top of page

Terms of Use: HOCH-Husten / DIGI-PREDICT

​

Effective Date: April 30th, 2026​

These Terms and Conditions ("Agreement") govern your access to and use of the HOCH-Husten / DIGI-PREDICT Cough detection mobile application ("App") and its associated services ("Services"), provided by Resmonics AG registered in Zurich, Switzerland ("Company," "we," "us," or "our"). By accessing or using the App or Services, you ("User," "you," or "your") agree to be bound by this Agreement.

​

Acceptance of Terms

1.1. By using the App or Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement, including any future amendments that may be made. If you do not agree to the terms and conditions set forth herein, you must immediately cease using the App and Services.

​​

Grant of License

2.1. Subject to your compliance with this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license to use the App and Services for your personal, non-commercial use as part of the research study conducted by:

  • The University of Auckland (for participants in New Zealand); or

  • The Cantonal Hospital of St. Gallen (for participants in Switzerland).

​

Data Collection and Use

3.1. By using the App and Services, you acknowledge and agree that we may collect and process certain data, including but not limited to personal information, health-related information, and biometric data (specifically audio recordings of coughs and respiratory sounds), as outlined in our Privacy Policy. This processing is conducted in accordance with the Swiss Federal Act on Data Protection (FADP) and the New Zealand Health Information Privacy Code 2020. You further agree that we may use this data for:

3.1.1. Improving and optimizing the cough-detection algorithms;

3.1.2. Conducting clinical research and analysis; 

3.1.3. Complying with legal obligations.

​

3.2. License to Data: By using the App, you grant us an unlimited, irrevocable, sublicensable, and royalty-free license to use, reproduce, and modify any data collected by the App—specifically including sound recordings and symptom measurements. This license permits us to use the collected data for both research and commercial purposes (such as algorithm training and product development). Any use of this data for purposes outside the specific research study (e.g., commercial development) will be performed using pseudonymized or anonymized data to protect your identity, in alignment with Swiss and New Zealand privacy standards.

​

You can find the Privacy Policy here.

​​​

User Obligations

4.1. You represent and warrant that you have the legal right and authority to enter into this Agreement and to grant us the rights specified herein.

​

4.2. You agree to provide accurate information during the registration process and to keep your account information updated.

 

4.3. You are solely responsible for maintaining the confidentiality of your account credentials.

 

4.4. You agree not to:

4.4.1. Use the App or Services for any illegal or unauthorized purposes;

4.4.2. Impersonate or misrepresent your affiliation;

4.4.3. Violate any applicable laws, including local regulations in NZL or CH;

4.4.4. Interfere with the integrity or performance of the App.

​​

Intellectual Property

5.1. All intellectual property rights in the App (under both the "HOCH-Husten" and "DIGI-PREDICT" branding), Services, and technical algorithms are owned or licensed by the Company and are protected by international intellectual property laws.

 

5.2. You may not copy, modify, distribute, or create derivative works from the App without our prior written consent.

​​

Termination

6.1. We reserve the right to suspend or terminate your access to the App at our sole discretion, without prior notice, if we believe you have violated this Agreement or if the specific research study for which you were recruited has concluded.

 

6.2. Upon termination, you must promptly uninstall the App and cease any further use of the Services.

​​

User Content

7.1. The App may allow you to submit content ("User Content"). By submitting User Content, you grant us a worldwide, royalty-free license to use and adapt this content specifically in connection with the research goals of the App and Services.

​

7.2. You represent that you have the necessary rights to grant us this license for any content you upload..

​​

Disclaimer of Warranties

8.1. RESEARCH TOOL ONLY: The App is intended for use as part of a research study and is not a certified medical device. It is not intended to provide health advice or replace professional medical consultation. In the event of a medical emergency, please dial 111 (New Zealand) or 144 (Switzerland).

 

8.2. The App and Services are provided on an "as-is" basis. We do not warrant that the App will be error-free or uninterrupted.

 

8.3. Use of the App is at your own risk. You are responsible for any damage or loss arising from your use of the Services outside the controlled study parameters.

​

Limitation of Liability

9.1. To the maximum extent permitted by the laws of Switzerland and New Zealand, we shall not be liable for any indirect, incidental, or consequential damages arising from your use of the App.

​

9.2. Our total liability shall not exceed the amount paid by you, if any, for accessing the App during the six (6) months preceding the claim.

​

Governing Law and Jurisdiction

10.1. This Agreement shall be governed by and construed in accordance with the laws of Switzerland.

 

10.2. Any legal action arising out of this Agreement shall be exclusively brought in the courts located in Zurich, Switzerland, subject to any mandatory consumer protection laws in your jurisdiction of residence.

​

Entire Agreement

11.1. This Agreement constitutes the entire agreement between you and the Company regarding the subject matter herein and supersedes all prior communications.

​

By using the App and Services, you acknowledge that you have read, understood, and agree to be bound by this Agreement.

bottom of page