Client Data does not breach any applicable law or regulation or these T&Cs, and does not infringe any third-party right.
Pure Lake Clinic may remove any Client Data it considers to breach this warranty.

1.5 Access and return. The Client may, at any time, request a copy of its Client Data. The Client acknowledges that Pure Lake Clinic may be required to retain a copy of Client Data for legal reasons, even after the end of the contractual relationship.

Article 2. Pure Lake Clinic's intellectual property

2.1 In general. Pure Lake Clinic and its licensors own and retain all intellectual property rights (Intellectual Property Rights) in the Services (including the Platform and the Content), with the sole exception of Client Data. Nothing in these T&Cs constitutes an assignment or transfer of ownership to the Client.

2.2 Third-party claims. If a third party asserts claims against the Client or against Pure Lake Clinic relating to an infringement of its Intellectual Property Rights connected with the Client's or its users' use of the Services, or if Pure Lake Clinic has reason to believe that a third party may assert such rights, Pure Lake Clinic may, at its discretion and without obligation to do so:

(i) acquire the rights necessary to allow the Client to continue using the Services concerned, in accordance with these T&Cs;
(ii) change the Services concerned so that they no longer infringe the third party's rights;
(iii) replace the Services concerned at any time with other reasonably equivalent software or services; or
(iv) withdraw the Client's rights to access and use the Services concerned, in which case Pure Lake Clinic will reimburse the Client for any fees already paid in connection with the Services concerned (provided the Client is not at fault, and after deduction for use during the period of use), and the agreement will end solely in relation to the Services concerned.

Pure Lake Clinic's liability is otherwise excluded where third-party claims relate to acts or omissions of the Client or of third parties.

2.3 Remedy. The Client expressly acknowledges that any infringement of Pure Lake Clinic's Intellectual Property Rights is likely to cause irreparable harm to Pure Lake Clinic, for which damages alone would be insufficient, and that Pure Lake Clinic may therefore seek injunctive relief or any other remedy available in any jurisdiction.

2.4 Feedback. Pure Lake Clinic welcomes and appreciates any suggestions or ideas for improving or changing the website or the services (Feedback). Any Feedback the Client may provide to Pure Lake Clinic will be treated as non-confidential and may be freely used by Pure Lake Clinic, without any obligation to compensate or credit the Client.

Article 3. Third-Party Content

The Services may contain content and/or software components incorporated into or provided with the Services, developed, distributed and/or licensed by third parties (Third-Party Content). In such cases, the licence terms relating to this Third-Party Content apply in addition to these T&Cs, and the Client undertakes to comply with them. Pure Lake Clinic endeavours to identify any Third-Party Content in the Services documentation. Nothing in these T&Cs restricts, limits or otherwise affects any rights or obligations the Client may have, or any conditions to which it may be subject, under the open source licences of components provided with the Services.

Article 4. Data protection

Pure Lake Clinic has published a data protection statement, available at nfinityswiss.com/en/privacy-policy , describing how personal data is collected through the Services and for what purposes. This statement, as amended from time to time, forms an integral part of these T&Cs.

V.    FINAL PROVISIONS

Article 1. Warranties

1.1 Products. If the Products received do not match those ordered by the Client, the Client may exercise the rights described in Article III.4.

1.2 Services. The Services (including, for clarity, the Platform and the Content) are provided “as is” and “as available”. To the fullest extent permitted by law, Pure Lake Clinic gives no warranty in relation to them, whether express, implied or statutory, including any warranty of quality, fitness for a particular purpose, quiet enjoyment or non-infringement of third-party rights. In particular, Pure Lake Clinic does not warrant that the Services will meet the Client's requirements, that their operation will be uninterrupted or error-free, that the Services and the results obtainable from their use will be accurate or reliable, that the Services will always be available and will remain available without change, or that certain subscription models available at a given time will still be available at the end of the applicable subscription period.

1.3 Specific exclusions of medical liability. Health outcomes from the Services are not guaranteed. They depend, among other things, on the Client's adherence to the defined care protocols, as well as on genetic and environmental factors. Furthermore, Pure Lake Clinic disclaims all liability for:

(i) consequences resulting from the Client's failure to meet its active participation obligations;
(ii) medical conditions and emergencies not detected by the monitoring tools;
(iii) interactions with other undisclosed medical treatments;
(iv) complications resulting from the unauthorised discontinuation or modification of the programme.

