Terms of use

This document was last updated on: 18/08/2026

1. Scope and Applicability of these Terms

These Terms of Use (the “Terms”) govern access to and use of rapmed by Users and Customers, including the use of Shared Links to make limited functions available to Authorised Users and Link Recipients. rapmed is a service made available by Rapid Medicine AG, Seerosenstrasse 3, 8008 Zurich, Switzerland (“Rapid Medicine”, “we”, “our” or “us”), through the websites, applications and other access points designated by Rapid Medicine for the Service (the “Service”).

These Terms are deemed to be accepted through the checkbox button or equivalent mechanism upon the creation or use of an account with us. If you do not agree, you may not create or use an account.

In case of Customers, these Terms are deemed to be accepted through the acceptance of the Order Form. These Terms form an integral part of the Order Form. In the event of any discrepancies between the Order Form and the Terms, the provisions of the Order Form shall prevail. The Order Form and the Terms conclusively govern the legal relationship regarding the use of the Service, subject to the application of the DPA or the Data Protection Notice as applicable, in accordance with Section 18 of these Term, the application of the Customer’s terms and conditions is excluded.

If you access or use the Service as an Authorised User of a Customer, you must also comply with these Terms and the restrictions applicable to that Customer under its Order Form. Your acceptance as a User does not by itself make you a party to the Customer’s Order Form.

An organisation becomes a Customer only when an authorised representative expressly accepts an Order Form issued by Rapid Medicine. A person accepting an Order Form for a Customer represents that they are authorised to bind that Customer.

2. Definitions

For purposes of these Terms:

• “User” means a natural person who registers for and uses an individual account for the Service.
• “Individual Testing” means limited, non-productive evaluation of the Service by a User for that User’s own purposes, as further described in 78 (Individual Testing and Paid Use).
• “Customer” means the person or entity identified as the customer in an Order Form.
• “Authorised User” means a User whom a Customer authorises to access and use the Service under its Order Form.
• “Shared Link” means a link generated through the Service that allows a recipient to access specified Submitted Data or submit data or content, either following authentication or, where permitted under Section 6 (Shared Links), without an individual account or authentication.
• “Link Recipient” means a natural person who accesses specified Submitted Data or submits data or content through a Shared Link without using an individual account.
• “User Submissions” means data or content submitted to, stored in or otherwise processed through the Service by a User other than on behalf of a Customer, including data or content submitted through a Shared Link generated by that User for Individual Testing.
• “Customer Data” means data or content submitted to, stored in or otherwise processed through the Service by or on behalf of a Customer or its Authorised Users, including data or content submitted through a Shared Link generated for that Customer.
• “Submitted Data” means User Submissions and Customer Data.
• “Provider Content” means documentation, interfaces, text, graphics, media and other content made available by or on behalf of Rapid Medicine in connection with the Service, excluding Submitted Data.
• “Anonymous Data” means data that does not relate to an identified or identifiable natural person and cannot reasonably be linked to an individual under applicable law.
• “Pseudonymised Data” means personal data that cannot be attributed to a specific individual without additional information kept separately. Pseudonymised Data remains personal data.
• “Approved Anonymous Data Path” means a software-based anonymisation process that Rapid Medicine makes available or expressly identifies for a specified use case and that must be used within the scope and configuration specified by Rapid Medicine to produce Anonymous Data.
• “Order Form” means an individual written offer, quotation or similar ordering document issued by Rapid Medicine for paid use of the Service that identifies the Customer, states the applicable fees, subscription start date and service scope, incorporates these Terms, and is expressly accepted by the Customer in writing, including electronically.
• “DPA” means a data processing agreement entered into between a Customer as controller and Rapid Medicine as processor for the processing of personal data on the Customer’s documented instructions.
• “Enterprise Addendum” means a written addendum expressly agreed between a Customer and Rapid Medicine that identifies the special provisions of the applicable contract documents that it replaces or modifies.

