Ada Health’s Terms and Conditions

Last modified: April 23, 2021.

1. Welcome to Ada

1.1. Welcome to  Ada. The following terms and conditions (hereinafter referred to as “Terms and Conditions”) form part of the agreement between you and Ada Health GmbH (hereinafter referred to as “Ada”, “we”, “our” or “us”), the operator of a platform that gives you, (hereinafter referred to as “you”, “your” or “User”), access to our free health companion, symptom assessment utility and any related services. Our health companion offers many features such as the following: symptom checker together with personalized health information, symptom tracking functionality, and access to our medical database (“Medical Library”) powered by Ada’s unique artificial intelligence system.

1.2. The health companion is available via our web-based application (hereinafter called the “Website”). Ada has also developed a screening tool (hereinafter referred to as the “Screening Tool”) and related services. The Website and the Screening Tool, including any software, services or other technology the Website and the Screening Tool are respectively based upon, are hereinafter called the “Ada Platform”.

PLEASE NOTE THAT THE ADA PLATFORM DOES NOT MAKE ANY MEDICAL DIAGNOSES. PLEASE SEEK THE ADVICE OF A MEDICAL PROFESSIONAL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN CASE OF AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY. ALWAYS CONSULT YOUR DOCTOR OR ANOTHER QUALIFIED HEALTH CARE PROVIDER IF YOU HAVE ANY QUESTIONS REGARDING ANY MEDICAL ISSUES. YOU SHOULD NEVER DISREGARD A DOCTOR’S PROFESSIONAL ADVICE OR CANCEL AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD IN THE ADA PLATFORM.

1.3. The Ada Platform is operated by Ada Health, Inc.’s parent company, Ada Health GmbH, a company founded in Germany and registered with the Munich Local Court under the commercial register number 189710, with its registered office at Neue Grünstraße 17, 10179 Berlin, Germany. Ada Health, Inc. has obtained a license from its parent, Ada Health GmbH, to operate the assessment software (as updated by Ada Health GmbH from time to time) in the US.

1.4. If you wish to contact us, please email our Customer Service team at [email protected].

1.5. You must be at least 16 years old if you wish to use the Ada Platform. If you are under 18 years old, usage of the Ada Platform and your agreement to these Terms and Conditions require the consent of your legal guardian.

1.6. Your use of the full functionality of the Ada Platform requires your agreement to be bound by these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use or access any part of the Ada Platform.

1.7. Contract language is English.

2. The legal relationship between you and Ada

2.1. These Terms and Conditions apply to the use of the Ada Platform and contain the terms governing your use of the Ada Platform. It is important that you have read and understood the present Terms and Conditions in conjunction with our Privacy Policy before using the Ada Platform. If you have difficulty understanding any aspect of these documents, please contact us at [email protected] and we can explain what it means for you.

2.2. You may only use the Ada Platform if you agree to these Terms and Conditions. If you do not agree to these Terms and Conditions, you may not use the Ada Platform.

2.3. We will save the contractual text of the agreed Terms and Conditions. Beyond this, we do not assume any obligation with regard to the availability of the agreed terms to the User.

3. Information we collect about you

3.1. Protecting your privacy and any data relating to you (hereinafter referred to as “Personal Data”) is immensely important to us. For that reason, any of your Personal Data generated by the use of the Ada Platform will only be collected, stored and processed by us in compliance with the General Data Protection Regulation 2016/679 of April 27th, 2016 (“GDPR”). Please read our Privacy Policy to understand how, and for what purposes, we collect and use your information to provide you with the best possible service.

3.2. You hereby grant us the perpetual, worldwide, transferable, and sublicensable right to use data, which we have anonymized in line with applicable data protection law, in any manner, whether currently known or unknown. You acknowledge and accept that we own all right, title and interest in and to any data derived by us from such anonymized data.

4. The Ada Platform

4.1. The Ada Platform offers you the opportunity to find out what might potentially be causing your health issues. The Ada Platform uses a medical knowledge base to suggest possible causes for your symptoms (hereinafter referred to as the “Assessment Report”).

4.2. The Ada Platform is provided to you free of charge, and you are allowed to run an unlimited number of symptom assessments and Assessment Reports.

4.3. Please be aware that we provide the Ada Platform solely for information purposes. It is not a medical consultation. The Ada Platform is not a suitable substitute for medical advice obtained from your doctor, general practitioner or other health service provider.

4.4. The Ada Platform does NOT provide diagnoses for medical conditions, nor does it prescribe how you are to treat any medical issues you may have. This can only be done by consulting a medical professional (such as a general practitioner).

4.5. Ultimately, if you do have any medical issues related to the information that you entered into the Ada Platform, you are responsible for whether or not you decide to consult a medical professional and/or seek medical advice.

