Switzerland Addendum
ADDENDUM TO VIRGIL HEALTH LLC’S TERMS OF USE
SWITZERLAND ADDENDUM
LAST UPDATED: 01 OCTOBER 2025
PURPOSE OF THIS ADDENDUM
This Addendum supplements Virgil Health’s Terms of Use (“Terms”) for consumers resident in Switzerland. It modifies or overrides provisions of the Terms only to the extent required by mandatory Swiss law. Where there is any conflict between the Terms and this Addendum for such consumers, this Addendum prevails to the extent of that conflict.
For clarity, and only where required by applicable Swiss law, this Addendum prevails over any inconsistent wording in the Terms, including any provision purporting to limit remedies to discontinuing use of the Services (the “sole and exclusive remedy” provision), but only to the extent such wording would restrict mandatory rights or remedies under Swiss law.
Nothing in this Addendum expands Virgil Health’s obligations or your rights beyond what applicable law requires. All other provisions of the Terms remain unchanged and in force.
1. GOVERNING LAW AND JURISDICTION
1.1 Governing Law
The Terms are governed by the laws of the State of Wyoming, USA. This choice of law does not deprive Swiss consumers of the protection of mandatory Swiss law. Where Wyoming law conflicts with mandatory Swiss provisions, the Swiss provisions prevail.
1.2 Jurisdiction
If you are a consumer resident in Switzerland, you may bring proceedings relating to the Terms in the courts of your domicile (Wohnsitz). Virgil Health may bring proceedings against you only in the courts of your domicile, to the extent required by applicable law.
2. PRE-LITIGATION PROCESS
2.1 Pre-Action Notice
Before filing suit, you must email a written notice to info@virgilhealth.care that includes: (a) your full name and address; (b) booking reference(s); (c) a concise statement of facts; (d) the specific contractual provision(s) you rely on; (e) the remedy demanded; and (f) the key documents you will rely on (attached where possible). Virgil Health has thirty (30) days from receipt to respond and propose a resolution. This requirement does not prevent you from bringing proceedings after that period and does not suspend any mandatory limitation period.
2.2 Conciliation
Where the Swiss Civil Procedure Code requires conciliation prior to filing a claim, you must comply with that procedure.
2.3 Settlement Conference
If the dispute is not resolved within the thirty (30) day Pre-Action Notice period, either party may require a single, without-prejudice settlement conference (maximum two (2) hours, remote or in person) to be held within thirty (30) days thereafter. Each party bears its own costs; any facilitator’s fees are shared equally, unless otherwise agreed in writing. The conference does not restrict your right to file suit if unresolved. Communications are confidential to the extent permitted by law.
3. COLLECTIVE PROCEEDINGS (SWITZERLAND)
3.1 Statutory mechanisms only
If you are a consumer resident in Switzerland, you may participate in group, collective, or representative proceedings only to the extent expressly provided by Swiss law, including mechanisms set out in the Swiss Civil Procedure Code (as revised and in force).
3.2 No extra-statutory aggregation.
You may not initiate or join collective proceedings outside those statutory mechanisms. Except as permitted by mandatory Swiss law, you may not assign, transfer, or aggregate your claim to third-party claims vehicles or claims managers.
3.3 Individual steps first.
Before participating in any statutory collective proceeding concerning your claim against Virgil Health, you must complete the Pre-Action Notice in Section 2.1 and, where applicable, conciliation under Section 2.2.
3.4 Case management and stays.
Where a statutory collective proceeding overlaps with your individual claim, Virgil Health may request appropriate case-management measures (including stay, coordination, or consolidation where available) to avoid duplication and inconsistent outcomes.
3.5 Security for costs and funding disclosure (as permitted by law).
Virgil Health’s rights to seek security for costs and to request disclosure of third-party litigation funding are reserved to the extent permitted by Swiss law.
4. RIGHT OF WITHDRAWAL
Swiss law does not grant a general statutory right of withdrawal for online bookings of services. The Terms do not create any additional right of withdrawal beyond what Swiss law requires. Bookings tied to a specific date and time may be non-refundable once confirmed, in accordance with the Terms.
5. LIMITATIONS OF LIABILITY
Nothing in the Terms or this Addendum excludes or limits liability for intent or gross negligence, or for death or personal injury, to the extent such exclusions or limitations are not permitted under mandatory Swiss law. All other liability provisions in the Terms continue to apply.
6. PLATFORM SCOPE AND CLINICAL SERVICES
6.1 Platform Only. Virgil Health provides access to its platform, informational content, and other non-clinical services. Virgil Health does not provide medical consultations, diagnosis, treatment, or prescribing in Switzerland.
6.2 Independent Clinicians. If you engage with an independent licensed clinician through tools accessible from the Services (including via third-party platforms), any consultation, diagnosis, treatment, or prescribing is provided solely by that clinician under separate terms and consents presented at the point of care. Virgil Health does not supervise or control clinicians’ professional judgment.
6.3 No Virgil–Patient Relationship. Nothing in the Terms or this Addendum creates a physician–patient (Arzt–Patient) or provider–patient relationship between you and Virgil Health. Any statutory patient rights under Swiss law (including cantonal health legislation and applicable professional rules) apply only between you and the clinician who provides the clinical services.
6.4 Telemedicine Consent and Records. Where telemedicine is used, any required patient information and consent is obtained by the clinician at the point of care. Medical records and clinical documentation are maintained by the clinician in accordance with Swiss law and professional obligations, not by Virgil Health.
7. COPYRIGHT / NOTICE-AND-TAKEDOWN
For consumers resident in Switzerland, any reference in the Terms to the U.S. Digital Millennium Copyright Act (DMCA) is replaced by this clause.
Notices. If you believe content available through the Services infringes your rights, send a notice to info@virgilhealth.care that includes: (a) your full name and contact details; (b) identification of the work(s) or right(s) allegedly infringed; (c) the exact location (URL or sufficient description) of the material on the Services; (d) a description of the alleged infringement; (e) a statement that you have a good-faith belief the use is not authorized by the rights holder or the law; (f) a statement that the information in the notice is accurate and that you are the rights holder or authorized to act; and (g) your signature (physical or electronic).
Action. Upon receiving a sufficiently precise notice, Virgil Health will assess it and, where legally required, remove or disable access to the material. Virgil Health may notify the user who posted the material and, where necessary, share the notice details to address the claim.
Response by the user. The user who posted the material may submit a response explaining why the material is lawful and providing supporting information. Virgil Health will consider the response and may restore or keep the material disabled, consistent with applicable Swiss law.
Repeat infringements. Virgil Health may restrict or terminate accounts that are repeatedly associated with unlawful content, taking into account the circumstances and applicable law.
Reservation. Nothing in this clause limits any statutory rights or remedies available to rights holders or users under Swiss law.
8. INSURANCE AND REIMBURSEMENT
Virgil Health does not submit claims to or interact with Swiss mandatory health insurance (KVG/LAMal) or with supplementary/private insurers. You are responsible for paying all fees through the platform. Any entitlement to reimbursement from a public or private payer must be pursued directly with that payer.
9. LIMITATION PERIODS
Any contractual limitation periods in the Terms apply only to the extent permitted by mandatory Swiss law. Where Swiss law prescribes longer mandatory prescription periods, those periods apply.