References to “you” or “your” mean the User and, where the context concerns an Order Form or institutional use, the Customer.

3. Description of the Service

The Service is a software-as-a-service platform intended solely as a communication and collaboration tool for the upload, storage, transmission, display, sharing, commenting and discussion of medical images and related information or materials within the limits set out in these Terms.

The Service may support the following use cases:

• Education: Users provide medical images and learning materials to teach learners, explain cases and communicate medical knowledge.
• Assessments: Users create examinations or exercises using medical images, and learners review the materials, answer questions or mark relevant structures or findings.
• Case Discussions: Users share, display, comment on and discuss existing medical images and related information.
• Research / Studies: Users assess and compare medical images against predefined research criteria and document their own observations, including in studies involving more than one reader.

4. Purpose of Use

Users may communicate their own observations and opinions through the Service. The Service does not analyse, interpret or independently evaluate medical images or related information and does not provide medical advice, diagnoses, prognoses, monitoring, prevention, predictions, treatment or therapy recommendations, clinical alerts or other clinical decisions.

The Service is not supplied for use as a medical device, medical device software, diagnostic tool, clinical decision support system, patient monitoring system, medical record system, PACS replacement, primary medical image archive or emergency system. Users and Customers shall not market, represent, configure, use or rely on the Service for any such purpose.

Medical opinions and decisions must be made independently by appropriately qualified healthcare professionals using systems and devices legally permitted and technically appropriate for the relevant medical purpose. The Service may be used to communicate, but not create or make, those opinions and decisions. Where applicable, the source images and approved report in the relevant PACS, EHR or patient record remain controlling. Users and Customers must independently maintain the systems and records required for patient care, record-keeping and emergency operations.

5. Requirements for Access to the Service and Responsibilities

Except for limited Shared Link access under Section 6 (Shared Links), access to the Service requires an individual account. Each User must be at least 18 years old, have legal capacity to accept these Terms, provide the information reasonably required to create and maintain the account, and register and use it in their own name.

Users must keep their account information current, protect their authentication credentials and must not share an account. A User must notify Rapid Medicine without undue delay if the User knows or reasonably suspects that an account or authentication method has been compromised or used without authorisation.

A Customer may designate Users as its Authorised Users under its Order Form and is responsible for selecting and supervising them, maintaining an up-to-date record of them, and revoking access when no longer required. The Customer must ensure that its Authorised Users are legally permitted to access the relevant Customer Data and comply with these Terms, the Order Form, the DPA and applicable confidentiality, professional secrecy and data protection obligations.The Customer is fully responsible for its Authorized Users’ acts and omissions.

6. Shared Links

A User may generate Shared Links for Individual Testing, and a Customer may permit its Authorised Users to generate Shared Links within the scope of its Order Form.

An unauthenticated Shared Link may be used only where the data made available or submitted through the link are Anonymous Data, synthetic data or demonstration data in accordance with Section 16 (Permitted Data Paths).

A Link Recipient may use the viewing or submission functions made available through such an unauthenticated Shared Link without creating an individual account or accepting these Terms. That use alone does not make the Link Recipient a User, create a contract with Rapid Medicine or create a subscription or payment obligation for the Link Recipient.

Where a Shared Link is used to make available or request Pseudonymised Data or other personal data relating to a patient or case, authenticated Shared Link functionality for those data must be included in the Customer’s Order Form, an applicable DPA must be in place, and the recipient must authenticate as an Authorised User through an email Magic Link.

The User or Customer that generates or provides a Shared Link is responsible for its purpose and intended recipients. Users, Customers and Authorised Users must take reasonable steps to prevent access beyond the intended recipients and notify Rapid Medicine without undue delay of known unauthorised access or disclosure.

Where Pseudonymised Data or other personal data are made available or requested through an authenticated Shared Link, the Customer’s generation or provision of that link, including through an Authorised User acting on its behalf, constitutes a documented instruction under the applicable DPA. Use of the link remains subject to Section 16 (Permitted Data Paths), the Order Form and the DPA and does not expand the agreed Service or change the status of the data.

