SWORD HEALTH TERMS AND CONDITIONS
EUROPEAN UNION AND UNITED KINGDOM
INTRODUCTION
Welcome to Sword Health! We offer wellness, physical therapy, and pediatric healthcare services by virtually connecting our users or the children on whose behalf our users act, to doctors of physical therapy, physical therapists, physiotherapists, or other professionals. We do this through our websites, including, but not limited to, www.swordhealth.com and related sites, and the Sword mobile applications, (collectively, the “Sites”), as well as the Sword Health Digital Therapist device, Sword motion sensors, the Bloom Pod device, the Pulse wearable device, and other biofeedback technology and exercise monitoring equipment, and other electronic means such as video conferencing, chat, phone, and online events (the foregoing, together with the Sites, the “Services”).
By accessing or using the Services, you agree to be bound by these Terms and Conditions (the “Terms”), our Privacy Notice, Consent for Telehealth. The Sword Health Digital Therapist is classified as a medical device under UK laws. The Sword Health Digital Therapist is classified as a medical device under the Regulation (EU) 2017/745 (MDR).
The use of “Sword” in these Terms refers to the Sword Health contracting entity for your geographical region, as identified below.
Surgery Hero Limited trading as Sword Health is a company registered in England and Wales under company number 12607401, with its registered office at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX. For UK users of Sword, the contracting entity is Surgery Hero Limited.
SWORD HEALTH PHYSIO, UNIPESSOAL, LDA, is a company registered in Portugal under company number 517226545, with its principal place of business at Avenida Sidónio Pais 153, Edifício A, Piso 5, 4100-467 Porto, Portugal.
The Services are owned by Sword Health Technologies, Inc, and its affiliates, including, but not limited to Surgery Hero Limited, Sword Health, S.A., and Sword Health, Inc.
For information on how Sword processes your personal data, please see our EU and UK Privacy Notice.
If you are accessing the Services from the United States click here (as these Terms do not apply to you).
If you are accessing the Services from Canada click here (as these EU/UK Terms do not apply to you).
To help you read these Terms, we have organized them into the following sections:
Your Privacy When Using the Services
Site Content is Not Medical Advice
Promises You Make to Sword While Using the Services
Use of Artificial Intelligence as Part of the Services
You or Sword Can Suspend or Terminate Your Use of the Services
DISCLAIMER, LIMITATION OF LIABILITY, YOUR INDEMNITY, AND GOVERNING LAW
Governing Law and Jurisdiction
Changes to the Terms or Services
Use of Your Device and the Internet to Access the Services
Severability, No Waiver, and Course Of Conduct
Third Party Rights, Assignment, Acquisition, and Relationship
OUR SERVICES
Who Provides the Services
Sword provides the Services through which you can access a variety of programs via telehealth for musculoskeletal support, pelvic health support, mental wellness and other health wellness services provided by a professional ("Health Services").
Sword engages licensed physical therapists, physiotherapists, and other qualified health professionals (each a “Professional” or together, the “Professionals”) to provide Health Services. Professionals are engaged as employees, independent contractors, or through a separate professional corporation or other professional entity, in each case in accordance with the requirements of the jurisdiction in which they are licensed to practise.
All Professionals performing Health Services through the Services hold the registration or professional title required in the jurisdiction where they practise. In the United Kingdom, physiotherapists must by law be registered with the Health and Care Professions Council (HCPC) and must meet the HCPC Standards of conduct, performance and ethics and the HCPC Standards of proficiency for physiotherapists, with professional guidance from the Chartered Society of Physiotherapy (CSP); the titles “physiotherapist” and “physical therapist” are protected by law and may only be used by HCPC registrants. In Portugal, fisioterapeutas must be registered with the Ordem dos Fisioterapeutas, which confers the professional title and issues the cédula profissional, and healthcare establishments are regulated by the Entidade Reguladora da Saúde (ERS). In other European Union Member States, Professionals are registered with, and subject to the conduct standards of, the equivalent national professional order or licensing authority and health services regulator. Each Professional is responsible for the Health Services that they provide to you, and exercises their own independent clinical judgement in assessing you, planning your care, and deciding whether to escalate or refer your care. Professionals provide Health Services subject to the professional, ethical, and conduct standards of the professional regulator and professional body applicable to their discipline and jurisdiction (for example, the statutory health professions regulator and relevant professional association in the United Kingdom, and the equivalent professional order or licensing body and health services regulator in Portugal and other European Union Member States), and subject to the requirements applicable to the healthcare establishment or provider through which care is delivered.
