Terms and Conditions for the BodyWision App

1. Provider, scope and conclusion of the contract

The provider is BodyWision GmbH, Austrian company register number FN 676943f, registered with the Commercial Court of Vienna. Contact: office@bodywision.com; technical support and complaints: support@bodywision.com.

These Terms govern your use of BodyWision's services. They are agreed upon registration and can be saved. A paid subscription is entered into only through a separate in-app purchase expressly confirmed by you through the Apple App Store or Google Play Store.

The app is intended for consumers aged 18 or over for private use. Use by businesses or to provide medical, therapeutic, nursing, insurance-related, occupational health or other professional services to third parties requires a separate agreement.

2. Intended purpose and description of services

BodyWision helps users securely store, organise, structure, analyse and understand their personal health records.

The app can summarise and organise uploaded or manually entered health information, relate it to existing information and present it in a more understandable form, based on the documents provided. Its purpose is to help users gain a clearer overview of their own records, identify relevant topics in existing documents and prepare for better-informed discussions with doctors or other healthcare professionals.

AI-assisted processing is based on existing health records and user input. It serves to aid understanding, maintain personal health records and prepare for medical consultations.

BodyWision is not intended, approved or certified as a medical device within the meaning of the EU Medical Devices Regulation (MDR). The app is not intended for diagnostic or therapeutic purposes.

3. No provision of medical services

BodyWision does not replace medical advice, examination, diagnosis or treatment. The app does not constitute a medical service and must not be understood as a substitute for an individual assessment by qualified doctors or other appropriate healthcare professionals.

In particular, BodyWision is not intended to:

• independently make diagnoses;
• medically assess symptoms;
• assess medical urgency;
• make specific treatment decisions;
• recommend medicines, dosages or treatments;
• assess or rule out emergencies.

Medically relevant questions, decisions or actions must be assessed together with qualified doctors or other appropriate healthcare professionals.

Questions concerning medicines, dosages, interactions, side effects or changes to medication must be discussed exclusively with doctors or pharmacists. BodyWision must not be used to change, discontinue or select medicines.

4. AI features, analysis and prioritisation of topics

BodyWision may use AI features to analyse, structure, summarise and explain health records. Despite careful technical design, AI-generated content may be incomplete, misleading, outdated or incorrect.

AI systems may generate content that appears plausible or convincing but is factually incorrect, incomplete, taken out of context or unsupported by the underlying documents. Such errors may occur in particular in connection with medical terminology, laboratory values, developments over time, medicines, translations or relationships between multiple documents.

Where BodyWision displays topics, priorities, document-related assessments or indicative values, these relate exclusively to the available records and data entered. They provide document-based guidance, for example on the basis of frequency, recency, context, document type or relevance within the available records.

Such priorities and indicative values do not assess users' actual state of health. They are not a medical score, a measure of disease risk, an assessment of urgency, a diagnosis or a recommendation to take or refrain from taking a particular medical action.

Information provided by BodyWision serves to aid understanding and prepare for medical consultations. It must not be understood as a basis for medical decisions.

5. Diagnoses, guidance and next steps

Diagnoses are stored, displayed or structured in BodyWision only if they appear in uploaded medical documents or have been entered by users themselves. BodyWision does not make its own medical diagnosis on that basis.

Guidance, possible next steps or recommendations within the app serve only to aid understanding and orientation. These may include questions for a medical consultation, suggestions to discuss matters with a doctor, organisational suggestions or general information on lifestyle and the organisation of personal health matters.

Such content does not constitute binding instructions for medical action. Users must check medically relevant guidance and seek medical clarification if in doubt.

6. Emergencies

BodyWision is not intended for medical emergencies and cannot detect or rule out acute risks.

In the event of acute, severe or worsening symptoms, a suspected emergency or uncertainty, contact a doctor, an out-of-hours medical service or the emergency services immediately. In such situations, users must not wait for guidance or output from the app.

7. BodyWision Free and Pro, prices and app stores

BodyWision Free is free of charge and provides limited use of the app, in particular manual management of the health record. Users decide whether to use Free or take out a paid BodyWision Pro subscription. The features available under each tier and any usage limits are displayed in the app.

BodyWision Pro is available as a monthly or annual subscription. Both options provide the same Pro features. The services, usage limits, technical requirements, subscription periods and total prices, including applicable taxes, displayed in the app and the relevant store before purchase determine the terms of the purchase. Any monthly comparison price displayed for an annual subscription does not alter the billing of the annual amount.

The subscription enables the agreed Pro features for the paid period. Technical requirements include a compatible device, a supported operating system, internet access for online features and access to the app store used. Usage rights already granted under individual agreements remain unaffected.

Purchases, payments and ordinary subscription management are handled through the relevant store under its terms applicable at the time of purchase: Apple or Google Play. The order confirmation identifies the contracting party responsible for processing the purchase. BodyWision provides the app services and remains responsible for their performance in accordance with the contract.

8. Renewal, cancellation and price changes

A subscription renews automatically for the selected monthly or annual period unless automatic renewal is cancelled in time. The cancellation deadline and next billing date are displayed at the time of purchase and in the store's subscription management settings. Automatic renewal can be disabled there at any time with effect from the end of the current paid period.