7. Individual Testing and Paid Use

Subject to these Terms, Rapid Medicine grants a User a limited, non-exclusive and non-transferable right to access and use the Service without charge solely for Individual Testing.

Any use beyond Individual Testing requires a paid licence under an Order Form. This includes courses or examinations, research projects, regular case discussions and other professional or team workflows. An organisation may not avoid this requirement by arranging for multiple persons to use separate accounts for Individual Testing.

Whether use requires a paid licence depends on the purpose and organisation of the actual use. A User’s employer, email domain or number of accounts may be relevant indications but does not by itself determine whether the use is licensed or make an organisation a Customer.

During the subscription term stated in an Order Form, Rapid Medicine grants the Customer a limited, non-exclusive and non-transferable right to permit its Authorised Users to access and use the Service for the permitted purposes and within the scope stated in the Order Form and these Terms. Use of Shared Links is governed by Section 6 (Shared Links).

A finding that use requires a paid licence does not create a retroactive payment obligation and does not automatically convert an account into a paid subscription.

8. Review of Possible Payable Use

Rapid Medicine may review account, usage and collaboration metadata relating to Individual Testing to identify possible use that requires a paid licence. This review does not examine medical images, patient data or substantive case information and is not applied to Authorised Users of a Customer. Further information about this processing is provided in Section 18 (Data Protection) and the Data Protection Notice.

Before restricting use on this ground, Rapid Medicine will conduct a human review, notify the affected User or organisation and provide an opportunity to explain the actual use.

Rapid Medicine will generally provide a transition period of 30 days to stop the relevant use or enter into an Order Form.

After that period, Rapid Medicine may restrict functionality used beyond Individual Testing or require the affected use to end.

9. Subscription Fees, Subscription Term and Support

The applicable subscriptionfees, number of Authorised Users, storage, functions and other elements of the paid Service are specified in the Order Form. Unless the Order Form states otherwise, subscription fees are invoiced annually in advance.

Unless the Order Form states otherwise, a paid subscription has an initial term of twelve months from the subscription start date stated in the Order Form and automatically renews for successive twelve-month periods. Either party may prevent renewal by giving the other party notice at least 30 days before the end of the then-current subscription term.

Rapid Medicine provides standard support by email during its usual business hours. No specific response or resolution time applies unless expressly agreed in an Order Form or Enterprise Addendum.

10. Service Changes and Availability

Rapid Medicine may maintain, update, modify and further develop the Service and may temporarily interrupt access where reasonably necessary for maintenance, security or operational purposes.

Functions may vary by region and applicable licence scope, including the Order Form for paid use. A User or Customer has no right to access functions that are not available in the applicable region or included in the applicable licence scope.

Functions made available only for Individual Testing may be changed or discontinued any time.

During a paid subscription term, Rapid Medicine will not materially reduce the service scope agreed in the Order Form unless the Customer expressly agrees or the change is reasonably necessary to comply with law, address a security risk or protect the integrity of the Service. Where practicable, Rapid Medicine will notify the affected Customer in advance of such a necessary change and use reasonable efforts to limit its effect on the agreed use.

If a necessary change under the preceding paragraph materially and adversely affects a Customer’s agreed use of the paid Service, and Rapid Medicine cannot reasonably avoid or remedy that effect, the Customer may terminate the affected Service by written notice effective when the change takes effect. If advance notice was not practicable, the Customer may terminate by written notice within 30 days after it is notified of the change, effective upon receipt.

No availability percentage, service credit or other service level applies unless it is expressly agreed in an Order Form or Enterprise Addendum.

11. Service Location, Local Availability and Third-Party Links

Information about the locations used to provide the Service and process personal data is set out in the Data Protection Notice and, where applicable, the Order Form and DPA. Rapid Medicine does not represent that the Service, Provider Content or Submitted Data are lawful or available in every country. Users and Customers are responsible for compliance with applicable local laws, including export and import requirements.