You can report a complaint relating to the care provided by a Professional by contacting Sword using the details in the Contact Information section, and you may also raise a complaint directly with the relevant professional regulator or health services regulator in the country where you primarily receive care, or with the health service body or payer that made the Health Services available to you. In a professional relationship, sexual intimacy is never appropriate and should be reported to the licensing board. Where you are assessed or treated by a Professional through the Health Services, a clinician-patient relationship is established between you and that Professional, and that relationship is governed by the professional duties owed to you by that Professional. Sword delivers the Health Services through qualified Professionals who exercise independent clinical judgment, and the software platform itself does not practice medicine.
As part of the Services, Sword may provide you with accessory devices. These accessories enable the Services to monitor and share with you and a Professional your progress in the Services. The accessory devices are licensed to you, and not sold, and provided solely for your use with the Services during the term of the Services. If you receive an accessory device that is defective, please contact us at help@swordhealth.com to receive a replacement. You may be asked to return the defective accessory device. The Services may interoperate with or enable access to wearable devices, sensors, applications, technology or platforms provided by third parties (“Third Party Wearable(s)”) during the term of the Services. These Third Party Wearables may include, among others, Apple Health, Apple Watch, Fitbit, Garmin, Samsung Galaxy Watch, Google Pixel Watch or Wear OS or Oura device. Sword may, in its sole discretion, alter or remove the capability for any Third Party Wearable to interoperate with the Services at any time without notice to you. If configured in accordance with the Third Party Wearable provider instructions, the Third Party Wearables enable the Services to monitor and share with you and a Professional your progress on the Services. Sword does not manufacture, control or endorse such Third Party Wearables, use of such Third Party Wearables is solely at your risk and subject to the applicable Third Party Wearable provider’s terms and privacy policies.
Where the Services include AI Pediatrics, please refer to the AI Pediatrics Section below, which applies in addition to this Section.
Who Can Use the Services
To use the Services, you must (1) be eligible through your employer, health insurance provider, occupational health provider, NHS Trust or other public healthcare body, (2) register for an account, (3) be at least 18 years of age (or the age of legal majority in your jurisdiction) or, if you are an eligible minor under applicable local law, have a parent or legal guardian create an account on your behalf or provide required authorisation in accordance with applicable laws and our Privacy Notice, (4) accept these Terms, and (5) meet certain physical and medical criteria. You may not create multiple accounts. By seeking care from Professionals through the Services, you give permission to the Professionals to provide Health Services to you. You may withdraw this consent at any time by no longer using the Services. Sword and the Professionals each have the right to accept or reject any applicant for the Health Services, each in its sole and complete discretion. Where the Services include AI Pediatrics, a Child of any age may be the recipient of Health Services, provided that the Parent/Guardian User meets the requirements set out in the AI Pediatrics Section below.
You acknowledge that as part of your use of the Services you may engage in physical exercises and movement and may use devices, such as the provided accessories, and/or Third Party Wearables, and as with all such physical activity, there is an inherent risk of injury or complication to any existing conditions. By using the Services, you are voluntarily participating in such physical activities and using such devices, and you acknowledge these inherent risks. This does not affect any liability of Sword or a Professional arising from negligence or from a failure to exercise reasonable care and skill. While the Services are developed in accordance with generally-accepted standards of care, results are not guaranteed. You may discuss the purposes and risks associated with all recommended activities with a Professional. This paragraph and the eligibility criteria set out below do not apply to AI Pediatrics, which does not involve physical exercise, movement, or exercise equipment.
