Terms of Service

• "Platform" means the ClinicPulse web application and all related services operated by Ising Digital Sàrl.
• "Subscriber" means the legal entity or healthcare professional that registers for an account.
• "Administrator" means the user who registers the clinic and has full management rights over the organisation account.
• "Staff" means users invited by an Administrator to access the Platform on behalf of the Subscriber.
• "Patient Data" means personal data relating to patients that is entered into the Platform by the Subscriber.
• "DPA" means the Data Processing Agreement set out in these Terms and in the Privacy Policy, governing Ising Digital's processing of Patient Data on behalf of the Subscriber.

ClinicPulse is a professional, business-to-business (B2B) service intended exclusively for use by licensed healthcare professionals, clinics, therapeutic practices, and their authorised staff. It is not a consumer service.

Consumer protection provisions of the Swiss Code of Obligations that may be disapplied by agreement in commercial B2B contracts do not apply to these Terms. You represent and warrant that you are accessing the Platform in a professional capacity and not as a consumer.

• You must provide accurate, complete, and current information during registration. You are responsible for keeping this information up to date.
• Each user must have a unique account. Account sharing is not permitted.
• You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account.
• You must notify Ising Digital immediately at the contact address in Section 17 if you suspect any unauthorised access to your account.
• Ising Digital strongly recommends enabling multi-factor authentication (MFA) for all Administrator accounts. MFA is available in Settings.

ClinicPulse provides the following core features, subject to your subscription plan:

• Encrypted patient record management (name, contact details, clinical notes)
• Dynamic tracking tables with custom columns, conditional formatting, and filters
• Automated date-based email alerts and rule-based workflow triggers
• Multi-user access with role-based permissions (Admin / Staff)
• Email delivery history and audit log
• Multi-language interface (English, French, German, Italian)

Ising Digital reserves the right to add, modify, or remove features with reasonable notice to Subscribers.

Access to ClinicPulse is provided on a subscription basis. Subscription plans, pricing, billing cycles, and payment methods are described on the ClinicPulse pricing page or in your order confirmation.

• Subscriptions renew automatically unless cancelled before the renewal date.
• Fees are due in advance and are non-refundable except as required by mandatory Swiss law or as expressly stated in your order.
• Ising Digital may update pricing with at least 30 days' written notice. Continued use after the effective date constitutes acceptance of the new pricing.
• In the event of non-payment, Ising Digital reserves the right to suspend access after providing written notice and a 14-day cure period.

As a healthcare professional using ClinicPulse to manage patient information, you bear significant legal responsibilities:

• You are the Data Controller for all Patient Data entered into the Platform. Ising Digital acts only as a Data Processor on your documented instructions.
• You must ensure your use of ClinicPulse complies with all applicable laws, including the Swiss nDSG, the GDPR (if applicable), cantonal health legislation, and professional secrecy obligations.
• You are responsible for obtaining a valid legal basis for processing patient health data — whether by patient consent, treatment contract, or other applicable legal grounds — before entering such data into ClinicPulse.
• You must train your staff on data protection obligations and ensure they comply with these Terms and all applicable law.
• You must promptly notify Ising Digital of any suspected data breach involving data processed on the Platform, so that we can assist with your notification obligations.

You agree not to:

• Use the Platform for any unlawful purpose or in violation of applicable law
• Attempt to access data belonging to another Subscriber's organisation
• Reverse-engineer, decompile, or copy any part of the Platform
• Resell, sublicense, or commercially exploit the Platform without written consent
• Upload malware, viruses, or any code intended to disrupt the Platform
• Process data unrelated to your clinic's legitimate professional activities, or data for which you have no lawful basis
• Circumvent, disable, or interfere with security controls, encryption mechanisms, or access controls
• Use the Platform's automated alert system to send unsolicited communications (spam)

Ising Digital reserves the right to suspend or terminate access immediately and without notice in the event of a violation of this section.

By accepting these Terms, you simultaneously enter into the Data Processing Agreement with Ising Digital Sàrl. The DPA governs how Ising Digital processes Patient Data on your behalf as a processor and is incorporated herein by reference. The full terms of the DPA are described in our Privacy Policy.

The DPA satisfies the requirements of Art. 9 nDSG and Art. 28 GDPR. Clinics that require a separately countersigned DPA document for audit or compliance purposes may request one by contacting legal@clinicpulse.ch.

Ising Digital Sàrl retains all intellectual property rights in the ClinicPulse platform, including but not limited to source code, algorithms, user interface design, trademarks, and documentation.

You retain all ownership rights in the data you submit to the Platform. You grant Ising Digital a limited, non-exclusive, worldwide licence to store, process, and transmit your data solely to provide and improve the Platform in accordance with these Terms and the Privacy Policy.