The website and Service may contain links to third-party sites. Rapid Medicine does not control or accept responsibility for their content, availability, practices or data protection standards; access is at the User’s or Customer’s own risk.

12. Intellectual Property

Rapid Medicine and its licensors retain all right, title and interest in and to the Service, its underlying software and technology, the Provider Content, Rapid Medicine’s trademarks and branding, and all related intellectual property rights. Except for the limited rights expressly granted under these Terms or an Order Form, no rights in those materials are granted to a User or Customer.

Subject to the applicable licence scope, Rapid Medicine grants each User and Customer a limited, non-exclusive and non-transferable right to use the Provider Content solely within the Service and only for the permitted use of the Service. Provider Content may not be copied, modified, distributed, made available outside the Service or otherwise exploited except as expressly permitted by Rapid Medicine or mandatory law.

13. Use of Submitted Data

Each User and Customer retains any right, title or interest that it holds in its Submitted Data. These Terms do not require a User or Customer to claim ownership or authorship of Submitted Data or to grant rights that it does not hold.

Each User and Customer represents that it has all rights in its Submitted Data, including necessary approvals of third parties if required, for use by Rapid Medicine according to these Terms, the applicable Order Form or DPA.

The User and Customer grant Rapid Medicine a non-exclusive, royalty-free licenceto process Submitted Data solely as necessary to provide, secure, maintain and support the Service, make the data available as directed by the User or Customer, and develop and improve the Service using only Anonymous Data for that purpose.

For personal data processed under a DPA, this licence is subject to the DPA and does not expand the Customer’s documented instructions or permit Rapid Medicine to process the personal data for an other purpose.

For its own product development and improvement of the Service, Rapid Medicine may use only Anonymous Data that were already anonymous before submission or were provided through a separately reviewed, lawful anonymous-data path, and only as permitted by the applicable contract documents and law.

Rapid Medicine retains all rights in non-reconstructable results derived from that permitted use of Anonymous Data (“Derived Results”) and may use and license them for commercial and non-commercial purposes, provided they do not disclose Submitted Data or allow individual images or cases to be reasonably reconstructed.

Rapid Medicine will not sell Submitted Data or make them available to third parties for their own purposes. It will not, for its own product development, model training, improvement of the Service or other independent purposes, use Pseudonymised Data or other personal data, anonymise such data, or use or license results derived from them. For Controller Personal Data, the DPA prevails.

14. Confidentiality

“Confidential Information” means non-public information disclosed by or on behalf of Rapid Medicine or the Customer (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the applicable contract documents that is marked as confidential or that should reasonably be understood as confidential given its nature or the circumstances of disclosure. Customer Data is Confidential Information of the Customer.

Confidential Information does not include information that the Receiving Party can demonstrate: (a) is or becomes publicly available without breach of the applicable contract documents; (b) was lawfully known to the Receiving Party without a duty of confidentiality before disclosure; (c) is lawfully received from a third party without a duty of confidentiality; or (d) is independently developed without use of the Disclosing Party’s Confidential Information.

The Receiving Party may use Confidential Information only to exercise its rights and perform its obligations under the applicable contract documents.

It must protect Confidential Information using at least reasonable care and may disclose it only to its personnel, Authorised Users, contractors and professional advisers who need to know it for those purposes and who are bound by appropriate confidentiality obligations.

The Receiving Party remains responsible for compliance with this section by those recipients.

At the Customer’s instruction, Rapid Medicine may make the Customer’s Confidential Information available through a Shared Link in accordance with Section 7 (Shared Links). Access through the link does not by itself make the Link Recipient a Receiving Party or bind the Link Recipient under this section.

The Receiving Party may disclose Confidential Information to the extent required by applicable law, a court or a competent authority. To the extent legally permitted, it must give the Disclosing Party advance notice and disclose only the information legally required.