You may not be eligible to use the Services or receive the Health Services in the following situations: (a) if you suffer from a health condition (including, but not limited to cardiac, respiratory, neurological, or autoimmune issues) that is incompatible with moderate exercise or movement; (b) if you are experiencing progressive loss of strength or sensation in your arms or legs that is new in onset or sudden or an unexpected change in urinary or bowel function; (c) if you had a recent fracture; (d) if you recently (in the last four weeks) suffered a significant trauma in the area where you feel pain and cannot move the affected body area; (e) if you had musculoskeletal or pelvic surgery recently (ie, less than 3 months prior to enrollment); (f) if you have signs of infection in the area of pain, for example if the area is red and swollen or you are experiencing fever or chills; (g) if you have an active cancer or are undergoing treatment for cancer; (h) you have given birth within the last six weeks; (i) you experience unexplained pelvic or abdominal pain; (j) you experience persistent pain when inserting (even with water based lubricant) or using an accessory; (k) you have a medical condition affecting your pelvic health such as abnormal vaginal discharge, abnormal vaginal bleeding, severe pelvic organ prolapse, recent or recurring UTIs, or a genital fistula; (l) you are pregnant and experiencing complications that may impact use of the accessory, such as an incompetent cervix; (m) you have a history of skin or tissue sensitivity. In these cases, or if you are unsure whether or not to use the Services we advise you to seek clearance from a physician to engage in moderate exercise or movement before applying to enroll in Sword.
In certain circumstances, in order to receive the Health Services, a physician, surgeon or other authorized clinician may need to examine you and approve your use of the Health Services. Depending on your circumstances, this approval may need to happen before, or at a specific point during, your use of the Health Services.
Subject to these Terms, Sword grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to use the Services for your own personal use, or where the Services include AI Pediatrics, for the benefit of the Child on whose behalf you use the Services, and in either case not for any business purpose or commercial activity.
Your Privacy When Using the Services
Sword will only use your information as described in our Privacy Notice and applicable law. If you have any questions regarding privacy and security of your information, please read our Privacy Notice in addition to these Terms.
If you use the Services to enter and maintain information that identifies, or is reasonably capable of identifying, you (“Personal Data”), you understand that you are responsible for safeguarding and securing your devices and the associated credentials (such as user identifiers and passwords). If you leave your device unattended, or if it is lost or stolen, your Personal Data may be accessible to others.
Site Content is Not Medical Advice
General informational and educational content made available through the Services (such as articles, videos, general exercise guides, or third-party links) is provided for informational purposes only and does not constitute individualized medical or clinical advice. This general content is not a substitute for an individual clinical assessment. However, personalized assessments, care plans, and direct guidance provided to you by a Professional as part of your Health Services do constitute clinical care and medical advice. Call your local emergency services or primary healthcare provider for all medical emergencies.
Promises You Make to Sword While Using the Services
When you register and use the Services, you agree to:
- provide accurate and complete information that you own or have the right to use, and update such information if it changes over time;
- use the Services only for your own personal use, or, where the Services include AI Pediatrics, for the benefit of the Child on whose behalf you use the Services;
- seek medical advice from a qualified professional before using the Services if you have a pre-existing medical condition that may impact your ability to use the Services or receive the Health Services;
- comply with all applicable laws, regulations, and ordinances;
- maintain the confidentiality and security of your username and password and immediately notify Sword of any unauthorized use of your password or account;
- be fully responsible for all activities that occur on your account;
- safeguard and maintain the security of any equipment or devices (such as the tablet and sensors) provided to you;
- Where required by applicable law in your jurisdiction, tell us, before enrolment or as soon as you become aware, if the condition for which you seek Health Services arises from a work-related accident or occupational disease that is subject to a workers' compensation, occupational-accident insurance, or similar employer-liability scheme in your jurisdiction, as treatment for such conditions may need to be provided or approved through that scheme (for example, by the occupational-accident insurer in Portugal, or the equivalent statutory occupational-accident insurer, fund, or mutual insurance body in other European Union Member States) and may affect your eligibility for the Services;
- not export or re-export anything from the Services, except in compliance with applicable laws and regulations;
- not copy, distribute, or share any aspect of the Services or Health Services with a third-party, except your healthcare provider(s) or legal agents, for any purpose;
- not resell the Services or prepare derivative works from the Services, whether by manual or automated methods;
- not circumvent, disable, breach, or otherwise interfere with security-related features of the Services, including by using bots, crawlers, spiders, data miners, scraping, or other tools;
- not interfere with, disrupt, damage, or compromise the Services or the systems used to provide the Services, including by using viruses, denial-of-service attacks, packet injection, or by imposing an unreasonable load on the Services;
- not attempt to decipher, decompile, disassemble, or reverse engineer any of the code or software used to provide the Services;
- not assist or permit any third party to do anything prohibited by these Terms; and
- comply with all Sword applicable Manuals and Instructions, for the use of the Services.