If a subscription is cancelled with effect from the end of its term, Pro features remain available until the end of the paid period. Simply not using or uninstalling the app, losing login credentials or deleting the BodyWision account does not automatically cancel the store subscription. Automatic renewal should therefore also be disabled in the store before the account is deleted.

New advertised prices apply to new subscriptions. A price increase for an existing subscription may take effect only for a future subscription period, following advance notice and express consent. Without that consent, this clause does not increase the previous price.

9. Withdrawal and refunds

Withdrawal from a purchase and purchase-related refunds are handled through the relevant app store in accordance with the withdrawal information applicable to the purchase and statutory provisions. Cancelling automatic subscription renewal is distinct from exercising the right of withdrawal.

10. Free after a subscription ends, export and deletion

When Pro access ends, users may continue to use the app with their existing health record under BodyWision Free. Features reserved for Pro will then no longer be available. Data protection rights, deletion options and a complete data export remain available under Free. A complete export can be requested at support@bodywision.com.

After 24 consecutive months of inactivity, we automatically delete the account and the record contents stored by BodyWision. Automatic deletion due to inactivity does not take place while a paid entitlement to use the services remains in force. The period runs from the last use of the app; each subsequent use restarts the period. For existing accounts, this period begins no earlier than the date on which this provision takes effect.

Requests for earlier deletion and the limited retention of legally required evidence and encrypted backups are governed by the Privacy Notice. Deletion by BodyWision does not extend to copies users have already exported themselves.

11. Health data, AI consent and family profiles

The processing of health data and AI processing require the respective explicit consent where required. Details are set out in the Privacy Notice. Acceptance of these Terms does not constitute consent under data protection law.

Minors may not create their own accounts or use the app themselves. Family profiles for minor children may be managed only by adults with parental responsibility or legal authority to represent them. Data relating to other individuals may be processed only with their valid explicit consent or on the basis of sufficient legal authority to act on their behalf. Users must inform the individuals concerned about this processing and make the Privacy Notice available to them; BodyWision's own statutory obligations remain unaffected.

12. Duty of care, content and rights of use

Users may upload only content they are lawfully entitled to use, must protect login credentials and devices against access by others and must report identified security issues without undue delay. Unlawful use, unauthorised access, security attacks and circumvention of technical safeguards are prohibited. BodyWision cannot reliably identify or correct incomplete, incorrect or contradictory source data; medically relevant results must be checked against the original records and discussed with qualified healthcare professionals.

Users retain the rights to their own documents and input. BodyWision is granted only those rights of use necessary to provide the requested features. This does not authorise the use of health content for advertising or general model training.

Rights in the app remain with BodyWision or the respective rights holders. For app versions obtained other than through the Apple App Store, users are granted a personal, non-exclusive, non-transferable right of use for the duration of their respective entitlement. Uses permitted by law remain permitted.

For app versions obtained through the Apple App Store, the app licence is governed by Apple's Standard End User Licence Agreement (Standard EULA). These Terms supplement the Standard EULA with the terms governing BodyWision's services, in particular Free and Pro, and do not replace it. Mandatory consumer rights remain unaffected.

13. Operation, updates and changes to services

We provide the agreed services and updates required by law throughout the period during which we are contractually required to supply them. We inform users of necessary updates and the consequences of failing to install them. Temporary maintenance or service disruptions may occur.

Changes beyond this are permitted only where necessary to address changes in legal requirements, avert specific security risks or adapt to changes in operating systems or technically necessary interfaces. They must be reasonable for users, must not result in additional costs and will be clearly explained. Such changes do not extend the agreed intended purpose.

If a change has more than a minor adverse effect on access or use, we will inform users reasonably in advance, on a durable medium such as an email or a personal message that can be saved, of the nature and timing of the change and their rights. In that case, users may terminate the contract free of charge within 30 days of the change or, if later, receipt of the information. This does not apply where users can continue using the unchanged service in conformity with the contract at no additional cost.

14. Statutory rights in respect of defects, liability and support

Statutory rights in respect of defects and claims for damages apply. These Terms do not restrict mandatory rights of withdrawal, refund or termination for cause. Complaints and reports of defects may be sent to support@bodywision.com.

A medical outcome, diagnosis or suitability for therapeutic purposes does not form part of the agreed services. The explanations concerning AI errors and intended purpose do not restrict statutory claims arising from defective app services or culpable breaches of duty.

Support addresses technical and organisational questions and does not provide medical advice. Please do not send medical reports or other health information through ordinary email or messaging channels; where necessary, we will agree on an appropriate secure channel.

15. Suspension and termination

Where specific security risks exist or there are reasonable grounds to suspect serious misuse, we may temporarily restrict access to the extent necessary. We will provide information about the reasons and remedial measures insofar as this is legally permissible and does not jeopardise security.

The contract may be terminated for cause only where there is good cause. Where a breach can be remedied, a request to remedy it within a reasonable period will generally be issued first. Users may request deletion of their account at any time; Section 8 also applies to any store subscription.

16. Changes to these Terms and applicable law

Changes to these Terms for existing contracts require express agreement. Silence or continued use alone does not constitute consent. Changes to services under Section 13 are governed exclusively by the conditions set out in that section.

Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain applicable. Jurisdiction is determined by statutory provisions. The contractual language of this version is English.