These obligations continue for as long as the information remains Confidential Information.

15. Limitations of Use

Users and Customers may use the Service only for the use cases described in Section 3 (Description of the Service), within the limits set out in Section 4 (Purpose of Use), and in accordance with the applicable licence scope.

Users and Customers shall not, and shall not permit any other person to:

• use the Service, Provider Content or Submitted Datain violation of these Terms, the Order Form if applicable, the applicable law and third party rights;
• access or attempt to access another person’s account, data or systems without authorisation;
• circumvent access controls, probe for vulnerabilities, introduce malicious code, interfere with the operation or security of the Service, or inhibit another User’s permitted use; or
• copy, modify, decompile, reverse engineer or otherwise attempt to derive the source code of the Service, except to the limited extent expressly permitted by mandatory law.

16. Permitted Data Paths

For Individual Testing, medical images and case materials must consist only of Anonymous Data, synthetic data or demonstration data. A User must not submit Pseudonymised Data or other personal data relating to a patient or case.

Data made available or submitted through an unauthenticated Shared Link must already be Anonymous Data, synthetic data or demonstration data at the time of access or submission.

For Education and Assessments, medical images and related patient information may be submitted only through the Approved Anonymous Data Path and only where the resulting data qualify as Anonymous Data. Account information, assessment responses, scores and similar User information may remain personal data and are processed as described in the Data Protection Notice or, where applicable, a DPA.

Anonymous Data may be used for Case Discussions and may be processed through the Approved Anonymous Data Path for Research / Studies. For either use case, Pseudonymised Data or other personal data may be processed only for a Customer under an applicable Order Form and DPA.

If a User or Customer is uncertain whether data qualify as Anonymous Data, the data must be processed through an institutional path covered by an Order Form and DPA or not submitted.

17. Anonymisation, Pseudonymisation and Image Review

Rapid Medicine is responsible for the proper operation, within its specified scope and configuration, of the software-based anonymisation and pseudonymisation functions that it develops and provides.

Where the Service provides an optional defacing function, the User or Customer must activate it where required to achieve Anonymous Data.

Software-based anonymisation, pseudonymisation and defacing do not replace visual image review. Before submission, the User or Customer must check medical images for embedded personal information and identifiable facial features and must not use the Approved Anonymous Data Path for affected images. Where images are requested through a Shared Link, the User or Customer must provide the Link Recipient with reasonable review instructions. If such information or features, or a failed defacing process, is discovered after submission, the affected image must be removed without undue delay and not resubmitted until the issue has been remedied.

Rapid Medicine does not verify the accuracy, completeness or legality of Submitted Data provided by or on behalf of Users or Customers, including through Shared Links, for which the Customer respectively the User are fully responsible.

18. Data Protection

Rapid Medicine acts as controller where it determines the purposes and means of processing personal data. Further information about this processing, including processing involving Link Recipients and cookies or similar technologies, is provided in the Data Protection Notice, which may be presented to a Link Recipient without requiring acceptance.

Rapid Medicine acts as processor where it processes personal data on a Customer’s documented instructions and does so only to provide the agreed Service under the applicable DPA.

19. Security

Rapid Medicine will maintain appropriate technical and organisational measures designed to protect personal data and Submitted Data against accidental or unlawful destruction, loss, alteration, unauthorised disclosure or access. Measures for processing under a DPA are specified in the DPA and its annexes.

20. Warranties and Remedies

Individual Testing is provided on an “as is” and “as available” basis, without a warranty of uninterrupted or error-free operation or fitness for a User’s requirements.

In case of a paid subscription, Rapid Medicine warrants to Customer that the Service will in all material respects conform to the service scope and description agreed in the applicable Order Form when used in accordance with these Terms and that Order Form. This warranty does not apply to a non-conformity caused by use outside the agreed scope, an unauthorised modification, a system or network not provided by Rapid Medicine, or Submitted Data.

