General Terms and Conditions of Sale and Use (T&Cs) - January 2026

Definitions of the Parties

• The publisher : The company Dupraz Informatique Sàrl, Place de la Gare 9, 1260 Nyon, Switzerland.
• The Client : The healthcare professional or medical practice subscribing to the publisher's services for administrative and clinical management, acting as the Data Controller.
• The User : Any natural person accessing the services, whether just visiting or to schedule an appointment and consult their data.

1. Purpose of the Service and Sovereignty

The Provider provides the ErgoApp    software solution as a SaaS (Software as a Service).
All data is stored and processed exclusively in Switzerland, on servers managed by the publisher in secure data centers.

2. Financial Terms and Billing

• Subscription

  The service is billed monthly, pro-rated based on the selected usage period.

  A 50% discount on the license fee may be granted, upon express request from the user, if their activity volume is strictly less than 85 consultation hours per month.
  If the limit is exceeded during a calendar month, the license will automatically switch to the standard rate starting the following month.
  To benefit from the reduced rate again, the user must submit a new request proving that their activity has fallen below the required threshold.

• Enable Renewal

  Automatic renewal is not active by default.

• Freelancer Management

  Independent users can enable or disable automatic renewal at any time via a button (Active/Inactive) in their interface.

• Practice Management

  For organizations employing multiple staff members, renewal is managed by defining license start and end dates for each employee.

• Automated Billing

  If renewal is active (or if a license period is defined), the system generates the corresponding invoice on the first of each month via an automated process.

• Data entry responsibility

  The Client is solely responsible for configuring their renewal options and entering license dates.
  Any configuration error by the Client will not result in any manual correction or refund after the invoice has been issued.

3. Service Suspension and Unpaid Balances

Payment default
Access to services is subject to the payment of associated invoices. In the event of non-payment by the due date, the product sends reminders electronically. Administrative management fees may apply starting from the second reminder. Failure to settle the balance may result in the publisher activating a paywall, requiring payment by card upon login attempt.

End of contract
If the Client has paid all their invoices but decides not to renew their subscription, their account will automatically switch to Read-Only mode. In this case, the Client retains free access to their data for consultation and export, without a predefined time limit, in accordance with their legal retention obligations.

4. Availability, Maintenance

The publisher aims for 99.5% availability per year (equivalent to 1.84 days of downtime per year).

Maintenance exclusion
Interventions necessary for security and data integrity are performed during off-peak hours and do not constitute a compensable service interruption.

Bug exclusion
The existence of software anomalies ("bugs"), display errors, or minor malfunctions that do not affect the overall availability of the service does not constitute a breach of the SLA. Point 8 provides more detail on the support section.

No special technology is required to use ErgoApp   . A recent web browser (less than 5 years old) is sufficient.
The Client/User is responsible for using modern and up-to-date computer hardware and web browsers.

Since the service is provided via the internet, the Client/User is solely responsible for the configuration, maintenance, and security of their IT environment.

5. Data Protection and Medical Confidentiality

The editor is bound by a strict confidentiality clause regarding professional medical secrecy according to Art. 321 of the Swiss Criminal Code.

The publisher implements the technical and organizational measures (TOMs) detailed in the Data Processing Agreement (DPA) and the Data Protection Declaration (DPD). The publisher guarantees the integrity and availability of the data in accordance with the commitments made in these documents.

6. Data Reversibility (Exports)

The Client may export their lists (Patients, Calendars, Treatments, Invoices, Prescribers) in Excel/XML/PDF formats at any time using the integrated tools.

The export of attachments (images, X-rays, documents) must currently be performed manually by the Client. Assisted bulk export may be billed via a specific quote.

7. Intellectual Property and Force Majeure

Property
Access to the service does not entail any transfer of ownership rights to the source code, interface, or algorithms of ErgoApp   , which remain the exclusive property of the Provider.

Force Majeure
The publisher cannot be held liable in the event of unpredictable and external events (e.g., global cyberattacks, major failure of third-party electrical or telecommunications networks).

System Integrity and Security
The Client or any Third Party is strictly prohibited from attempting to bypass, disable, or modify the security measures or technical limitations of the service.
The following are notably prohibited:
Any attempt to modify the source code (JavaScript, CSS, etc.) via the browser or third-party tools to obtain features not included in the subscription.
Any reverse engineering, decompilation, or vulnerability scanning activity without the prior written authorization of the Provider.
Any use of automated tools (bots, scripts, scrapers) to extract data or overload the service.
Any violation of this clause will result in the immediate termination of the contract without notice and without refund, and may lead to criminal prosecution (specifically under Art. 143bis of the Swiss Criminal Code regarding unauthorized access to a computer system).

8. Technical Support

Support for the operation of ErgoApp    is included. We aim to respond within 24-48 hours (business days). Priority is given to requests made through the product's integrated incident management system.

The publisher strives to fix identified bugs as quickly as possible, but cannot guarantee a fixed resolution timeframe for them. They cannot be held liable for inconveniences caused by a software bug that does not prevent the fundamental use of the service.

Out of Plan (IT Expertise)
Any support not directly related to the software (local network, printers, outdated browsers, virus removal) is not included.
We have the in-house expertise to assist you with these points. Should this occur, the situation may be handled either as a courtesy support or as a billable service. In the second case, the Client will be notified in advance.

9. Product Evolution

ErgoApp    is standardized software that evolves for all users. Customer suggestions are welcome; however, they do not create any obligation regarding development, results, or deadlines for the publisher.

If a Client requests an exclusive or priority feature not included in the standard version, this can be discussed. It will then be subject to a feasibility analysis and a specific quote, billed separately. However, this exclusivity may be limited in time and integrated into the core product at a later date, subject to previously defined conditions.

Any development, even if funded by a Client, remains the exclusive intellectual property of the publisher.

10. Limitation of Liability

Ceiling
The publisher's total liability is strictly capped at the amount of fees paid by the Client over the last twelve (12) months.

Exclusion
No indirect damages (loss of earnings, commercial loss, diagnostic or billing errors by the healthcare professional) shall be eligible for compensation.

11. Evolution of Terms

The publisher reserves the right to modify these T&Cs. Customers will be informed via internal notification or email. Substantial changes (price, SLA) will be notified 30 days in advance. Payment of the following invoice constitutes acceptance.

12. Governing Law and Jurisdiction

This contract is governed by Swiss law. The exclusive legal venue is set in Nyon (VD), Switzerland.