AI Pediatrics (only where available, not currently available in all regions)
This Section applies only where the Services include AI Pediatrics, a service through which a parent, legal guardian, or other individual with parental responsibility or equivalent legal authority (a "Parent/Guardian User") uses the Services on behalf of a child (the "Child") to access the AI Component and, where clinically appropriate, Health Services from a pediatrician (a "Pediatrician", included within the meaning of "Professional" above). Except as set out in this Section, all other provisions of these Terms, including the Disclaimer, Limitation of Liability, Governing Law and Jurisdiction, and Miscellaneous Sections below, apply equally to AI Pediatrics, the Parent/Guardian User, and the Child.
For AI Pediatrics, the contracting entity for a given jurisdiction is SWORD HEALTH PHYSIO, UNIPESSOAL, LDA.
Parent/Guardian Users and Children. The Parent/Guardian User, not the Child, is the person who registers and contracts with Sword. To register as a Parent/Guardian User you must be at least 18 years of age, have full legal capacity to enter into a binding contract, and hold parental responsibility, guardianship, or equivalent legal authority over the Child, or have been given authority to do so by such a person. By creating a Child profile, you represent that you hold that authority, including, where required, the authority to consent to Health Services on the Child's behalf, and, where more than one parent or guardian shares responsibility for the Child, that your use of the Services is consistent with the extent of your authority under applicable family law. You agree to inform Sword of any known dispute, restriction, or court order affecting parental responsibility, and to keep your and the Child's information accurate, complete, and up to date. Acceptance of these Terms and this representation of parental authority are not, by themselves, sufficient to constitute the specific informed consent to a healthcare act required under the healthcare-consent law and professional deontology applicable in certain jurisdictions.
Use of the AI Component for AI Pediatrics. Where you use AI Pediatrics, the AI Component described above engages in conversation with the Parent/Guardian User about the Child; answers general, non-clinical questions using content curated by Sword's pediatric team; and, for any matter that concerns or may concern a clinical topic, gathers relevant information and routes the matter to a Pediatrician rather than answering it ("Clinical Escalation"). The AI Component does not provide a medical diagnosis, prescribe or recommend treatment, or give individualized medical advice on any clinical matter; clinical decisions are made exclusively by Pediatricians. AI functionality may be susceptible to errors, may be incomplete, and may not reflect the Child's individual circumstances; it should not be relied on as a substitute for a Pediatrician's professional judgment on any matter that is, or may be, clinical in nature.
Emergencies. AI Pediatrics is not an emergency service, and no part of the Services is designed, intended, or able to respond to a medical emergency or a time-critical situation involving the Child. If you believe the Child is having a medical emergency, or needs urgent medical attention, do not wait for a response from the AI Component or from a Pediatrician: call your local emergency number (112) or take the Child to the nearest emergency department immediately. Where the AI Component applies a deterministic check for emergency indicators, and that check identifies such an indicator, it will direct you immediately and clearly to seek emergency care and will separately alert a Pediatrician; the absence of such a prompt in a given conversation does not mean that emergency care is not needed, and you should always use your own judgment.
Nothing in the Force Majeure Section below excuses Sword's obligation, where the AI Component remains operational, to continue directing a Parent/Guardian User to emergency services in the circumstances described in this Section.
Health data and liability. References to "Personal Data" and "your information" throughout these Terms include the Child's Personal Data and information where you use AI Pediatrics on the Child's behalf, and the indemnity in the Your Indemnity Section below extends to your receipt of Health Services from a Pediatrician on the Child's behalf. The liability cap in the Limitation of Liability Section below applies equally to AI Pediatrics and has not been amended for this Section.
Regulatory status of the AI Component. Whether the AI Component's emergency-detection and escalation logic qualifies as a medical device under Regulation (EU) 2017/745 (MDR) or the equivalent UK regime, and its classification and Sword's operator role under the EU AI Act, remain open questions requiring dedicated regulatory analysis, together with Article 50 AI Act transparency at the point of first use.