1.4 Third-Party Content. The Services may contain content provided or maintained by third parties, or links to such content. These links are provided solely for users' convenience and do not imply that Pure Lake Clinic endorses this content. Pure Lake Clinic assumes no liability in this regard.

Article 2. Liability

2.1 Principle. Subject to the limitations below, Pure Lake Clinic is liable for direct, proven damage it causes to the Client through intentional breach or gross negligence.

2.2 Limitations. To the extent permitted by law, all other damage is excluded. In particular, without limiting the generality of the foregoing, to the extent permitted by law, Pure Lake Clinic disclaims all liability for any indirect, consequential and/or incidental damage or losses suffered by the Client and/or third parties, whether foreseeable or not, and whether or not Pure Lake Clinic was informed of the risk involved (this includes, in particular, the cost of procuring substitute products, services or technology, as well as the loss, damage or corruption of data, loss of profit, business or reputational harm, loss of a chance, etc.), regardless of the nature of the action or damage.

2.3 Acts of third parties. Pure Lake Clinic's liability is limited to the performance of the Services it provides (including through its employees and subcontractors) and does not extend to the services of third parties.

2.4 Use of the internet and connected devices. Use of the internet and connected devices carries risks, including interception, loss or alteration of transmitted data, technical malfunctions, data transmission errors, connectivity failures, and limitations on measurement accuracy. By using them, the Client accepts these risks and undertakes to report any malfunction immediately. Pure Lake Clinic disclaims all liability in this regard.

2.5 Liability cap. Under no circumstances will Pure Lake Clinic's total liability over a 12-month period exceed the amount of Fees actually paid by the Client for the Services during the 12 months preceding the event giving rise to the damage, to the extent such a limitation is permitted under applicable law.

2.6 Auxiliaries. The exclusions and limitations set out in this Article 2 extend to Pure Lake Clinic's directors, officers, employees, representatives, providers, subcontractors and auxiliaries.

Article 3. Miscellaneous

3.1  Translations. The original language of these T&Cs, and of all other text appearing on the Platform, is French. Any translation is provided for convenience only. In the event of any conflict between the original French version and any translation, the French version shall prevail.

3.2 Subcontractors. Pure Lake Clinic may use third-party providers and subcontractors to provide the Services. Pure Lake Clinic's use of subcontractors does not release it from its obligations under these T&Cs.

3.3 Severability. If any provision of these T&Cs is found to be void or ineffective for any reason, it shall be replaced by a provision producing legal and economic effects as close as possible to those of the invalid provision. In any event, the other provisions of the T&Cs shall remain in force and continue to apply.

3.4 Force Majeure. Neither Party may be considered in default if the performance of its obligations (except for payment obligations), in whole or in part, is delayed or prevented as a result of a force majeure event, such as a natural disaster of particular severity, war, epidemic, pandemic, riot, strike, hacking, or power or internet network failure, or any other cause reasonably beyond its control.

3.5 Amendment. Pure Lake Clinic reserves the right to amend these T&Cs, or to change the pricing of the Services. Pure Lake Clinic will notify the Client in advance, by email or any other appropriate means, of any material change to the terms directly affecting the Client. The Client's continued use of the Service after such notification will constitute acceptance of the T&Cs as amended.

3.6 No waiver. Any delay or failure by Pure Lake Clinic to enforce any provision of these T&Cs, in whole or in part, regardless of frequency or duration, shall not be considered a general waiver of that provision.

Article 4. Governing law and dispute resolution

4.1 Governing law. These T&Cs and all relations between Pure Lake Clinic and the Client are governed by Swiss law, excluding conflict-of-law rules and the Vienna Convention on Contracts for the International Sale of Goods.

4.2 Dispute resolution. Any dispute relating to these T&Cs, the Services, or the relationship between Pure Lake Clinic and the Client will be subject to the exclusive jurisdiction of the competent courts at Pure Lake Clinic's registered office. Notwithstanding the foregoing, nothing in these T&Cs prevents Pure Lake Clinic from seeking injunctive relief or any other remedy available in any jurisdiction in the event of a breach of its Intellectual Property Rights or the confidentiality provisions.

Article 5. Contact

For any questions regarding the Services or the T&Cs, the Client may contact Pure Lake Clinic at contact@nfinityswiss.com.