Terms and Conditions for Brown Bag Med
Effective Date: April 2026
Version: 3.0
TERMS AND CONDITIONS
Brown Bag Med - Digital Medication Safety Platform
Version 3.0 | April 2026 | Supersedes Version 2.0
Governing Law: Swiss Law | Updated for legal clarity, regulatory alignment, and consumer protection compliance
Version 3.0 - Summary of Updates
This version includes three targeted updates identified by legal review of v2.0:
UPDATE 1 (Sections 20.2-20.5): Jurisdiction wording revised to align with Art. 32 ZPO - Swiss Consumer Users retain their domicile court rights; mediation is expressly voluntary for consumers; class action waiver is clarified as non-arbitral.
UPDATE 2 (Sections 9.0-9.1): Art. 100 OR liability framework clarified - gross negligence and personal injury are explicitly carved out from caps and exclusions; vicarious liability (Art. 55 OR) is addressed.
UPDATE 3 (Sections 15A, 22A): Asynchronous Review Duty of Care Protocol added - pharmacist documentation obligations are contractually mandated and cantonal compliance framework is referenced.
See also the companion Regulatory Compliance Annex (RCA-001).
1. Definitions
All defined terms from Version 2.0 are carried forward unchanged. The following additional definitions apply in Version 3.0:
"Art. 100 OR Mandatory Carve-Out" means the non-excludable liability for gross negligence (grobe Fahrlaessigkeit), wilful misconduct (Absicht), and personal injury or death under Art. 100 Swiss Code of Obligations (OR), which applies regardless of any contractual limitation or exclusion.
"Cantonal Duty of Care Standard" means the professional duty of care applicable to the Licensed Pharmacist under the health legislation and professional conduct rules of the Swiss canton in which that pharmacist holds their Berufsausuebungsbewilligung.
"Documentation Record" means the written record that the Licensed Pharmacist must complete for each review, confirming the sufficiency of submitted information or documenting the decision to decline, as required by Section 15A.
"Sufficiency Threshold" means the minimum clinical information required for a Licensed Pharmacist to discharge their Cantonal Duty of Care Standard in conducting an asynchronous remote medication review, as specified in the Regulatory Compliance Annex (RCA-001).
2-8. Service Terms, User Obligations, Fees, IP (Unchanged from v2.0)
Sections 2 through 8 of Version 2.0 are incorporated into this Version 3.0 in their entirety without amendment, except where specific sub-clauses are superseded by amendments in Sections 9, 15A, 20, and 22A below.
9. Limitation of Liability [AMENDED - Version 3.0]
Amendment Notice - Art. 100 OR Compliance Update
Section 9 has been substantially rewritten. The opening clause (Section 9.0) now contains the mandatory Art. 100 OR carve-out as a freestanding, prominently positioned provision. The liability cap (Section 9.1) and consequential loss exclusion (Section 9.2) are subject to and cannot override Section 9.0. The vicarious liability position (Art. 55 OR) is addressed in Section 9.6A. These amendments are required to avoid the risk that a Swiss court voids the entire liability section for failure to comply with Art. 100 OR.
9.0 Mandatory Art. 100 OR Carve-Out - Paramount Clause [NEW]
PARAMOUNT PROVISION - THIS CLAUSE OVERRIDES ALL OTHER LIABILITY PROVISIONS
NOTHING IN THESE TERMS - INCLUDING SECTIONS 9.1, 9.2, 9.3, 9.4, 9.5, AND 10 - LIMITS, EXCLUDES, OR MODIFIES LIABILITY FOR:
(A) DEATH OR PERSONAL INJURY CAUSED BY GROSS NEGLIGENCE (GROBE FAHRLAESSIGKEIT) OR WILFUL MISCONDUCT (ABSICHT) OF BROWN BAG MED, ANY LICENSED PHARMACIST, OR ANY PERSON FOR WHOSE CONDUCT BROWN BAG MED IS RESPONSIBLE UNDER ART. 55 OR;
(B) ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER ART. 100 SWISS CODE OF OBLIGATIONS (OR) OR ANY OTHER MANDATORY PROVISION OF SWISS LAW;
(C) FRAUDULENT MISREPRESENTATION OR FRAUDULENT CONCEALMENT;
(D) PERSONAL INJURY OR DEATH ARISING FROM SIMPLE NEGLIGENCE WHERE MANDATORY SWISS LAW PROHIBITS EXCLUSION.
THE PROVISIONS OF THIS SECTION 9.0 ARE PARAMOUNT AND SHALL PREVAIL OVER ALL OTHER PROVISIONS OF THESE TERMS. THEY CANNOT BE WAIVED OR VARIED BY AGREEMENT.
9.1 Aggregate Liability Cap [AMENDED]
Subject always and without exception to Section 9.0 above, and to the maximum extent permitted by applicable mandatory law, the total aggregate liability of the Brown Bag Med Parties for all claims arising under or in connection with these Terms, the Platform, or the Services, in any form of action (contract, tort, strict liability, or otherwise) shall not exceed the lesser of:
(a) the total fees paid by the User in the twelve (12) months immediately preceding the event giving rise to the claim;
(b) CHF 500 for Consumer Users; or
(c) CHF 50,000 for Institutional Users per incident.
This cap does not apply to, and shall be deemed not to have been agreed in respect of, any liability falling within Section 9.0. A Swiss court that finds this cap inapplicable to any specific claim shall sever the cap as to that claim only, and the cap shall remain effective with respect to all other claims.
9.2 Exclusion of Consequential Loss [AMENDED]
Subject always and without exception to Section 9.0, and to the maximum extent permitted by applicable mandatory law, the Brown Bag Med Parties shall not be liable for:
- any indirect, incidental, special, consequential, exemplary, or punitive damages;
- loss of profits, revenue, data, business, goodwill, or anticipated savings;
- damage attributable to the User's failure to provide accurate or complete information;
- damage attributable to the User's failure to consult a Treating Physician before acting on a Report;
- damage arising from reliance on a Report beyond its 90-day validity period (Section 3.6);
- any loss arising from prohibited use of the Platform (Section 6).
These exclusions do not apply where the loss results from gross negligence or wilful misconduct (Section 9.0). For EU/EEA Consumer Users, these exclusions do not apply where prohibited by mandatory consumer protection law of the User's Member State.
9.3 Clinical Liability Exclusion [AMENDED]
Subject always to Section 9.0, the Brown Bag Med Parties exclude liability in tort (including negligence below the threshold of gross negligence) and in contract for clinical outcomes arising from Clinical Decisions. This exclusion reflects the decision-support nature of the Services and the preservation of clinical authority in the Treating Physician and User. It does not exclude liability for gross negligence or wilful misconduct in the preparation of a Report.
