Terms & Conditions

Last updated: 13 June 2026

These Terms & Conditions (“Terms”) describe the terms on which Health Data Safe Foundation, Switzerland (“We”, “Our”, “Us” or “HDS”) provides access to and use of the Health Data Safe Platform (“HDS Platform”) and the Health Data Safe website at https://www.healthdatasafe.org (“HDS Website”). Together, the HDS Platform and HDS Website are referred to as the “Service”.

The Service is provided in support of HDS’s not-for-profit mission to give individuals control over their health data. Access to and use of the Service is subject to Your full compliance with these Terms.

These Terms do not apply to services provided by third parties, including when such services are provided as part of, or integrated with, the Service.

1. Acceptance of the Terms

By registering for the Service, You become a registered user (“Registered User”) and You agree to be bound by these Terms. If You do not agree, please refrain from using the Service.

HDS reserves the right to make changes to these Terms and/or to the Privacy Policy accessible at https://www.healthdatasafe.org/users/privacy (the “Privacy Policy”). When the Terms are modified, the new version will be made available on the HDS Website. The User has the right to accept or decline the changes. If the User declines, they will be given the opportunity to export their data, and their account will then be deleted. Without action from the User within 30 days, the new Terms will be considered as accepted.

2. Registered Users

The use of the Service may be limited to Registered Users. To become a Registered User, You need to create a User Account. By registering, You represent and warrant the following:

a. You are at least thirteen (13) years old. If You are below the age of majority in Your country of residence, You confirm that Your parent or legal guardian has consented to Your use of the Service to the extent required by applicable law;

b. The information You provided as part of the registration process is accurate and not misleading, and will be kept updated;

c. You are entitled to access and use the Service according to any laws and/or regulations that may apply to You;

d. You may not transfer or share Your User Account with anyone;

e. You are solely responsible for maintaining the confidentiality of Your User Account credentials, and for any activity that may occur through Your User Account.

3. Right to Access and Use the Service

HDS grants You a personal, limited, non-exclusive, non-transferable, non-assignable right to access and use the Service in accordance with these Terms.

You acknowledge that HDS may temporarily limit access to, or availability of, part or all of the Service for technical maintenance, updates or support. HDS will make reasonable efforts to schedule such interruptions outside peak usage times and to communicate them in advance where possible.

HDS reserves the right to take any measure it finds appropriate in case of a breach of these Terms or to protect the integrity and performance of its systems, including but not limited to suspending or terminating access to the Service.

4. Representations and Warranties

You represent and warrant that the Service will not be used in violation of any law, regulation or rights of third parties.

While HDS strives to provide a reliable Service — hosted by default on servers located in Switzerland under Swiss data protection law (see §5 regarding alternative hosting locations You may choose) — HDS does not warrant that the Service will be uninterrupted or completely error-free, nor make any specific representations regarding the fitness of the Service for any particular medical, clinical or research use. The Service is a tool to help You manage Your health data and is not a substitute for professional medical, clinical or legal advice.

HDS makes no representations that the Service is appropriate or available for use in jurisdictions other than Switzerland. Those who access or use the Service from other jurisdictions do so on their own initiative and are responsible for compliance with applicable local laws.

5. Your Data, Hosting Location and Your Responsibility

Your health data belongs to You. By default, HDS stores it on Your behalf on servers located in Switzerland, under Swiss data protection law, in accordance with the Privacy Policy.

Where the Service offers a choice of hosting location, You may select a region other than Switzerland (for example, the European Union or the United States). If You do so, You acknowledge and agree that the data residency and data protection regulations of the chosen hosting jurisdiction will apply to the storage and processing of Your data — including, where relevant, the EU General Data Protection Regulation or applicable United States laws — in addition to the privacy commitments HDS makes in the Privacy Policy. Changing the hosting location may, in some cases, be irreversible without exporting and re-importing Your data.

HDS implements industry-standard practices to safeguard Your data regardless of the chosen hosting location, including encrypted transfer, controlled access, and routine backups. Nevertheless, You remain responsible for keeping Your own copies of any data You consider critical. The Service is intended to support, not replace, Your personal recordkeeping.