5. Your right to use the Ada Platform

5.1. The Ada Platform and all materials and content contained therein are our property or the property of the persons who have granted us the applicable license (this also applies to the third-party software listed in the Ada App). We grant you the right to use these materials and content, but only for the purposes of using the Ada Platform, for you personally or on behalf of another person always in accordance to these Terms and Conditions. If you use the Ada Platform for another person, you remain fully responsible for ensuring that the use on behalf of that person is permitted under privacy and other applicable legal requirements. In particular, you are obliged to collect applicable consent from that person and inform them about our Terms and Conditions and Privacy Policy.

5.2. We grant you the right to personally access and use the Ada Platform. You are prohibited from transferring this right to anyone else. Your right to access the Ada Platform does not preclude us granting other persons the right to access the Ada Platform.

5.3. Your right to use the name “Ada” or any trademarks, logos, domain names or other characteristic trademarks whatsoever is limited to the scope defined in these Terms and Conditions.

5.4. In return for your warranty to comply with these Terms and Conditions, we grant you a limited, non-transferable, non-sublicensable, personalized, non-exclusive, revocable right to access the Ada Platform under the conditions set forth in these Terms and Conditions or the Privacy Policy.

5.5. As the User, unless such behaviors are appropriately permitted in accordance with these Terms and Conditions or unless permitted under mandatory copyright law where necessary for the use of the Ada Platform in accordance with its intended purpose and/or indispensable to obtain the information necessary to achieve the interoperability with other programs, you undertake to refrain from the following:

  1. You, the User, agree not to replicate or copy the Ada Platform, either in whole or in part.
  2. You, the User, agree not to sell or otherwise make available the Ada Platform, either in whole or in part, to anyone else.
  3. You, the User, agree not to modify the Ada Platform, in whole or in part, in any way whatsoever.
  4. You, the User, warrant that you will not attempt to discover or access the source code of the Ada Platform, in whole or in part, unless it has been expressly published by us and released into the public domain.

5.6. You are aware that we, and/or the persons who have granted us a license in this respect, are entitled to any confidential information, rights of use, of exploitation and of recovery – and any other intellectual property rights fully or partially existing – regarding the Ada Platform.

5.7. Feedback/surveys. If you provide feedback, ideas or suggestions, or if you reply to surveys in connection with our Services (hereinafter referred as the “Feedback”), you acknowledge that the Feedback is not confidential and that you grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty free and unlimited license to use your Feedback in any way, for any purpose, and through any medium or technology now known or unknown, whether in whole or in part, and whether as modified or unmodified. We will always use your Feedback in compliance with those Terms and Conditions, our Privacy Policy and any other applicable laws.

6. Your use of the Ada Platform

6.1. In addition to the other provisions in these Terms and Conditions, this section defines certain regulations relating to the use of the Ada Platform (hereinafter referred to as “Regulations”).

6.2. The following is a list of activities that are prohibited in the context of using the Ada Platform. You are prohibited to:

  1. Circumvent, disable, or otherwise manipulate any of the Ada Platform’s security features or any features preventing or restricting the use or copying of the content that is available via the Ada Platform,
  2. Allow anyone else to use the Ada Platform on your behalf or in your place,
  3. Use the Ada Platform if we have temporarily suspended your right of use, or forbidden you to continue using it,
  4. Send junk mail, spam or repeated messages,
  5. Act in any unlawful or illegal manner,
  6. Modify, interfere with, hack or disrupt the Ada Platform, or to intercept messages,
  7. Misuse the Ada Platform or to infiltrate it with viruses, trojans, worms, logic bombs or anything else that might harm the Ada Platform or any other user of the Ada Platform equipment,
  8. Extract data from the Ada Platform except as permitted under these Terms and Conditions,
  9. Post or contribute any abusive, threatening, obscene, misleading, untruthful, or offensive content, or content that contains any form of nudity or violence, and
  10. Enter information or comments about any third-party without the consent of the third-party concerned.

6.3. The non-compliance with the Regulations listed in paragraph 7.2 represents a material breach of these Terms and Conditions, and may result in us, at our sole discretion, initiating the following measures – either individually or in combination:

  1. The immediate, temporary suspension or permanent withdrawal of the right to access the Ada Platform,
  2. A warning being sent to you,
  3. Initiation of legal proceedings against you, including a claim for reimbursement of any costs and expenses incurred due to the breach of agreement (including reasonable administrative costs and legal fees), and moreover
  4. Disclosure of information to the law enforcement authorities, if and to the extent permitted by law and deemed by us to be necessary.