9.4 Institutional User Liability (unchanged)
Institutional Users assume sole and exclusive liability for: (a) misrepresentation to members about the Services; (b) failure to implement clinical governance; (c) unauthorised data disclosure to Brown Bag Med; and (d) member claims arising from the Institutional User's administration of the benefit.
9.5 Pharmacist Professional Indemnity (unchanged)
Licensed Pharmacists carry professional indemnity insurance. Brown Bag Med will facilitate engagement with the pharmacist's insurer where a claim relates to Report content. Brown Bag Med does not guarantee insurance adequacy and accepts no secondary liability, subject always to Section 9.0.
9.6 Third-Party Services (unchanged)
Brown Bag Med accepts no liability for third-party service acts, omissions, security failures, or unavailability, subject to Section 9.0.
9.6A Vicarious Liability - Art. 55 OR (Hilfsperson) [NEW]
New Clause 9.6A - Swiss Vicarious Liability (Art. 55 OR)
Swiss law (Art. 55 OR) imposes vicarious liability (Geschaeftsherrenhaftung) on a principal for the harmful acts of its auxiliary persons (Hilfspersonen) in the execution of their duties. Swiss courts apply this doctrine broadly and will likely classify Licensed Pharmacists as auxiliary persons of Brown Bag Med regardless of contractor status. This clause addresses that exposure directly.
Brown Bag Med acknowledges that Licensed Pharmacists conducting reviews on the Platform are likely to be classified as auxiliary persons (Hilfspersonen) within the meaning of Art. 55 OR, and that Brown Bag Med may bear vicarious liability for their negligent acts or omissions committed in the course of conducting reviews.
To discharge the duty of care under Art. 55 OR, Brown Bag Med implements and maintains the following oversight measures:
- pre-engagement verification that each Licensed Pharmacist holds a valid, current Berufsausuebungsbewilligung in at least one Swiss canton;
- mandatory completion by each pharmacist of the Documentation Record (Section 15A) for every review;
- a clinical quality assurance programme including random audit of 10% of all completed Reviews by a senior pharmacist;
- a documented escalation protocol for Reviews where complexity exceeds the Sufficiency Threshold;
- maintenance of professional indemnity insurance by each Licensed Pharmacist as a contractual condition of engagement.
The aggregate liability of Brown Bag Med under Art. 55 OR for the negligent acts of Licensed Pharmacists that do not reach the threshold of gross negligence is subject to the cap in Section 9.1. Liability for gross negligence is governed by Section 9.0 and is uncapped.
9.7 Mandatory Consumer Protections (unchanged)
Nothing in Section 9 excludes or limits liability where prohibited by mandatory applicable Swiss law (Art. 100 OR) or EU consumer protection directives. Section 9.0 is the operative expression of this principle.
10-14. Indemnification, Data Protection, Confidentiality, Warranties, Regulatory Compliance (Unchanged from v2.0)
Sections 10 through 14 of Version 2.0 are incorporated into this Version 3.0 without amendment, except that all liability references in those sections are subject to the paramount Art. 100 OR Carve-Out in Section 9.0 of this version.
15. Licensed Pharmacist Provisions (Unchanged from v2.0)
Section 15 of Version 2.0 is incorporated without amendment. Section 15A (new) immediately follows.
15A. Asynchronous Review Duty of Care Protocol [NEW - Version 3.0]
Amendment Notice - Cantonal Duty of Care and Asynchronous Review Update
Section 15A is entirely new. It operationalises the pharmacist's Cantonal Duty of Care Standard in the asynchronous remote review model. The core instrument is the Documentation Record: a mandatory per-review record the pharmacist must complete confirming sufficiency or declining. This record is the primary compliance instrument in any cantonal audit and the primary evidentiary document in any civil claim. The Regulatory Compliance Annex (RCA-001) sets out the Sufficiency Threshold in clinical detail.
15A.1 Regulatory Framework Acknowledgement
Brown Bag Med acknowledges that:
- the provision of remote asynchronous pharmacist-led medication review services in Switzerland operates within a regulatory framework that is established at cantonal level and is not fully codified at federal level;
- each Licensed Pharmacist performing reviews on the Platform is subject to the Cantonal Duty of Care Standard of the canton in which they hold their Berufsausuebungsbewilligung;
- compliance with this Section 15A and the Regulatory Compliance Annex (RCA-001) is a mandatory condition of each Licensed Pharmacist's engagement with Brown Bag Med;
- non-compliance with this Section 15A by a Licensed Pharmacist constitutes grounds for immediate termination of that pharmacist's engagement and will be reported to the relevant cantonal health authority where required by applicable professional law.
15A.2 Mandatory Documentation Record
For every medication review assignment accepted on the Platform, the Licensed Pharmacist must complete and submit a Documentation Record before the Medication Safety Report is delivered to the User. The Documentation Record must contain:
- a confirmation that the submitted information meets the Sufficiency Threshold for the complexity category of the review (Standard, Complex, or High-Risk, as defined in RCA-001); OR a documented decision to decline the review with the specific insufficiency recorded;
- the pharmacist's full name, cantonal licence number, and the canton of licensure;
- the date and time the review was commenced and completed;
- a record of any urgent advisory issued (Section 15.2 of v2.0);
- a record of any referral recommendation made (e.g. specialist, emergency services);
- a declaration that the review was conducted in accordance with the Cantonal Duty of Care Standard and the pharmaSuisse professional guidelines applicable at the time of review.
Documentation Records are retained by Brown Bag Med for a minimum of 10 years from the date of completion, in accordance with Swiss cantonal pharmacy record-keeping obligations. Documentation Records are not shared with Users but are available to cantonal health authorities upon lawful request, and may be produced in civil or regulatory proceedings relating to the relevant review.
15A.3 Sufficiency Threshold and Minimum Information Requirements
A review may only be commenced where the submitted information meets the Sufficiency Threshold defined in the Regulatory Compliance Annex (RCA-001). At minimum, the following information must be present before a review is commenced:
- a complete list of all current prescribed medications (name, dose, frequency, route);
- the patient's age and weight (or age and height where weight is unavailable);
- at least one of: (a) relevant confirmed diagnosis/diagnoses; (b) primary treating physician's specialty; or (c) reason for each listed medication;
- any known drug allergies or previous adverse drug reactions.
