General terms and conditions of use for the Assura symptom checker


1. Introduction

These general terms and conditions of use (GTC) govern the use of the Infermedica Triage symptom checker tool (hereinafter Triage) available via the Assura mobile application (hereinafter App) and, where applicable, the customer portal or any other digital carriers of Assura Group.
These GTC apply in addition to the client portal contract and participation conditions in the client portal, as well as the general terms and conditions of the App. These legal documents apply to Triage unless indicated otherwise below.
Any person who accesses and/or uses Triage (a User) acknowledges having read, understood and accepted these GTC.

2. Producer

The producer and owner of Triage is the company Infermedica spółka z ograniczoną odpowiedzialnością, headquartered at Plac Solny 14/3, 50-062 Wrocław, Poland (Infermedica). The importer and authorised representative of Infermedica in Switzerland are referenced in the Triage documentation.
By allowing Users to access Triage remotely via the App the customer portal or any other digital carriers, Assura – represented here by Figeas SA, acting in the name and on behalf of Assura SA et Assura-Basis SA (hereinafter Assura) – participates solely as the distributor of the Triage tool. Infermedica is solely responsible for the accuracy of the medical content of the symptom checker function, resulting recommendations for action and related information.

3. Nature of Triage and important medical information

Triage is a medical device regulated by Swiss and European legislation and registered in Class I of the EU Medical Device Directive on medical devices named “Healthform”, “Symptom Checker” and “Triage”. It is designed for educational and informative purposes solely and provides information to help with decision making based on the symptoms reported by the User. Triage does not give a medical diagnosis and is not to replace the evaluation of a healthcare professional under any circumstances.
Please read the following information carefully. Triage may only be used for informative and educational purposes and may not, under any circumstances, be used or considered as advice, a consultation or a diagnosis equivalent to what a doctor would provide. Triage is not a substitute for a medical consultation, a diagnosis or any other medical service.
The User is expressly informed that:
  • Triage must not be used in urgent situations. In an emergency, the User must immediately stop using Triage and contact their local emergency services.
  • Triage does not constitute a medical opinion, consultation or diagnosis, and must not be used as a basis for a self-diagnosis or medical treatment.
  • All information obtained via Triage, whether results or suggestions, does not under any circumstances replace a visit or medical consultation.
  • The User must never reject a professional medical opinion or cancel a medical appointment on the basis of information provided by Triage.
  • The consumption of medicine or other pharmaceutical products must be based on medical advice or a pharmacist’s recommendation.

4. Access conditions

Any person who wants to use Triage must be insured with Assura-Basis SA and/or Assura SA, have a customer portal account at Assura, must be validly authenticated via the App or the customer portal, and must have accepted these GTC.
Use of Triage is reserved for persons of majority age who can use it either for themselves or for a third-party beneficiary, such as a child or adult in care.
To use Triage, the User must have appropriate equipment and a stable internet connection. Assura is not responsible for any technical limitations or the failure of Triage in the event of insufficient equipment or connection.

5. Intended use

The user manual (instruction manual) is provided in the tool itself.
The User undertakes to use Triage in compliance with these GTC and the user manual.
The User is in particular not authorised to:
  • use Triage for something other than its defined purpose outlined in ‎3 above;
  • copy, reproduce, modify, extract by crawling or another similar technology (notably data scraping), republish, distribute, make available or divulge to a third party, all or part of Triage or its contents;
  • to proceed with a reverse compilation, reverse engineering or try in any other way to access information which is not freely available or is not supposed to be detectable by users (such as underlying logic or source code). Although Triage is also registered as a medical device in the European Union, use thereof via Assura services is authorised solely from Switzerland.

6. Insurance conditions

The User is responsible for ensuring that the recommendations from Triage conform to the specific conditions of the written insurance. The User may not use information from Triage to justify a violation of their insurance conditions.

7. Disclaimers

To the extent allowed by law, Assura declines (for itself, the producer and any involved third party) all responsibility in the event of misuse of Triage by the User or if the User takes decisions based solely on information provided by Triage without consulting a healthcare professional. Moreover, Assura is not responsible for any losses resulting directly or indirectly from the use of Triage, notably in the case of inaccurate or incomplete results.
  1. 1.Modifications to and restriction of functions
Assura reserves the right to suppress, limit or modify the Triage functions at any time, without notice. These modifications may include, but are not restricted to, Triage updates, changes in the services provided or the complete cessation of Triage.

9. Data protection

Triage is operated by the company Infermedica, which is an independent third-party company in the Assura Group. Assura has implemented measures to ensure compliance with data protection legislation. In particular, Assura only transmits to Infermedica the age and sex of the User, excluding all information which could directly identify the User. It is incumbent on the User to not divulge supplementary information, which could lead to their identification. Infermedica can use data provided to it to deliver and improve its service, in accordance with its regulatory obligations and for statistical purposes.
Assura collects the following personal information about the User when using Triage:
  • the fact that they used Triage and whether they completed the process or not;
  • the recommendation given by Triage at the end of process, if applicable;
  • certain items of technical information pertaining to the User, such as the IP address from where the User connects to Triage; and
  • the declared intention whether to consult a healthcare professional or not.
Assura, on the other hand, has no access to other information communicated by the User on Triage, notably the description of their symptoms.
Assura may use the information thus gathered for statistical purposes or to manage its relationship with the insured parties, notably to give them advice on the applicable insurance conditions.
Furthermore, the Assura privacy policy (in French, German and Italian) applies.

10. Intellectual property

Assura and its licensors hold all copyrights and all intellectual property rights pertaining to Triage. It is notably strictly forbidden to copy any content from the tool.

11. Reporting problems

The User may inform Assura of any malfunction issues encountered while using Triage via symptom-checker@assura.ch

12. Final provisions

These GTC are subject to modification by Assura at any time. The User shall be informed of any major modification. The continued use of Triage following such modifications constitutes acceptance of the new GTC by the User.
Swiss law is solely applicable for any conflict connected to the use of Triage. The exclusive place of jurisdiction is Pully.
The contractual provisions mentioned under ‎1 above apply mutatis mutandis.
These terms and conditions enter into force on 20th September 2024