Use of Artificial Intelligence as Part of the Services
As part of the Services, you may interact with a virtual assistant, text, visual or voice messages, and/or instructions or other content that are generated partially or entirely by computer software and algorithms that may employ Artificial Intelligence (AI) functionality (the AI Component"). Sword and Professionals strive to employ AI functionality with the Services in a safe and compliant manner, using necessary testing and controls, with ongoing oversight. As with any technology, AI functionality may be susceptible to errors. The AI functionality processes Personal Data in a manner consistent with our Privacy Statement.
You or Sword Can Suspend or Terminate Your Use of the Services
You can cease using the Services and/or terminate your account at any time. Sword can also suspend or terminate your access to the Services for the reasons identified below. To terminate your account, contact Sword at help@swordhealth.com and a team member will verify your identity and complete your request. Sword may suspend your use of the Services or terminate your account if you are determined to be no longer eligible to use the Services. Sword may also suspend or terminate your use of the Services for cause, including, but not limited to, a belief that your conduct or use of the Services: (1) fails to comply with these Terms; (2) breaches applicable laws; (3) is harmful to Sword, the Professionals, or our clients or other users; or (4) is abusive, harassing, threatening, or otherwise inappropriate or illegal conduct. If your use of the Services is terminated, Sword will have no further obligation to provide you with access to the Services, except to the extent that Sword must provide you access to your health records or the Professionals are required to provide you with continuing care under their professional obligations to you or otherwise required by law.
Changes to the Services
Sword and its affiliates are always striving to update, enhance and improve the Services and the ability of the Professionals to provide Health Services. As such, you acknowledge that Sword and its affiliates may change, modify, enhance, supplement, temporarily suspend or terminate the Services, or any portion thereof, at any time in the operation of its business or in response to a legal or regulatory requirement (“Changes”). You acknowledge that Changes may occur without notice to you.
INTELLECTUAL PROPERTY
The Services and their contents, features, and functionality (including but not limited to all information, software, devices, accessories, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by Sword, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other laws.
Except as expressly set forth in these Terms, (1) no licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Sword or its licensors and (2) you may not use or license the copyrights, trademarks, or patents without the express written permission of Sword, or the intellectual property owner, as applicable. All rights not expressly granted to you by these Terms are hereby reserved.
To the extent that you are able to post content through our Services, such as through a message board (“User Generated Content”), this paragraph applies to you. Applicable law provides recourse for copyright and other intellectual property owners who believe that material appearing on the Internet infringes their rights. If you believe in good faith that materials appearing on the Sites infringe your copyright (or other rights), you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked.
We reserve the right to refuse to accept or refuse or cease to use any User Generated Content supplied by any person that we think contravenes these Terms or otherwise infringes the rights or privacy of anyone else.
Physical Hardware
You agree that any accessory physical devices or equipment provided to you as part of the Services, such as a tablet or motion sensors, are, and will remain, the property of Sword. Unless otherwise indicated by Sword, if you cease receiving Services, or upon our request, you are responsible for returning all physical devices or equipment provided by us to us as detailed in the Instruction for Use which accompany each device. You are responsible for taking reasonable care of any devices provided to you. If a device is lost or damaged as a result of your negligence or deliberate act, we may ask you to pay its reasonable replacement cost. For patients accessing the Services through an NHS Trust or public healthcare body, equipment replacement is governed by the applicable Master Services Agreement between Sword and the Trust, and individual patients will not be directly charged. You are not responsible for fair wear and tear, for faults in the device, or for loss or damage that is not your fault.
Feedback
We welcome and encourage feedback from our users. You agree that all comments, suggestions, ideas, or feedback you provide us about the Services in any form (“Feedback”) may be freely used, copied, modified, sold, distributed and otherwise exploited in any manner by Sword and its affiliates without consent, obligation, or compensation to you.