If a Customer notifies Rapid Medicine of a material non-conformity and provides the information reasonably required to investigate it, Rapid Medicine will have a reasonable opportunity to remedy the non-conformity. If Rapid Medicine is unable to remedy it within a reasonable period, the Customer may terminate the affected Service by notice and Rapid Medicine will refund any prepaid fees attributable to the period after the termination takes effect. This remedy is the Customer’s exclusive contractual remedy for breach of the warranty.

21. Limitation of Liability

All liability of Rapid Medicine is excluded within the limits of the law.

22. Indemnification

22.1 Rapid Medicine Indemnity

Rapid Medicine will defend a Customer against a third-party claim alleging that the Customer’s authorised use of the Service or Provider Content during a paid subscription term and in accordance with the applicable contract documents infringes that third party’s patent, copyright or trademark. Rapid Medicine will indemnify the Customer against damages, costs and reasonable legal fees finally awarded against the Customer or included in a settlement approved by Rapid Medicine.

This indemnity does not apply to the extent that the claim arises from Customer Data, a modification not made by Rapid Medicine, use in breach of the applicable contract documents, a combination with products, services, data or materials not provided or expressly approved by Rapid Medicine where the claim would not otherwise have arisen, or continued use after Rapid Medicine has notified the Customer to stop or provided a non-infringing alternative.

If such a claim is made or is reasonably likely, Rapid Medicine may, at its expense and option, obtain the right to continue using the affected Service, modify or replace it without materially reducing the agreed service scope or, if none of those options is commercially reasonable, terminate the affected Service and refund any prepaid fees attributable to the period after termination. This Section 22.1 states the Customer’s exclusive contractual remedy for such a claim and is subject to Section 21 (Limitation of Liability).

22.2 Customer Indemnity

A Customer will indemnify Rapid Medicine, its officers, employees and service providers against third-party claims and resulting damages, costs and reasonable legal fees to the extent that the claim arises from Customer Data infringing a third party’s rights or being processed through the Service without a legal basis, permission, notice or approval for which the Customer is responsible, or from the Customer’s or its Authorised Users’ use of the Service in material breach of Section 15 (Acceptable Use) or Section 5 (Intended Use and Regulatory Limitations).

22.3 Indemnification Procedure

A party seeking indemnification under this Section 22 must notify the other party of the claim without undue delay, allow the indemnifying party to control its defence and settlement, and provide reasonable cooperation at the indemnifying party’s expense. A delay in notice relieves the indemnifying party of its obligations only to the extent that it materially prejudices the defence. The indemnifying party may not settle a claim in a manner that includes an admission of liability by, imposes a non-monetary obligation on, or requires a payment from the indemnified party without the indemnified party’s prior written consent, which will not be unreasonably withheld.

23. Changes to the Terms

Rapid Medicine may amend these Terms. Rapid Medicine will notify Customers and Users at least 30 days before amendment takes effect. In case a Customer or User does not object to the notified amendments nor terminates the subscription within 30 days of the amendment notification via email as per the end of the current subscription period, the amended terms are deemed to be accepted.

If a Customer terminates objects and wants to terminate an affected Service under this Section 23 or Section 11 (Service Changes and Availability), Rapid Medicine will refund any prepaid fees attributable to the period after the termination takes effect.

24. Suspension

Rapid Medicine may suspend access to all or part of the Service, including by restricting or disabling a Shared Link, where reasonably necessary to address a material security threat, suspected unauthorised or unlawful use or access, a material breach of the applicable contract documents, a material risk of harm to the Service or another person, or a binding requirement of law or a competent authority.

Where practicable, Rapid Medicine will give advance notice and an opportunity to remedy the issue. Otherwise, it will provide notice and the reason for suspension as soon as practicable unless prohibited by law. Rapid Medicine will limit the suspension to the scope and duration necessary and restore access when its basis is resolved.