Where any element of the Sufficiency Threshold is absent, the Platform will prompt the User to supply the missing information before the review is assigned to a pharmacist. If the User cannot or does not supply the missing information, the review will not proceed and a full refund will be issued.
15A.4 Complexity Classification and Escalation
The Licensed Pharmacist must classify each review into one of three complexity categories upon commencement:
Standard: fewer than 8 medications, no active oncology therapy, no severe organ impairment, no known complex multi-drug interaction profile. May be completed asynchronously by a single Licensed Pharmacist.
Complex: 8 or more medications, or at least one of: severe renal impairment (eGFR <30), severe hepatic impairment (Child-Pugh C), active anticoagulation with narrow-margin agents, psychiatric polypharmacy. Requires completion by a Licensed Pharmacist with documented experience in the relevant clinical area, with the Documentation Record flagging the complexity category.
High-Risk: active oncology therapy, neonatal/paediatric patient under 12, pregnancy (first trimester), suspected acute toxicity, or any situation where the pharmacist determines that remote asynchronous review cannot safely meet the Cantonal Duty of Care Standard. High-Risk reviews must be declined with full refund, and the User directed to appropriate specialist services. The Documentation Record must record the specific risk basis for declination.
15A.5 Pharmacist Quality Assurance
Brown Bag Med maintains a clinical quality assurance programme. A minimum of 10% of all completed Standard and Complex reviews are audited monthly by a designated Senior Clinical Pharmacist. Audit criteria include: accuracy of interaction identification; appropriateness of dose assessment; completeness of Documentation Record; and adherence to the pharmaSuisse BBMR guidelines. Audit findings are used to update the Regulatory Compliance Annex and, where deficiencies are identified, to implement corrective action with the relevant pharmacist up to and including termination of engagement.
15A.6 Cantonal Regulatory Engagement
Brown Bag Med commits to the following pre-launch and ongoing regulatory engagement steps:
- obtaining written legal opinions from cantonal pharmacy law specialists in each canton where Licensed Pharmacists are licensed, confirming that the asynchronous review model as described in RCA-001 meets the Cantonal Duty of Care Standard in that canton;
- proactively engaging with pharmaSuisse to seek guidance on the classification of the BBMR model under existing professional frameworks;
- maintaining an up-to-date register of the cantonal licence details of all Licensed Pharmacists engaged on the Platform;
- suspending a Licensed Pharmacist from the Platform immediately upon notification that their cantonal licence has lapsed, been suspended, or been revoked;
- updating RCA-001 within 30 days of any material change in cantonal health legislation or pharmaSuisse guidelines affecting the BBMR model.
16-19. Institutional User Terms, Amendments, Term, Force Majeure (Unchanged from v2.0)
Sections 16 through 19 of Version 2.0 are incorporated into this Version 3.0 without amendment.
20. Dispute Resolution and Governing Law [AMENDED - Version 3.0]
Amendment Notice - Art. 32 ZPO Consumer Jurisdiction Update
Section 20 has been substantially rewritten to improve alignment with applicable Swiss and EU consumer law:
ITEM 1: The Basel-Stadt jurisdiction clause is revised to reflect Art. 32 ZPO, including Swiss consumer domicile forum rights (Section 20.4).
ITEM 2: The mediation clause is clarified so participation remains voluntary for Consumer Users (Section 20.3).
ITEM 3: The class action waiver is clarified as non-arbitral to avoid ambiguity under Swiss and EU consumer frameworks (Section 20.5).
20.1 Governing Law (unchanged)
These Terms are governed exclusively by the substantive laws of Switzerland, in particular the Swiss Code of Obligations (OR/CO), without regard to conflict of law rules or the CISG. For Consumer Users habitually resident in an EU/EEA Member State, mandatory consumer protection provisions of that Member State's law that cannot be derogated from by agreement continue to apply.
20.2 Good Faith Negotiation (unchanged)
In the event of any dispute, the parties agree to first attempt resolution through good faith negotiation for a period of 30 days from written notice of the dispute, except where the dispute concerns a matter requiring emergency interim relief.
20.3 Mediation - Voluntary for Consumer Users [AMENDED]
If negotiation fails, either party may propose non-binding mediation under the Swiss Rules of Mediation of the Swiss Arbitration Centre, Basel. Participation in mediation is:
- [INSTITUTIONAL USERS] mandatory as a precondition to litigation for disputes with a value below CHF 100,000, in accordance with Art. 197 ZPO;
- [CONSUMER USERS] entirely voluntary and at the Consumer User's sole election. A Consumer User may at any time decline mediation and proceed directly to judicial proceedings. No Consumer User is required to attempt mediation before filing a claim in the competent court. This right cannot be waived or modified by agreement.
Where both parties consent to mediation, costs shall be shared equally unless otherwise agreed. Mediation proceedings are confidential. Statements made in mediation are without prejudice and inadmissible in subsequent judicial proceedings.
20.4 Jurisdiction [SUBSTANTIALLY AMENDED - Art. 32 ZPO Compliant]
The following jurisdiction rules apply, differentiated by User type, in compliance with Art. 32 ZPO and mandatory EU consumer protection law:
20.4A Swiss Consumer Users (Art. 32 ZPO)
FOR SWISS CONSUMER USERS: Any dispute arising under or in connection with these Terms may be brought in either:
- the courts of Basel-Stadt, Switzerland (Brown Bag Med's principal place of business); OR
- the courts of the Consumer User's domicile or habitual residence in Switzerland at the time the claim is filed.
The Consumer User has the sole right to choose between these forums. Brown Bag Med irrevocably submits to the jurisdiction of the courts of each Consumer User's domicile for claims brought by that Consumer User. Any contractual provision purporting to limit a Swiss Consumer User to a single exclusive forum is void by operation of Art. 32 ZPO and shall be treated as severed from these Terms.
20.4B EU/EEA Consumer Users
FOR EU/EEA CONSUMER USERS: Notwithstanding any other provision of these Terms, Consumer Users habitually resident in an EU/EEA Member State retain the non-waivable right under EU Regulation (EU) No 1215/2012 (Brussels Ibis) Art. 17-19 to bring proceedings in the courts of their Member State of domicile. Brown Bag Med irrevocably submits to the jurisdiction of those courts for claims brought by EU/EEA Consumer Users.
20.4C Institutional Users and B2B Disputes
FOR INSTITUTIONAL USERS AND ALL B2B DISPUTES: The courts of Basel-Stadt, Switzerland have exclusive jurisdiction. This exclusive jurisdiction clause is valid between commercial parties under Art. 17 IPRG and Art. 5(1) LugCon.