Third Party Sources
Sword does not recommend or endorse any websites, tests, physicians, or other health care providers, products, or procedures that may be referenced or discussed as part of the Services. The Services may include links to third party websites or resources (“Third Party Sources”). In providing such links, Sword does not confirm, and is not responsible for, (1) the availability, terms, or privacy policies of such Third Party Sources, or (2) the content, products, or services available on or through such Third Party Sources. We do not endorse, credential, or accredit any opinions, recommendations, or information included on Third Party Sources. We are not responsible for the content of Third Party Sources, except to the extent that liability cannot lawfully be excluded or that we have failed to exercise reasonable care and skill in selecting or presenting them to you.
DISCLAIMER, LIMITATION OF LIABILITY, YOUR INDEMNITY, AND GOVERNING LAW
Disclaimer
Nothing in this Disclaimer affects your statutory rights, and this paragraph prevails over every other part of this Disclaimer. In particular, nothing in these Terms excludes or limits: (i) our obligation to provide the Services with reasonable care and skill; (ii) the professional duty of care owed to you by a Professional; (iii) your statutory rights in respect of any devices or digital content we supply, including that they be of satisfactory quality, fit for their purpose, and as described; (iv) our obligations under applicable medical device legislation or any liability for defective products; or (v) any other right or remedy that cannot lawfully be excluded or restricted under the Consumer Rights Act 2015 (if you are in the UK) or the consumer protection laws of your country of residence (if you are in the EU).
Subject to the paragraph above, and to the maximum extent allowed by applicable law: (a) the Services support, but are not a substitute for, emergency or urgent care, and clinical outcomes cannot be guaranteed; (b) we do not warrant that the Services will meet all of your individual requirements, that access will be uninterrupted, or that the Sites, applications, and software will be free from all errors, and we will use reasonable efforts to correct errors reported to us; (c) general wellness, exercise, and educational content made available through the Services is provided for information only and is not a substitute for the assessment and advice of a Professional; and (d) we do not endorse, and are not responsible for, third-party websites, resources, or content.
Where regulated devices or equipment are supplied to you as part of the Services, they are supplied in accordance with applicable medical device requirements, the Instructions for Use accompanying the device, and the statutory quality and safety rights described above. We do not pass through any manufacturer or other third-party warranty in respect of third-party equipment, but this does not affect your statutory rights or our own obligations to you as supplier.
Limitation of Liability
(a) Nothing in these Terms excludes or limits Sword’s liability for: (i) death or personal injury caused by our negligence; (ii) our fraud or fraudulent misrepresentation; and (iii) any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
(b) If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time you agreed to these Terms. You agree we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
(c) Subject to clause (a), we are not responsible for loss or damage that is not caused by our breach of these Terms or our negligence. This includes loss or damage caused by: (i) your own act or omission, including any failure to follow the Instructions for Use or the guidance of a Professional; (ii) the act or omission of a third party we do not control (which, for the avoidance of doubt, excludes Professionals engaged by Sword to deliver Health Services); (iii) an event outside our reasonable control, as described in the Force Majeure section; (iv) interruption, interference, malware, or failure of your device, operating system, network, or internet connection; or (v) any change in law or regulatory requirement that prevents or restricts provision of the Services, although we will give you notice of any resulting suspension or withdrawal of the Services in accordance with the "Changes to the Terms or Services" section.
(d) Notwithstanding (b), and save as set out in clause (a), our maximum liability to you for any loss or damage arising out of or in connection with these Terms, whether in contract (including under any indemnity), tort (including negligence), or otherwise shall be limited to the greater of (i) £1,000 or €1,000, as applicable to your jurisdiction, or (ii) the total amounts paid to Sword for the provision of the Services to you (whether paid by you or by a third-party payer on your behalf) in the twelve (12) months preceding the event giving rise to the claim. Nothing in this Section affects your statutory rights as a consumer.
Your Indemnity
You are responsible to Sword for losses that Sword suffers as a direct result of your fraudulent, unlawful, or deliberately harmful use of the Services, including infringement of third-party intellectual property rights or deliberate interference with the security or operation of the Services. Your responsibility under this Section is limited to losses that are a direct and foreseeable result of that conduct, and is subject to the same maximum amount that applies to our liability to you under the Limitation of Liability section. Nothing in this Section affects your statutory rights as a consumer or makes you responsible for any matter arising from your receipt of Health Services from a Professional, from your use of the Services in accordance with these Terms and the Instructions for Use, or from any clinical outcome.