Ising Digital will never use Patient Data or Subscriber data for advertising, profiling, or any purpose other than providing the contracted services.

Each party agrees to hold the other party's confidential information (including but not limited to business data, technical details, pricing, and patient data) in strict confidence and not to disclose it to third parties without the other party's prior written consent, except:

• As required by mandatory Swiss law or a binding order from a competent authority
• To sub-processors as strictly necessary and subject to equivalent confidentiality obligations
• To professional advisors (lawyers, auditors) bound by professional confidentiality

This obligation survives the termination of these Terms for a period of 5 years.

Ising Digital targets 99.5% monthly uptime for the Platform (excluding scheduled maintenance windows). Ising Digital does not guarantee uninterrupted or error-free service.

• Scheduled maintenance will be notified via email or in-app notification with reasonable advance notice where possible.
• Ising Digital uses automated daily database backups (Supabase infrastructure) with at least 7-day retention. Subscribers are responsible for exporting their own data where additional backup is required.
• Support is provided by email. Response times depend on the subscription plan.

To the maximum extent permitted by Swiss law (Swiss Code of Obligations, Art. 100):

• Cap: Ising Digital's total aggregate liability arising from or in connection with these Terms (whether in contract, tort, or otherwise) is limited to the total fees paid by you in the 12 months preceding the event giving rise to the claim.
• Exclusions: Ising Digital is not liable for indirect, incidental, special, punitive, or consequential damages (including loss of profits, loss of data, or business interruption), even if advised of the possibility of such damages.
• Data accuracy: Ising Digital is not liable for errors, omissions, or inaccuracies in data entered by the Subscriber or their staff.
• Third-party services: Ising Digital is not liable for interruptions or failures caused by third-party sub-processors (Supabase, Mailgun, Vercel, Google), provided Ising Digital has selected such sub-processors with reasonable care.

Nothing in these Terms excludes liability for fraud, gross negligence, wilful misconduct, or any liability that cannot be excluded under mandatory Swiss law.

You agree to defend, indemnify, and hold harmless Ising Digital Sàrl and its directors, employees, and agents from and against any claims, damages, penalties, fines, or costs (including reasonable legal fees) arising out of or relating to:

• Your violation of these Terms or the DPA
• Your violation of applicable law, including data protection obligations
• Any claim by a patient, data protection authority, or third party arising from your processing of Patient Data as controller
• Your negligent or wrongful acts or omissions in connection with the Platform

These Terms remain in effect for the duration of your active subscription.

• Termination for convenience: Either party may terminate with 30 days' written notice. Prepaid fees are non-refundable unless otherwise agreed.
• Termination for cause: Ising Digital may suspend or terminate your account immediately upon written notice for: material breach of these Terms, non-payment after a 14-day cure period, violation of applicable law, or if continued operation poses a security or legal risk.
• Data upon termination: After termination, Ising Digital will retain your data for a maximum of 30 days to allow data export, after which it will be permanently deleted. You are responsible for exporting your data before termination.

Sections 9, 10, 12, 13, 15, and 16 survive termination.

These Terms and any dispute arising out of or in connection with them (including non-contractual disputes) are governed by Swiss law, to the exclusion of conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods (CISG).

The courts of Vaud, Switzerland, have exclusive jurisdiction over all disputes arising from or in connection with these Terms, subject to mandatory statutory provisions that cannot be excluded by agreement (including mandatory place-of-domicile jurisdiction rules for consumers — which do not apply to B2B subscribers under these Terms).

Before initiating any formal legal proceedings, the parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of at least 30 days from written notice of the dispute.

If the dispute cannot be resolved amicably within that period, either party may submit the matter to the competent courts in Vaud, Switzerland.

For EEA-based Subscribers who are B2B parties: Swiss jurisdiction is agreed to the fullest extent permitted by the Lugano Convention and applicable EEA law.

Ising Digital may update these Terms from time to time. We will notify you of material changes via email to your registered address or via an in-app notification at least 30 days before the change takes effect.

Continued use of ClinicPulse after the effective date constitutes acceptance of the updated Terms. If you do not accept the updated Terms, you may terminate your subscription before the effective date.

• Entire agreement: These Terms, together with the Privacy Policy and DPA, constitute the entire agreement between the parties with respect to the Platform and supersede all prior agreements and understandings.
• Severability: If any provision of these Terms is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force.
• No waiver: Failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without Ising Digital's prior written consent. Ising Digital may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets, with 30 days' notice.
• Force majeure: Neither party is liable for delays or failures caused by circumstances beyond their reasonable control (including natural disasters, government actions, internet disruptions).

For questions about these Terms, to request a countersigned DPA, or for legal notices: