DISCLAIMER POLICY

THE MOVEMENT HEALTH FOUNDATION

Address: Rue du Rhône 65 c/o MLL Legal, 1204 Geneva, Switzerland
Contact: info@movement-health.org
Website: https://movement-health.org/

Effective Date: 22/08/2025
Last Updated: 22/08/2025

1. GENERAL DISCLAIMER

1.1 Nature of Services

The Movement Health Foundation (“Foundation”, “we”, “us”, “our”) is a Swiss non-profit foundation established to scale digital innovations for better health outcomes globally, particularly in low and middle-income countries. Our primary focus areas include cardiovascular disease and oncology prevention, treatment, and management through digital health solutions and healthcare system strengthening.

1.2 No Medical Advice

IMPORTANT MEDICAL DISCLAIMER: The information, content, services, and materials provided by the Foundation, including but not limited to our website, publications, research reports, digital platforms, and related communications, are intended for informational, educational, and advocacy purposes only.

THIS CONTENT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT RECOMMENDATIONS. The Foundation does not provide direct medical services, clinical care, or therapeutic interventions. All health-related information is provided for general educational purposes and should not be used as a substitute for professional medical consultation, diagnosis, or treatment.

1.3 Healthcare Professional Consultation Required

Any health-related decisions should be made in consultation with qualified healthcare professionals. Always seek the advice of a physician or other qualified healthcare provider with any questions regarding medical conditions, symptoms, or treatment options. Never disregard professional medical advice or delay seeking medical attention because of information obtained from the Foundation’s materials or platforms.

2. DATA PROTECTION AND PRIVACY COMPLIANCE

2.1 GDPR Compliance Statement

The Foundation is committed to compliance with the General Data Protection Regulation (EU) 2016/679 (“GDPR”) and applicable data protection laws. We process personal data in accordance with the following legal bases:

Article 6(1)(f) GDPR: Legitimate interests for foundation activities and healthcare innovation
Article 9(2)(h) GDPR: Health data processing for healthcare provision and management
Article 9(2)(i) GDPR: Processing for public health interests
Article 9(2)(j) GDPR: Scientific research and statistical purposes with appropriate safeguards

2.2 Health Data Processing

Health data is considered a special category of personal data under GDPR Article 9. The Foundation may process health-related data in the following contexts:

Research and Innovation: Developing digital health solutions and conducting healthcare research
Program Implementation: Supporting healthcare system strengthening initiatives
Partnership Activities: Collaborating with healthcare providers and technology partners
Advocacy and Policy: Promoting healthcare equity and access initiatives

All health data processing is conducted with appropriate technical and organizational safeguards, including encryption, access controls, and data minimization principles.

2.3 Data Subject Rights

Under GDPR, individuals have the following rights regarding their personal data:

Right of Access (Article 15): Request information about data processing
Right to Rectification (Article 16): Correct inaccurate personal data
Right to Erasure (Article 17): Request deletion under specific circumstances
Right to Restrict Processing (Article 18): Limit data processing in certain situations
Right to Data Portability (Article 20): Receive data in structured format
Right to Object (Article 21): Object to processing based on legitimate interests
Rights related to Automated Decision-making (Article 22): Protection against automated profiling

To exercise these rights, contact our Data Protection Officer at: info@movement-health.org

2.4 Cross-Border Data Transfers

The Foundation operates globally and may transfer personal data outside the European Economic Area (EEA) to countries that may not provide equivalent data protection. Such transfers are conducted using appropriate safeguards including:

Adequacy Decisions: Transfers to countries with adequate protection determinations
Standard Contractual Clauses: EU-approved contractual safeguards
Binding Corporate Rules: Internal data protection frameworks

Certification Mechanisms: Approved certification schemes

3. INTELLECTUAL PROPERTY AND CONTENT DISCLAIMERS

3.1 Intellectual Property Rights

All content, materials, trademarks, logos, and intellectual property displayed on Foundation platforms remain the property of the Foundation or respective third-party owners. This includes:

Research publications and reports
Software and digital health platforms
Educational materials and resources
Branding and visual elements
Proprietary methodologies and frameworks

3.2 Third-Party Content

The Foundation may reference, link to, or incorporate content from third-party sources including:

Academic research and publications
Healthcare provider materials
Technology partner platforms
Government and regulatory resources
International organization publications

The Foundation does not endorse, guarantee, or assume responsibility for third-party content accuracy, completeness, or reliability.

3.3 User-Generated Content

Users may submit content through Foundation platforms. By submitting content, users grant the Foundation a non-exclusive, worldwide, royalty-free license to use, reproduce, and distribute such content for foundation purposes, subject to applicable privacy rights.

4. LIMITATION OF LIABILITY

4.1 No Warranties

The Foundation provides all services, information, and materials “AS IS” and “AS AVAILABLE” without warranties of any kind, either express or implied, including but not limited to:

Merchantability or fitness for particular purposes
Accuracy, completeness, or reliability of information
Uninterrupted or error-free service availability
Security or absence of harmful components
Compliance with specific regulatory requirements in all jurisdictions

4.2 Limitation of Damages

To the maximum extent permitted by applicable law, the Foundation shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising from:

Use or inability to use Foundation services or materials
Reliance on information provided by the Foundation
Technical failures, service interruptions, or data loss
Third-party actions or content
Health outcomes or medical decisions made based on Foundation materials

4.3 Maximum Liability Cap

In jurisdictions where liability limitations are permitted, the Foundation’s total liability shall not exceed the greater of: (i) €1,000, or (ii) amounts paid by the user to the Foundation in the 12 months preceding the claim.

5. REGULATORY AND COMPLIANCE DISCLAIMERS

5.1 Medical Device and Software Regulation

The Foundation may develop, support, or promote digital health solutions that could be subject to medical device regulations, including:

EU Medical Device Regulation (MDR) 2017/745
EU In Vitro Diagnostic Regulation (IVDR) 2017/746
National healthcare technology regulations

Users and partners are responsible for ensuring compliance with applicable medical device regulations in their jurisdictions.

5.2 Healthcare Professional Licensing

The Foundation does not provide services requiring healthcare professional licenses. Any clinical or therapeutic services must be provided by appropriately licensed healthcare professionals in accordance with local regulations.

5.3 Pharmaceutical and Clinical Research

The Foundation may support clinical research and pharmaceutical initiatives. All such activities are conducted in compliance with:

Good Clinical Practice (GCP) guidelines
Declaration of Helsinki principles
Local clinical research regulations
Institutional Review Board (IRB) requirements

5.4 Cross-Border Healthcare Services

The Foundation operates internationally and may facilitate cross-border healthcare initiatives. Users must ensure compliance with applicable healthcare regulations, including:

Professional licensing requirements
Patient data transfer regulations
Healthcare service delivery laws
Import/export restrictions for medical technology

6. FINANCIAL AND OPERATIONAL DISCLAIMERS

6.1 Non-Profit Status

The Foundation operates as a Swiss non-profit foundation. Financial information is provided for transparency purposes only and should not be considered investment advice or financial guidance.

6.2 Funding and Partnership Disclosures

The Foundation receives funding from various sources including corporate partners, governmental organizations, and philanthropic entities. These relationships may create potential conflicts of interest, which we manage through:

Transparent disclosure of funding sources
Independent oversight and governance structures
Ethical guidelines and policies
Regular conflict of interest assessments

6.3 Performance and Outcome Disclaimers

While the Foundation strives to achieve positive health outcomes through our initiatives, we cannot guarantee specific results including:

Improved health outcomes for individuals or populations
Successful implementation of digital health solutions
Adoption rates for recommended interventions
Long-term sustainability of programs

Results may vary based on local conditions, implementation quality, and various external factors beyond the Foundation’s control.

7. WEBSITE AND DIGITAL PLATFORM DISCLAIMERS

7.1 Technical Disclaimers

The Foundation’s digital platforms may experience:

Service interruptions or downtime
Technical errors or glitches
Compatibility issues with user devices
Security vulnerabilities despite best efforts

Users are advised to maintain appropriate backups and security measures.

7.2 Cookie and Tracking Technologies

Our websites use cookies and similar technologies for:

Essential website functionality
Performance and analytics measurement
Personalization features
Cross-site functionality

Users can manage cookie preferences through browser settings. For detailed information, see our Cookie Policy.

7.3 External Links

Foundation platforms may contain links to external websites. We are not responsible for the content, privacy practices, or terms of use of linked sites. Users access external links at their own risk.

8. GEOGRAPHIC AND JURISDICTIONAL DISCLAIMERS

8.1 Global Operations

The Foundation operates internationally with varying legal requirements across jurisdictions. This disclaimer is designed to comply with multiple regulatory frameworks but may not address all local requirements.

8.2 Local Law Compliance

Users are responsible for ensuring their use of Foundation services complies with applicable local laws, including:

Healthcare regulations and licensing requirements
Data protection and privacy laws
Import/export restrictions
Professional practice regulations

8.3 Restricted Jurisdictions

Foundation services may not be available or appropriate in all jurisdictions due to regulatory restrictions or other limitations.

9. UPDATES AND MODIFICATION

9.1 Policy Updates

This disclaimer may be updated periodically to reflect:

Changes in applicable laws and regulations
Evolution of Foundation services and activities
New regulatory guidance or requirements
Operational improvements and best practices

9.2 Notification of Changes

Material changes to this disclaimer will be communicated through:

Website posting with effective date notice
Email notification to registered users
Prominent platform notifications
Annual policy review communications

9.3 Continued Use

Continued use of Foundation services after policy updates constitutes acceptance of the revised terms.

10. CONTACT INFORMATION AND DISPUTE RESOLUTION

10.1 Foundation Contact Details

The Movement Health Foundation
Rue du Rhône 65 c/o MLL Legal
1204 Geneva, Switzerland
Email: info@movement-health.org
Website: https://movement-health.org/

10.2 Data Protection Officer

For data protection inquiries and rights requests:
Email: info@movement-health.org
Subject Line: “Data Protection Inquiry”

10.3 Complaint Procedures

Users may file complaints regarding Foundation services through:

Direct contact with Foundation leadership
Swiss Data Protection Authority (for data protection matters)
Relevant professional regulatory bodies
Consumer protection agencies in applicable jurisdictions

10.4 Governing Law and Jurisdiction

This disclaimer is governed by Swiss law. Any disputes arising from Foundation activities shall be subject to the exclusive jurisdiction of Swiss courts, except where mandatory local law requires otherwise.

10.5 Alternative Dispute Resolution

The Foundation encourages resolution of disputes through:

Direct negotiation and good faith discussions
Mediation through recognized ADR providers
Arbitration under Swiss Rules of International Arbitration
Regulatory complaint procedures where applicable

11. SPECIAL POPULATIONS AND VULNERABLE GROUPS

11.1 Minors and Children

Foundation services are not specifically designed for individuals under 18 years of age. Any processing of data relating to minors requires:

Explicit parental or guardian consent
Enhanced data protection safeguards
Age-appropriate information and interfaces
Regular review of necessity and proportionality

11.2 Vulnerable Populations

The Foundation recognizes special obligations when working with vulnerable populations including:

Individuals with mental health conditions
Economically disadvantaged communities
Indigenous populations
Elderly individuals
Individuals with disabilities

Enhanced ethical safeguards and culturally appropriate approaches are implemented for these populations.

12. RESEARCH AND INNOVATION DISCLAIMERS

12.1 Experimental Nature

Some Foundation-supported digital health solutions may be experimental or investigational in nature. Users should understand:

Solutions may not have regulatory approval
Long-term effects may be unknown
Implementation may require adaptation
Results may vary across different populations

12.2 Research Ethics

All research activities are conducted in accordance with:

International research ethics guidelines
Local institutional review board requirements
Informed consent procedures
Data sharing and publication standards

12.3 Publication and Dissemination

Research findings may be published in academic journals, presented at conferences, or shared with the broader scientific community while protecting individual privacy and confidentiality.

ACKNOWLEDGMENT AND ACCEPTANCE

By accessing or using Foundation services, materials, or platforms, users acknowledge that they have read, understood, and agree to be bound by this disclaimer. This disclaimer supplements and does not replace any specific terms of use, privacy policies, or service agreements that may apply to particular Foundation programs or platforms.