Governing Law and Jurisdiction
(a) If you are located in the UK, these Terms are governed by English law. This means that your use of the Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by English law.
(b) If you are located in an EU Member State, these Terms are governed by Portuguese law. This means that your use of the Services, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by Portuguese law.
(c) You may bring any dispute which may arise under these Terms to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under these Terms to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
(d) If you are resident in the UK or the European Union and we direct the Services to (and/or pursue our commercial or professional activities in relation to the Services in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms including (a) or (b) of this Section affects your rights as a consumer to rely on such mandatory provisions of local law.
DISPUTE RESOLUTION
We work hard to keep our customers satisfied. If a dispute arises between you and Sword, our goal is to resolve the dispute. If you have any concern or dispute about the Services, you agree to first try to resolve the dispute informally by contacting us by the methods listed in the Contact Information section at the end of these Terms.
MISCELLANEOUS
Changes to the Terms or Services
Sword may notify you within the Services, via authorized SMS or text messages, authorized email, or physical mail to inform you of any material changes to the Services or these Terms. Sword will use reasonable efforts to provide such notice thirty (30) days prior to the changes becoming effective. If you do not agree to a material change to these Terms or the Services, you may reject the change by terminating your account and ceasing use of the Services at any time before the change takes effect, without charge or penalty. If you continue to use the Services after the effective date of a change of which you have been notified, the modified Terms and/or changed Services will apply to you. Features and specifications of products or services described or depicted as part of the Services are subject to change at any time without prior notice.
Use of Your Device and the Internet to Access the Services
With the exception of physical equipment and devices provided to you by Sword, you are responsible for the software, hardware, Third Party Wearables or other equipment necessary to access the Services , including but not limited to obtaining internet services through a provider of your choice at your own expense, installing and maintaining security software, and utilizing updated web browsers (the “Network”). You are responsible for your own Network. We are not responsible for the security or availability of the internet or your Network, or for delay, failure, interruption, or corruption of data caused by them, however we remain responsible for the systems we control and for exercising reasonable care and skill in providing the Services.
Severability, No Waiver, and Course of Conduct
Except as explicitly provided herein, the unenforceability of any clause in these Terms will not affect the enforceability of the remaining Terms. We may replace any unenforceable clause with one that is enforceable. Our failure to enforce any provision does not constitute a waiver. Neither the course of conduct between the parties nor trade practice will modify any provision of these Terms.
Force Majeure
Sword will not be deemed to be in breach or liable for any breach of these Terms due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, an epidemic or pandemic, terrorism, war, invasion, failure of public networks, natural disaster, civil disorder, strikes, embargoes, or other disaster.
Third Party Rights, Assignment, Acquisition, and Relationship
The legal provisions in these Terms are for the benefit of Sword and third party providers of data, software, and content. Each of these individuals or entities has the right to assert and enforce these provisions directly against you on its own behalf. Sword may transfer its rights and obligations under these Terms to another organisation, provided that this will not reduce your rights under these Terms or under applicable law. We will tell you in advance if this happens, and if you are unhappy with the transfer you may end your use of the Services. Nothing in these Terms creates an agency, partnership, or joint venture.
Export Compliance
You confirm that you are not: (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List. The Services may not be downloaded or otherwise exported or re-exported: (1) into (or to a national or resident of) any country that is subject to a U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Services, you agree to the foregoing and confirm that you: (a) are not located in, under the control of, or a national or resident of any such country or on any such list; (b) are not listed on any U.S. Government list of prohibited or restricted parties; and (c) agree to comply with all export laws and other applicable laws.
Entire Agreement
Insofar as permitted by law, and if you have not signed a separate agreement with Sword, these Terms, including all documents incorporated herein by reference, state the entire agreement between you and Sword and between you and the Professionals. For users who access the Services pursuant to an agreement between Sword and a sponsoring health organization, NHS Trust, or employer, the terms of the applicable Master Services Agreement and Data Sharing Agreement (DSA) shall take legal precedence over these Terms in the event of any conflict or inconsistency
CONTACT INFORMATION
Please send any questions or report any violations of these Terms to:
LAST UPDATED ON AND EFFECTIVE ON: September 30, 2026