Terms of Use

1. Scope

These terms apply to all contracts between MiraNext GmbH ("MiraNext") and users, practices, hospitals and other institutions ("Customer") regarding the use of the MiraScribe platform.

MiraScribe is distributed exclusively to business customers and to medical doctors acting in a professional capacity. Use by consumers is not foreseen.

Deviating terms of the Customer apply only if MiraNext has expressly agreed to them in writing. Unusual clauses are highlighted separately (rule of the unusual).

2. Conclusion of Contract

The contract is concluded upon registration in MiraScribe and the subsequent confirmation by MiraNext, at the latest upon the first actual use of the platform (Art. 1 et seq. CO).

Upon registration, the Customer warrants that they are authorised to practise as a physician and will obtain the consents from their patients required for recording consultations.

3. Description of Services

MiraScribe is a cloud-based application that records medical consultations, transcribes them automatically and converts them into structured clinical documentation.

MiraScribe is an AI-assisted documentation tool. The physician reviews and is responsible for all output. MiraScribe does not provide diagnosis or treatment decisions.

The specific scope of functionality results from the tariff booked in each case and the valid product description on the MiraNext GmbH website.

4. Customer Obligations

The Customer undertakes in particular to:

• Validate all generated content before adopting it into the electronic patient record (medical plausibility check).
• Comply with professional rules (professional secrecy under Art. 321 Swiss Criminal Code, duty to inform) and with the revFADP when collecting and processing patient data.
• Carefully maintain master data and HIS configuration (data hygiene).
• Treat access credentials confidentially; not pass them to third parties; request a block where misuse is suspected.
• Report security-relevant incidents to support@miranext.ai without delay.

5. Availability

MiraNext strives for the highest possible availability of the platform but, under the basic tariff, does not owe a guaranteed 24/7 service level agreement (SLA).

Planned maintenance windows are announced in advance; unplanned outages are remedied as quickly as technically possible. Specific SLA commitments may be agreed in higher tariffs or in individual contracts.

6. Remuneration and Payment Terms

Remuneration is based on the price list valid at the time of the order. Unless agreed otherwise, billing is monthly in advance by direct debit or credit card via our payment service provider.

All prices are exclusive of statutory value added tax, where applicable.

7. Liability

MiraNext is liable under the provisions of the CO, but with the following limitations to the extent permitted by law (Art. 100, Art. 101 CO):

• MiraScribe makes no medical decisions. The Customer alone remains responsible for every medical diagnosis, treatment and documentation; liability for medical decisions is excluded.
• For slight negligence, liability is excluded to the extent permitted by law; otherwise MiraNext is liable only up to the amount of the typical, foreseeable damage.
• Liability for lost profit, indirect damage and consequential damage is excluded to the extent permitted by law.
• The limitations of liability do not apply in cases of unlawful intent or gross negligence (Art. 100 para. 1 CO), nor for injury to life, body or health, nor under the mandatory Product Liability Act (PLA / PrHG).

8. Term and Termination

The contract is concluded for an indefinite period and may be ordinarily terminated by either party with 30 days' notice to the end of the respective billing period, unless agreed otherwise in an individual contract.

The right to extraordinary termination for good cause remains unaffected.

Terminations require text form (e.g. email to support@miranext.ai).

9. Data Protection and Order Processing

The processing of personal data is carried out in accordance with the privacy policy and the separately concluded order-processing agreement (Art. 9 revFADP).

10. Final Provisions

Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the conflict-of-laws referral rules.

The exclusive place of jurisdiction for all disputes arising out of or in connection with this contract is [Placeholder — Swiss place of jurisdiction, e.g. the seat of any Swiss branch], to the extent a jurisdiction agreement is permissible vis-à-vis business customers.

Should individual provisions be or become invalid, the validity of the remaining provisions remains unaffected.