20.4D Emergency Relief
Notwithstanding the above, Brown Bag Med reserves the right to seek injunctive relief, interim measures, or other emergency judicial relief in any court of competent jurisdiction worldwide, without this constituting a waiver of the applicable jurisdiction clause.
20.5 Class Action Waiver [AMENDED - Non-Arbitral Clarification]
To the extent permitted by applicable mandatory law, each party agrees to bring any dispute in its individual capacity only, and not as a plaintiff or class member in any purported class or representative proceeding ("Class Action Waiver").
IMPORTANT CLARIFICATIONS:
- This Class Action Waiver does NOT require arbitration. All disputes remain subject to the judicial jurisdiction provisions in Section 20.4. No party is required to arbitrate any dispute by reason of this clause.
- This Class Action Waiver does NOT prevent any regulatory authority, supervisory body, or public prosecutor from bringing proceedings on behalf of a class or group of individuals.
- [EU/EEA Consumer Users] This Class Action Waiver does not prevent Consumer Users from participating in collective redress mechanisms available under national law implementing EU Directive 2020/1828 (Representative Actions Directive). The Waiver applies only to individually initiated class proceedings, not to actions brought by qualified entities on consumers' behalf.
- [Swiss Consumer Users] This Class Action Waiver is valid under Swiss procedural law (ZPO) to the extent it does not prevent individual judicial access.
20.6 EU Online Dispute Resolution (unchanged)
In accordance with EU Regulation No. 524/2013, EU/EEA Consumer Users may use the ODR platform at https://ec.europa.eu/consumers/odr. ODR contact: info@brownbagmed.eu.
20.7 Limitation Period (unchanged)
Claims must be filed within two (2) years of when the claimant knew or reasonably should have known of the facts giving rise to the claim, subject to mandatory statutory limitation periods. This contractual limitation period is subject to mandatory Swiss law (Art. 100(1) OR does not permit limitation period modification that prejudices mandatory rights).
21. Miscellaneous (Unchanged from v2.0)
Section 21 of Version 2.0 is incorporated into this Version 3.0 without amendment.
22. Contact Information
Brown Bag Med - Abotaleb
Legal form: Einzelunternehmen (sole proprietorship) under Swiss law
Owner / Responsible person: Aly Abotaleb
Business address: c/o ExpertFid & Audit AG, Marktgasse 8, 4051 Basel, Switzerland
Contact (all matters): info@brownbagmed.eu
Platform: brownbagmed.eu
Note on legal form:
Brown Bag Med is operated as an Einzelunternehmen (sole proprietorship) under Swiss law. The owner, Aly Abotaleb, bears personal and unlimited liability for all obligations of the business. All contractual, data protection, and professional obligations in these Terms are those of Aly Abotaleb trading as Brown Bag Med. In the event of conversion to a GmbH or other legal entity, these Terms will be updated with at least 30 days' prior written notice.
22A. Regulatory Compliance Annex Reference [NEW - Version 3.0]
New Section 22A - Regulatory Compliance Annex (RCA-001)
The Regulatory Compliance Annex (RCA-001) is a separate operational document forming part of these Terms. It sets out: (i) the clinical Sufficiency Threshold in detail; (ii) the Documentation Record template; (iii) the list of cantons in which Licensed Pharmacists are currently licensed; (iv) the legal opinions obtained from cantonal pharmacy law specialists; and (v) the pharmaSuisse engagement record. RCA-001 is incorporated by reference into these Terms and has the same contractual force.
The Regulatory Compliance Annex (RCA-001) is incorporated into these Terms by reference as a binding schedule. In the event of any conflict between the main body of these Terms and RCA-001 on matters relating to the asynchronous review protocol and cantonal duty of care, RCA-001 shall prevail as the more specific instrument.
RCA-001 will be reviewed and updated: (a) at minimum annually; (b) within 30 days of any material change to applicable cantonal health legislation or pharmaSuisse guidelines; and (c) promptly upon receipt of any cantonal authority guidance specifically addressing the asynchronous BBMR model. Users will be notified of material updates to RCA-001 in accordance with Section 17.1.
A copy of the current version of RCA-001 is available upon request from info@brownbagmed.eu and will be published at brownbagmed.eu/compliance upon platform launch.
Document Control
Version 3.0 | Effective: April 2026 | Supersedes: Version 2.0 (April 2026)
This version reflects three key legal updates identified by legal review:
(1) Art. 32 ZPO consumer jurisdiction alignment;
(2) Art. 100 OR liability framework alignment;
(3) Cantonal duty of care framework for asynchronous pharmacy review.
MANDATORY REVIEW BEFORE PUBLICATION:
This document must be reviewed and signed off by a Swiss Anwalt specialising in Gesundheitsrecht and holding familiarity with cantonal pharmacy law in Basel-Stadt. In particular, the adequacy of Section 15A and RCA-001 as a substitute for a formal cantonal Betriebsbewilligung must be confirmed before launch.
Incorporated Version 2.0 Sections
Sections marked in Version 3.0 as "unchanged from v2.0" are reproduced in full below for legal completeness.
TERMS AND CONDITIONS
Brown Bag Med - Digital Medication Safety Platform
Version 2.0 | Effective Date: April 2026
Governing Law: Swiss Law (with mandatory EU/EEA consumer protection carve-outs)
IMPORTANT - PLEASE READ CAREFULLY BEFORE USING THE PLATFORM
These Terms contain important limitations on Brown Bag Med's liability, dispute resolution provisions, a binding medical disclaimer, and your obligations as a user. By accessing or using this Platform you confirm that you have read, understood, and accept all provisions. If you do not accept these Terms in their entirety, you must not use the Platform.
1. Definitions
The following capitalised terms have the meanings set out below whenever used in these Terms:
"Platform" means the website brownbagmed.eu, all associated mobile applications, APIs, and digital tools operated by Brown Bag Med.
"Services" means all medication safety review services, Medication Safety Reports, clinical decision-support outputs, user account management, and any ancillary features made available via the Platform.
"Medication Safety Report" or "Report" means the structured written document produced by a Licensed Pharmacist summarising the findings of a Brown Bag Medication Review (BBMR).
"Licensed Pharmacist" means a pharmacist holding a valid, current professional licence (Approbation, autorisation cantonale, or equivalent) engaged by or contracted to Brown Bag Med to conduct medication reviews.
"User" / "you" means any natural or legal person who accesses the Platform, including Consumer Users and Institutional Users.
"Consumer User" means an individual natural person accessing the Platform for non-commercial purposes relating to their own health or that of a minor in their legal guardianship.
"Institutional User" means a legal entity (including health insurers, managed care organisations, employers, and occupational health providers) that accesses the Platform pursuant to a Master Services Agreement (MSA) and offers Brown Bag Med Services to its members, employees, or beneficiaries.
"Master Services Agreement" or "MSA" means the separate commercial agreement executed in writing between Brown Bag Med and an Institutional User governing the commercial terms of access to the Platform.
"Health Data" means all personal data relating to the physical health of a natural person submitted to the Platform, including but not limited to medication lists, diagnoses, allergies, laboratory values, and clinical history, constituting a special category of personal data within the meaning of Art. 9 GDPR and Art. 5 nFADP.
"Clinical Decision" means any decision by a healthcare professional or patient concerning the initiation, modification, continuation, or cessation of any treatment, including pharmacological therapy.
"Treating Physician" means the licensed medical practitioner(s) responsible for the User's medical care.
"Force Majeure Event" has the meaning set out in Section 19.
"we" / "us" / "our" / "Brown Bag Med" means Brown Bag Med - Abotaleb, an Einzelunternehmen (sole proprietorship) under Swiss law with business address c/o ExpertFid & Audit AG, Marktgasse 8, 4051 Basel, Switzerland.
2. Acceptance and Binding Nature of These Terms
2.1 Formation of Contract
These Terms constitute the entire binding agreement between you and Brown Bag Med with respect to your use of the Platform and Services. The contract is formed at the earliest of: (a) your affirmative acceptance by clicking 'I Accept'; (b) your submission of any data to the Platform; or (c) your first use of any feature of the Platform, whichever occurs first.
2.2 Capacity and Authority
By accepting these Terms you represent and warrant that:
- you are at least 18 years of age, or are a legal guardian acting on behalf of a minor;
- you have full legal capacity to enter into a binding contract;
- where acting on behalf of an Institutional User, you have actual authority to bind that entity;
- your use of the Platform does not violate any applicable law or any agreement to which you are a party.
If you do not meet these conditions, you are not authorised to use the Platform and must immediately cease access.
2.3 Institutional User Acceptance
Institutional Users accept these Terms through their authorised representative. The Institutional User assumes joint and several liability for the acts and omissions of all individuals accessing the Platform under their account or MSA.
2.4 Electronic Acceptance
Acceptance by electronic means (click-wrap, check-box, or conduct) is legally equivalent to a handwritten signature under Art. 14 Swiss OR and the EU Electronic Signatures Regulation (EU) No 910/2014 (eIDAS). You waive any right to challenge the enforceability of these Terms on the basis that they were accepted electronically.
3. Description of Services and Service Limitations
3.1 Scope of Services
Brown Bag Med provides pharmacist-led medication safety reviews delivered digitally. Upon submission of a complete medication list and any additional clinical information you choose to provide, a Licensed Pharmacist will conduct a structured Brown Bag Medication Review (BBMR) and produce a Medication Safety Report. The Report may include:
- identification of clinically significant drug-drug, drug-food, or drug-disease interactions based on recognised clinical databases;
- assessment of dose appropriateness relative to published guidelines and patient characteristics where provided;
- identification of therapeutic duplications;
- detection of apparent contraindications based on conditions disclosed by the User;
- pharmacist recommendations for discussion with the Treating Physician.
3.2 Explicit Service Exclusions
The following are expressly outside the scope of the Services. Brown Bag Med accepts no liability whatsoever for any outcome arising from reliance on the Platform for any excluded purpose:
- Medical diagnosis of any condition or disease;
- Prescription of any medicinal product;
- Emergency or urgent clinical assessment of any kind;
- Mental health crisis support or psychiatric assessment;
- Oncology treatment planning or chemotherapy dose verification for active cancer therapy;
- Neonatal, paediatric critical care, or intensive care unit (ICU) medication management;
- Clinical assessment of medications used in pregnancy or lactation where teratogenicity risk is the primary concern (Users must consult a specialist);
- Verification of compounded or unlicensed medicinal products;
- Assessment of illicit or non-prescribed substances;
- Any service that constitutes the practice of medicine under applicable law.
CRITICAL SAFETY WARNING - NO EMERGENCY USE
THE PLATFORM MUST NOT BE USED IN MEDICAL EMERGENCIES OR WHERE THERE IS IMMEDIATE RISK TO LIFE.
If you or any other person faces a medical emergency, call the emergency services immediately:
Switzerland: 144 | Germany: 112 | European Emergency: 112 | International: local emergency number.
Brown Bag Med accepts no liability for harm, injury, or death resulting from use of or reliance on the Platform in any emergency situation.
3.3 Clinical Output Standards
Reports are prepared using currently recognised clinical reference databases (e.g. Lexicomp, Micromedex, Swiss drug compendium). Clinical knowledge is subject to continuous change. Brown Bag Med does not warrant that a Report reflects the most current published evidence at the time of delivery or at any subsequent time, and expressly disclaims liability for any gap between Report content and subsequent guideline updates.
3.4 Pharmacist Independence
Licensed Pharmacists conduct reviews in accordance with their independent professional judgment and applicable professional codes of conduct. Brown Bag Med does not direct the clinical content of any Pharmacist's assessment. The clinical conclusions in a Report are those of the individual Licensed Pharmacist and do not constitute the institutional clinical opinion of Brown Bag Med - Abotaleb.
3.5 No Ongoing Monitoring
The Service constitutes a single point-in-time review of the medication list submitted. Brown Bag Med does not provide ongoing pharmacovigilance, continuous monitoring, or real-time alerting. Any change to a User's medication regimen after a Report is delivered is not captured by that Report. Users are solely responsible for seeking a new review if their medication list changes materially.
3.6 Report Validity Period
A Medication Safety Report reflects the clinical situation as described at the time of submission. The Report's clinical relevance is typically 90 days from delivery date, after which changes in the User's medications, conditions, or applicable clinical guidelines may render it outdated. Brown Bag Med accepts no liability for adverse outcomes arising from reliance on a Report more than 90 days after its delivery date.
3.7 Platform Availability
We aim to maintain Platform availability of 99% per calendar month, excluding scheduled maintenance. Scheduled maintenance will be notified 48 hours in advance. We do not guarantee uninterrupted access and accept no liability for losses attributable to temporary unavailability, provided such unavailability does not exceed 72 continuous hours without notice.
4. Medical Disclaimer - Clinical Reliance and User Responsibility
BINDING MEDICAL DISCLAIMER - READ BEFORE USING THE PLATFORM
THE PLATFORM AND ALL REPORTS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND DO NOT CONSTITUTE MEDICAL ADVICE, MEDICAL DIAGNOSIS, TREATMENT RECOMMENDATIONS, OR THE PRACTICE OF MEDICINE. BROWN BAG MED IS NOT YOUR DOCTOR. NO PHARMACIST-USER RELATIONSHIP EQUIVALENT TO A PHYSICIAN-PATIENT RELATIONSHIP IS CREATED BY USE OF THE PLATFORM. DO NOT MAKE ANY CLINICAL DECISION - INCLUDING STARTING, STOPPING, OR CHANGING ANY MEDICATION - SOLELY ON THE BASIS OF A MEDICATION SAFETY REPORT WITHOUT FIRST CONSULTING YOUR TREATING PHYSICIAN.
4.1 User Acknowledgement of Clinical Responsibility
By using the Platform you irrevocably acknowledge and agree that:
- The Medication Safety Report is a decision-support tool intended to facilitate an informed discussion with your Treating Physician, not to replace such consultation;
- You assume full and exclusive responsibility for any Clinical Decision you or your Treating Physician makes or does not make following receipt of a Report;
- Brown Bag Med, its Licensed Pharmacists, officers, directors, employees, contractors, and affiliates (collectively, "Brown Bag Med Parties") shall not be liable for any adverse outcome, harm, injury, or death arising from any Clinical Decision, whether or not that decision was informed by a Report;
- Pharmacist recommendations in a Report are advisory only and carry no prescriptive or mandatory clinical force;
- You are aware of and accept the inherent limitations of remote, asynchronous, pharmacist-led medication review.
4.2 Limitation on Paediatric, Geriatric, and High-Risk Populations
Where a User submits data relating to a minor, a patient aged over 80, a patient with severe renal or hepatic impairment, a patient on active oncology therapy, or a patient with a complex multi-morbidity profile, the User additionally acknowledges that:
- These populations present heightened clinical complexity that may be beyond the scope of remote asynchronous review;
- The Licensed Pharmacist may decline to complete the review or may flag it as requiring specialist review, at their sole professional discretion;
- Any Report delivered for these populations must be reviewed by a specialist physician before any Clinical Decision is made.
4.3 Accuracy of Submitted Information
The clinical validity of any Report depends entirely on the accuracy and completeness of information submitted by the User. By submitting information you represent and warrant that, to the best of your knowledge, all submitted information is accurate, complete, and current. Brown Bag Med expressly and entirely excludes liability for any inaccuracy or harm in a Report that is attributable, in whole or in part, to inaccurate, incomplete, or misleading information provided by the User. This exclusion survives termination of these Terms.
4.4 No Pharmacovigilance Duty
Brown Bag Med does not assume any pharmacovigilance obligation with respect to Users. Licensed Pharmacists are not obliged to report suspected adverse drug reactions to regulatory authorities (e.g. Swissmedic, BfArM) on behalf of Users, unless independently required to do so by applicable professional law in their jurisdiction of licensure.
5. User Accounts, Security, and Access Controls
5.1 Registration Obligations
You must provide accurate, complete, and current information at registration and maintain that information throughout your account's lifetime. Providing false registration information, including use of fictitious names or false contact details, is a material breach of these Terms entitling us to immediate account suspension and legal action where appropriate.
5.2 Account Security
You are solely responsible for:
- maintaining the strict confidentiality of your login credentials;
- all activities occurring under your account, whether or not authorised by you;
- notifying us immediately at info@brownbagmed.eu upon discovery of any actual or suspected unauthorised access.
We will never request your password by email, telephone, or any other channel. Any communication purporting to request your credentials should be treated as fraudulent and reported to us immediately.
5.3 Credential Compromise
In the event of credential compromise, we will take commercially reasonable steps to secure your account upon receiving notice. However, Brown Bag Med accepts no liability for losses arising from your failure to (a) use a sufficiently strong password, (b) enable multi-factor authentication where offered, or (c) notify us promptly of compromise.
5.4 Suspension and Termination by Brown Bag Med
We reserve the right to immediately suspend or permanently terminate any account, without prior notice and without liability, where:
- we have reasonable grounds to believe the account is being used fraudulently, in violation of these Terms, or in violation of applicable law;
- the account poses a security risk to the Platform or other users;
- a regulatory authority directs us to suspend access;
- the User is the subject of insolvency or equivalent proceedings.
Where suspension or termination is not caused by User fault, we will provide a pro-rata refund of any prepaid unused service fees. Where suspension or termination is caused by User fault, no refund shall be payable and we reserve the right to pursue damages.
5.5 Account Sharing and Transfer
User accounts are personal and non-transferable. You must not share your credentials with any third party, allow any third party to access the Platform under your account, or create accounts on behalf of third parties without their knowledge and consent. Each individual requiring access must hold an individual account.
6. Prohibited Conduct and Acceptable Use
6.1 General Prohibitions
You must not use the Platform to:
- submit false, fabricated, or deliberately misleading clinical information;
- impersonate any person or entity, including any healthcare professional;
- attempt to obtain prescriptions, controlled substance authorisations, or other regulated outputs not within the Platform's scope;
- upload, transmit, or introduce malicious code, ransomware, spyware, viruses, or any software designed to disrupt, damage, or gain unauthorised access to any system;
- conduct automated data harvesting, web scraping, or systematic extraction of Platform content by any means;
- reverse engineer, decompile, or disassemble any part of the Platform or its underlying clinical algorithms;
- resell, sublicense, white-label, or otherwise commercially exploit the Services without a written MSA;
- circumvent, disable, or attack any security control, authentication system, or access restriction;
- transmit any content that is unlawful, harassing, defamatory, obscene, or otherwise objectionable;
- use the Platform in any manner that infringes the intellectual property rights of any third party;
- use the Platform in any jurisdiction where its use is prohibited by applicable law.
6.2 Prohibited Clinical Misuse
In addition, you must not:
- use the Platform as a substitute for emergency medical care;
- use Report content to self-prescribe or purchase prescription-only medicines without a valid prescription;
- use the Platform to review medications for a third party without that person's knowledge and explicit consent;
- use the Platform to generate content intended to mislead healthcare professionals or insurers;
- submit data relating to a deceased person, fictitious person, or without the data subject's consent.