6.4. The reaction to a breach of agreement committed by you is not limited to the actions described in the preceding paragraph 7.3, i.e. we are entitled to take any further action in accordance with these Terms and Conditions and/or statutory law.

7. Termination of our contractual relationship

7.1. In the event that you feel that you can no longer agree to the present Terms and Conditions or the Privacy Policy, at any time, you agree to stop using the Ada Platform immediately.

7.2. You are entitled to stop using the Ada Platform at any time and to terminate your agreement with Ada, including if you do not agree with the changes to the Ada Platform or these Terms and Conditions we proposed.

7.3. Either party’s right to terminate the agreement for cause remains unaffected. Cause that entitles us to terminate the agreement may be, in particular but not exclusively, your violation of the material contractual provisions (in particular paragraph 6.2) and if, due to external circumstances, it can be assumed that you are making improper use of our services. If good reason exists, we are furthermore authorised to block your access to the Ada Platform, without any notice, and provided that no other less severe measure is effective.

7.4. If we withdraw your right to access the Ada Platform, we will delete any Personal Data stored about you in accordance with our Privacy Policy (and as stipulated in the applicable statutory provisions), provided that our rights to use such data in anonymized form pursuant to section 3.2 remains unaffected. You also lose the right previously granted to you to access the Ada Platform.

8. Our promise to you

8.1. Any information on the symptoms stated by you that is made available to you in text form via the Ada Platform is for information purposes only. The information is made available by Ada as is, without warranty, guarantee or representation of any kind.

8.2. You should not take any action based on the information provided in the Ada Platform without consulting a doctor or other medical professional first.

8.3. Due to the nature of the internet and the given technology, we are unable to promise that you will be able to use the Ada Platform at all times without any interruption and without delay or faults, and that the Ada Platform will at all times meet your expectations. We can therefore assume no obligation with respect to the performance or availability of the Ada Platform in these present Terms and Conditions. We expressly exclude any strict liability that may be applied by enforcement of law due to defects of the Ada Platform existing at the time the agreement on the use of the Ada Platform between you and us was concluded.

8.4. Should you incur any damage through the use of the Ada Platform, we may only be held liable for intent and gross negligence. We may furthermore be held liable for the negligent breach of material contractual obligations, which must be met in order for this agreement to even be properly executed, and the violation of which will jeopardise the purpose of the agreement and which you, the User, should in regular cases be able to trust will be fulfilled. In the latter case, we may however only be held liable for calculable damages. We may not be held liable for violation by simple negligence of any obligations other than those specified in the preceding sentences.

9. Ada Platform updates

9.1. We are constantly updating and improving the Ada Platform. We constantly strive to provide you with innovative new services and features. We also make improvements and updates in order to stay abreast of changing technologies, behaviours and the way in which people use the internet.

9.2. We reserve the right to change a specific aspect of a specific feature by updating the Ada Platform, resetting that feature and suspending the service or support for that feature. These changes may affect your activities on the Ada Platform. Changes may include the removal, modification or reset of the features you use.

10. Changes to these Terms and Conditions

10.1. We have the right to amend, adapt or supplement the present Terms and Conditions from time to time. The current version of the Terms and Conditions can be found on our website (ada.com).

10.2. Any changes to these Terms and Conditions will usually be the result of new features being added to the Ada Platform, or of changes in the legislation or applicable Regulations.

11. Documents governing the contractual relationship between you and us

The current version of the Terms and Conditions includes all provisions governing the contractual relationship between you and us. Older versions of the Terms and Conditions no longer apply to our contractual relationship and are entirely replaced by the current version.

12. Applicable legislation and jurisdiction

12.1. The agreement concluded on the basis of these Terms and Conditions is subject to the laws of the State of California.. Without prejudice to the above choice of jurisdiction, in the case of agreements between traders and consumers, the provisions of the law of the country in which the consumer is habitually resident and which – under the law of that country – may not be derogated from, may be applied in favour of the consumer if the trader:

  1. pursues his/her commercial or professional activities in the country of the consumer’s habitual residence, or
  2. such activities are in any way directed at that country or at several countries including that country,

and the agreement falls within the scope of such activities.

12.2. The courts of California have the exclusive jurisdiction to settle any disputes arising in connection with, or as a result of, your use of the Ada Platform.

13. Miscellaneous

13.1. You consent to us communicating with you by electronic means (such as by email or other form of text).

13.2. The failure to enforce our rights must not be construed as a waiver of such rights.

13.3. Should any provision in these Terms and Conditions be or become void or unenforceable, the effectiveness of the remaining provisions will remain unaffected.

13.4. Only the contracting party itself has the right to enforce contractual provisions.

14. Contact

If you would like to contact us in regard to the present Terms and Conditions or any other document mentioned in them, please email us at [email protected].