You may at any time export Your data, change Your hosting location (where the Service offers that choice), or request deletion, in accordance with the Privacy Policy and applicable data protection law.

6. Disclaimer and Limitation of Liabilities

The Service is provided on an “as is” and “as available” basis. To the maximum extent permitted by law, HDS expressly disclaims, and You waive, all warranties of any kind, whether express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose and non-infringement.

In no event shall HDS be liable for any direct, indirect, incidental, punitive or special damages, including, without limitation, damages for loss of business profits, business interruption, loss of business information, infringement of third party rights or loss or alteration of data arising out of Your access to and use of the Service. HDS shall bear no liability, except in cases of fraud or gross negligence.

HDS is not responsible for problems which result from the use of the Service in conjunction with software of third parties, or with hardware that is incompatible with the operating system or technical specifications of the Service.

Any legal proceeding based on or in connection with the Service must be instituted within three (3) months of the date the cause of action first accrued.

7. Indemnification

You will indemnify and hold harmless HDS from any award of costs and damages brought against HDS to the extent that it is (i) based on a claim regarding Your configuration or use of the Service; (ii) based on a claim regarding modification, translation, customization or localization of the Service by You; (iii) based on a claim regarding damage allegedly suffered as a result of or in connection with Your access to or use of the Service in violation of these Terms; or (iv) based on a claim regarding the infringement of rights of third parties in connection with Your use of the Service.

8. Intellectual property and third-party rights

You agree not to use the Service to store, transmit, publish or otherwise make use of content that infringes or violates third-party rights or applicable laws. HDS reserves the right to remove any content that, in its sole discretion and without prior warning, it estimates may infringe or violate third-party rights or applicable laws. HDS assumes no responsibility or liability for the content stored by Users.

You agree not to use the Service to store, transmit, publish or otherwise make use of content that includes or relates to third parties without ensuring You either (i) have been duly licensed or otherwise authorized to make the intended use of the content, or (ii) have obtained said third parties’ consent.

9. Privacy

Our Privacy Policy explains how HDS collects, processes, uses and discloses Personal Data related to You to provide the Service. Personal Data is further defined in the Privacy Policy, available at: https://www.healthdatasafe.org/users/privacy.

10. Termination

You acknowledge and agree that HDS may, in its sole discretion and without liability to You, with or without cause:

a. terminate Your access to the Service;

b. deactivate or delete Your User Account and all related information and files;

c. bar Your access to any files or to the Service.

Where reasonable and lawful, HDS will provide You with prior notice and the opportunity to export Your data before termination, except when termination is required to protect the safety, integrity or security of the Service or its other Users.

Termination of Your access shall immediately terminate Your rights under these Terms but shall not affect Your right to access and exercise Your data rights under applicable data protection law and the Privacy Policy.

11. Miscellaneous

Access to the Service does not establish a partnership, joint venture, franchise, or principal-and-agent relationship among the parties, and neither party shall have any authority to incur obligations or take other actions on behalf of the other party.

HDS shall not be liable for delays in its performance hereunder due to causes beyond its reasonable control, including but not limited to acts of God, general network break-downs, spread of viruses, acts of government or courts of law, civil unrest, fires, floods, explosions, earthquakes or other casualties, strikes or other labour troubles.

If any provision of these Terms is invalid, illegal, or unenforceable, the balance of the Terms shall remain in effect, and if any provision is inapplicable to any person or circumstance, it shall nevertheless remain applicable to all other persons and circumstances.

HDS cooperates with government and law enforcement officials and private parties as required by law. We will disclose information about, and Personal Data related to, You to government or law enforcement officials or private parties only if we have to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of HDS, to protect the safety of the public or any person, or to prevent or stop any activity we consider to be illegal or legally actionable. You will be informed of any such disclosure to the extent that HDS is not prohibited from doing so and deems it appropriate in its sole discretion.

12. Applicable law and jurisdiction

These Terms and all matters arising out of or relating to these Terms shall be governed by the substantive laws of Switzerland, without regard to principles of conflicts of laws thereof.

Any controversy, claim or dispute between a User and HDS arising out of or in relation to these Terms shall be subject to the exclusive jurisdiction of the ordinary courts of the seat of HDS Foundation.