6.3 Consequences of Prohibited Conduct
Any breach of this Section 6 entitles Brown Bag Med to: (a) immediately suspend or terminate your account; (b) retain any fees paid as liquidated damages; (c) pursue injunctive relief and/or damages in competent courts; and (d) report the conduct to law enforcement or regulatory authorities where legally required. You agree that monetary damages may be insufficient to remedy certain breaches and that Brown Bag Med is entitled to seek equitable relief without posting a bond.
7. Fees, Payment, and Refund Policy
7.1 Consumer User Fees
All fees applicable to Consumer Users are displayed in Swiss Francs (CHF) or Euros (EUR) as applicable, inclusive of all taxes, prior to payment. Fees are charged at the time of order. Payment is processed by our third-party payment processor. By submitting payment, you authorise us to charge your nominated payment method for the displayed amount.
7.2 Institutional User Fees
Commercial terms for Institutional Users, including per-review pricing, subscription models, volume discounts, and payment schedules, are governed exclusively by the applicable MSA. These Terms govern all matters not expressly addressed in the MSA. In the event of conflict, the MSA prevails on commercial terms; these Terms prevail on all other matters including liability, data protection, and acceptable use.
7.3 Failed Payments
In the event of a failed payment, we reserve the right to: (a) suspend access to the Platform until payment is received; (b) charge interest on overdue amounts at the rate of 5% per annum above the Swiss National Bank reference rate; and (c) engage debt collection services or commence legal proceedings for recovery.
7.4 Taxes and Withholding
You are responsible for all taxes, duties, and withholdings applicable to your purchase under the laws of your jurisdiction, except where Brown Bag Med is required by Swiss or EU law to collect and remit VAT. Institutional Users outside Switzerland and the EEA are solely responsible for compliance with applicable import duties or service taxes.
7.5 Refund Policy - Consumer Users
Subject to Section 7.6:
- Once a Medication Safety Report has been delivered to your account, no refund will be issued, except where the Report is materially incomplete or contains a demonstrable technical error attributable solely to Brown Bag Med.
- If a Licensed Pharmacist determines that the information submitted is insufficient to complete a review and declines to proceed, a full refund will be issued within 14 days.
- If a review is not commenced within 5 business days of payment (absent a Force Majeure Event), you are entitled to a full refund upon written request.
7.6 Statutory Withdrawal Right - EU/EEA and Swiss Consumers
Consumer Users in Switzerland and the EEA benefit from a statutory right of withdrawal of 14 days from the date of contract formation (EU Directive 2011/83/EU; Swiss OR Art. 40a ff.). To exercise this right, you must notify us at info@brownbagmed.eu before expiry of the 14-day period. The right of withdrawal lapses upon delivery of the completed Medication Safety Report, provided that you have given prior express consent to performance commencing before the expiry of the withdrawal period, and have acknowledged that you will lose your right of withdrawal upon delivery. This consent and acknowledgement is collected at the point of order.
7.7 Chargebacks and Disputes
If you initiate a chargeback or payment dispute with your payment provider without first contacting us in good faith at info@brownbagmed.eu to resolve the matter, we reserve the right to suspend your account pending resolution, challenge the chargeback, and recover our reasonable costs of doing so.
8. Intellectual Property Rights
8.1 Platform IP
All intellectual property rights in and to the Platform - including without limitation its software, source code, object code, algorithms, clinical review methodologies, design elements, trademarks, service marks, trade dress, report templates, and any derivative works - are and remain the exclusive property of Brown Bag Med - Abotaleb or its licensors. Nothing in these Terms grants you any right, title, or interest in the Platform IP beyond the limited licence in Section 8.3.
8.2 User Data
You retain ownership of all personal data and Health Data you submit to the Platform. You grant Brown Bag Med a limited, revocable, non-exclusive, royalty-free licence to process such data solely: (a) to deliver the Services; (b) to fulfil legal and professional record-keeping obligations; and (c) as further specified in the Privacy Policy. We do not acquire any other rights in your data.
8.3 Licence to Use Platform
Subject to these Terms and payment of applicable fees, Brown Bag Med grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for its intended purpose. You may not sub-licence, copy, modify, create derivative works from, or distribute any part of the Platform.
8.4 Medication Safety Report Licence
Upon full payment, the Medication Safety Report relating to your submission is licensed to you for personal use (Consumer Users) or for use within the scope of the applicable MSA (Institutional Users). You may share the Report with your Treating Physician. You may not commercially reproduce, publish, distribute, or use Report content to train machine learning models or AI systems without our prior written consent.
8.5 Feedback
Any feedback, suggestions, or improvements you provide regarding the Platform may be used by Brown Bag Med freely and without obligation or compensation, and you hereby assign all rights in such feedback to Brown Bag Med.
8.6 Third-Party Intellectual Property
Brown Bag Med's clinical databases and reference tools are licensed from third parties. Brown Bag Med does not warrant that use of the Platform by you in your jurisdiction does not infringe any third-party intellectual property rights, and accepts no liability in respect thereof.
9. Limitation of Liability
9.1 Aggregate Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE TOTAL AGGREGATE LIABILITY OF THE BROWN BAG MED PARTIES (INCLUDING ALL EMPLOYEES, CONTRACTORS, PHARMACISTS, OFFICERS, AND DIRECTORS) TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THESE TERMS, THE PLATFORM, OR THE SERVICES, REGARDLESS OF THE FORM OF ACTION (CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), SHALL NOT EXCEED THE LESSER OF: (A) THE TOTAL FEES PAID BY YOU IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) CHF 500 FOR CONSUMER USERS.
9.2 Exclusion of Consequential Loss
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, THE BROWN BAG MED PARTIES SHALL NOT BE LIABLE FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES;
- LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS;
- CLINICAL OUTCOMES, ADVERSE DRUG REACTIONS, PERSONAL INJURY, OR DEATH ARISING FROM ANY CLINICAL DECISION;
- DAMAGE ATTRIBUTABLE TO YOUR FAILURE TO PROVIDE ACCURATE OR COMPLETE INFORMATION;
- DAMAGE ATTRIBUTABLE TO YOUR FAILURE TO FOLLOW THE ADVICE CONTAINED IN A REPORT;
- DAMAGE ARISING FROM RELIANCE ON AN OUTDATED REPORT (SEE SECTION 3.6);
- ANY LOSS ARISING FROM USE OF THE PLATFORM CONTRARY TO THESE TERMS OR APPLICABLE LAW.
9.3 Clinical Liability Exclusion
Brown Bag Med's services support but do not replace professional clinical judgment. All clinical decisions, including those informed by a Report, are made by and remain the sole responsibility of the Treating Physician and/or the User. The Brown Bag Med Parties expressly exclude, to the fullest extent permitted by law, all liability in tort (including negligence) and in contract for any harm arising from any Clinical Decision.