25. Termination

A User may end Individual Testing and delete their user account at any time. Rapid Medicine may terminate Individual Testing on reasonable notice or immediately if continued access would be unlawful, create a material security risk or follow a material breach that cannot reasonably be remedied.

Either Rapid Medicine or the Customer may terminate an affected paid Service if the other party materially breaches the applicable contract documents and does not remedy the breach within a reasonable period stated in a written notice. No remedy period is required where the breach cannot reasonably be remedied or continued performance would be unlawful.

Termination of a paid Service does not by itself terminate these Terms for a User’s separate Individual Testing.

26. Account and Data Deletion

Expiry or termination of a paid Service does not by itself require deletion of an Authorised User’s individual account. The account may continue for Individual Testing subject to these Terms, but Customer-specific access and paid functionality end with the applicable Order Form. Customer Data do not become User Submissions and remain subject to return and deletion under the DPA.

Rapid Medicine will delete the relevant account data and other personal data for which it acts as controller when they are no longer necessary for a disclosed purpose, compliance with a legal obligation, or the establishment, exercise or defence of legal claims, as further described in the Data Protection Notice.

Relevant backup copies will be overwritten or deleted in accordance with the applicable backup and retention cycles. Until then, backup data will not be actively processed except for restoration, security, legal compliance or deletion.

For Customer Data processed under a DPA, the Customer’s choice of return or deletion, any available export and the applicable deletion obligations are governed by the DPA. The deletion of an individual Authorised User’s account does not replace the Customer’s instructions under the DPA.

27. Notices

Rapid Medicine may send notices to a User’s account email, the Customer contact in an Order Form or through the Service. Users and Customers must keep their contact details current. Notices to Rapid Medicine may use the contact details in these Terms, the Service or the applicable Order Form and identify the relevant contractual relationship.

28. Assignment and Subcontracting

A User may not transfer their personal account or rights of access.

Neither Rapid Medicine nor a Customer may assign the applicable contract documents without the other party’s prior written consent, except that either party may assign them in full to an affiliate or to a successor in connection with a merger, reorganisation or transfer of substantially all of the business or assets to which they relate, provided that the assignee assumes the assigning party’s obligations.

The assigning party will notify the other party of such an assignment.

Rapid Medicine may use affiliates and service providers to perform parts of the Service but remains responsible for their performance to the extent provided by the applicable contract documents and law. The appointment and use of sub-processors for processing personal data under a DPA are governed exclusively by the DPA.

29. Force Majeure

No party is liable for a delay or failure to perform an obligation to the extent caused by an event beyond that party’s reasonable control. The affected party must notify any other affected party as soon as reasonably practicable, take reasonable steps to reduce the effects of the event and resume performance when reasonably possible.

30. Entire Agreement

The applicable contract documents identified in Section 3 (Contract Documents and Order of Precedence) constitute the entire agreement between the relevant parties concerning their subject matter and supersede prior or contemporaneous proposals, statements and agreements concerning the same subject matter.

31. No Partnership or Agency

The applicable contract documents do not create a partnership, joint venture, employment relationship, fiduciary relationship or agency between Rapid Medicine and a User or Customer. No party has authority to bind another party unless expressly authorised in writing.

32. Severability

If a provision of the applicable contract documents is invalid or unenforceable, it will be limited or modified only to the minimum extent necessary to make it valid and enforceable. The remaining provisions remain in effect.

33. Waiver

A failure or delay in exercising a right does not waive that right. A waiver must be documented in writing and applies only to the specific circumstances for which it is given.

34. Survival

The provisions on intellectual property, liability, indemnity, account and data deletion, governing law and jurisdiction, and any provision intended by its nature to survive, continue after termination. Rapid Medicine’s rights in derived results lawfully created under Section 13 before termination survive termination.

35. Governing Law and Jurisdiction

These Terms and any dispute arising out of or in connection with them are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and international treaties.

For disputes the competent courts of Zurich, Switzerland, have exclusive jurisdiction.