9.4 Institutional User Liability
Institutional Users assume sole and exclusive liability for: (a) any misrepresentation made to their members or employees about the scope or nature of the Services; (b) any failure to implement appropriate clinical governance frameworks around the use of Reports; (c) any unlawful disclosure of User Health Data to Brown Bag Med that was not authorised by the relevant data subject; and (d) any claim by a member or employee arising from the Institutional User's administration of the Platform benefit.
9.5 Pharmacist Professional Liability
Licensed Pharmacists carry their own professional indemnity insurance. Where a claim arises from the clinical content of a Report, Brown Bag Med will use reasonable efforts to facilitate direct engagement between the User and the relevant Licensed Pharmacist's professional indemnity insurer. Brown Bag Med does not guarantee that any Licensed Pharmacist maintains adequate insurance and accepts no secondary liability in this regard.
9.6 Third-Party Services
The Platform may integrate with or link to third-party services (e.g. payment processors, identity verification services, clinical databases). Brown Bag Med does not control these services and accepts no liability for their acts, omissions, security failures, or unavailability.
9.7 Mandatory Consumer Protections
Nothing in this Section 9 excludes or limits liability for: (a) death or personal injury caused by proven gross negligence or wilful misconduct; (b) fraud or fraudulent misrepresentation; (c) any liability that cannot be limited or excluded under mandatory applicable Swiss law (including Art. 100 OR on prohibition of excluding gross negligence) or mandatory EU consumer protection law. For EU/EEA Consumer Users, nothing in these Terms derogates from Directive 93/13/EEC (Unfair Contract Terms Directive).
10. Indemnification
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Brown Bag Med Parties from and against any and all claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:
- your breach of any representation, warranty, or obligation under these Terms;
- your provision of inaccurate, false, or misleading information to the Platform;
- any Clinical Decision made by you or your Treating Physician;
- your violation of any applicable law, regulation, or third-party right;
- any claim by a third party (including a data subject) arising from your misuse of the Platform;
- any claim by an Institutional User's member or employee arising from the Institutional User's administration, marketing, or deployment of the Services.
Brown Bag Med reserves the right to assume exclusive control of any matter subject to indemnification at its own expense, and you agree to cooperate fully. You may not settle any such claim without Brown Bag Med's prior written consent where the settlement imposes any obligation on or purports to release any Brown Bag Med Party.
11. Data Protection - Summary
The processing of personal data, including Health Data, is governed in full by our Privacy Policy (available at brownbagmed.eu/privacy), which is incorporated into these Terms by reference and forms an integral part of the binding agreement between us. In the event of conflict between these Terms and the Privacy Policy on data protection matters, the Privacy Policy shall prevail.
By accepting these Terms, you confirm that you have read, understood, and accepted the Privacy Policy. Key principles:
- Health Data is processed exclusively to deliver the Services and for legally mandated record-keeping purposes;
- Health Data is never sold, shared with advertisers, or disclosed to Institutional Users without your separate explicit consent;
- Processing is GDPR- and Swiss nFADP-compliant;
- You retain full data subject rights as set out in the Privacy Policy.
11.1 Data Processing Agreement (Institutional Users)
Institutional Users who are data controllers of the Health Data submitted to the Platform by their members or employees must execute a Data Processing Agreement (DPA) with Brown Bag Med prior to commencement of Services, in accordance with Art. 28 GDPR and the equivalent Swiss nFADP provisions. Access to the Platform by Institutional Users without an executed DPA constitutes a material breach of these Terms.
12. Confidentiality
12.1 Mutual Obligations
Each party agrees to treat as strictly confidential all non-public information received from the other party in the course of the service relationship, including without limitation technical, clinical, commercial, and strategic information. Each party shall use such information solely for the purposes of performing obligations under these Terms and shall not disclose it to any third party without the disclosing party's prior written consent.
12.2 Exceptions
The obligations in Section 12.1 do not apply to information that: (a) is or becomes publicly available through no act or omission of the receiving party; (b) was already known to the receiving party without restriction prior to disclosure; (c) is independently developed by the receiving party without reference to confidential information; or (d) is required to be disclosed by applicable law, court order, or regulatory direction, provided that the disclosing party is given prompt notice (to the extent permitted by law) and the receiving party uses reasonable efforts to seek a protective order.
12.3 Professional Secrecy
Licensed Pharmacists are subject to professional secrecy obligations under their applicable codes of professional conduct. These obligations are independent of and in addition to the contractual confidentiality obligations in this Section 12.
13. Representations, Warranties, and Disclaimer of Warranties
13.1 User Representations and Warranties
By using the Platform you represent and warrant, on each occasion you submit data, that:
- all information you submit is, to the best of your knowledge, accurate and complete;
- you have the right to submit the data (whether your own or, with their consent, that of a minor in your guardianship);
- you understand and accept the medical disclaimer in Section 4;
- you will not use any Report as a substitute for professional medical advice;
- you have independent access to a Treating Physician and will consult them before acting on any pharmacist recommendation.
13.2 Brown Bag Med Warranties
Brown Bag Med warrants that: (a) the Services will be delivered with reasonable professional skill and care; (b) Licensed Pharmacists hold valid professional licences at the time of review; and (c) the Platform implements appropriate security measures as described in the Privacy Policy.
13.3 Disclaimer of All Other Warranties
EXCEPT AS EXPRESSLY SET OUT IN SECTION 13.2 AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. THE BROWN BAG MED PARTIES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF CLINICAL CONTENT, COMPLETENESS, NON-INFRINGEMENT, AND UNINTERRUPTED AVAILABILITY. WE DO NOT WARRANT THAT THE PLATFORM WILL MEET YOUR SPECIFIC CLINICAL NEEDS, THAT RESULTS WILL BE ERROR-FREE, OR THAT ANY DEFECT WILL BE CORRECTED.
14. Regulatory Compliance and Geographic Restrictions
14.1 Swiss Regulatory Framework
Brown Bag Med operates in compliance with applicable Swiss federal and cantonal pharmacy law, including the Swiss Federal Act on Medicinal Products and Medical Devices (HMG), the Ordinance on the Professional Practice of Pharmacy (APV), and applicable cantonal health legislation. The Platform does not constitute a dispensary and does not dispense medicinal products.
14.2 EU/EEA Regulatory Framework
For EU/EEA users, the Services are designed to comply with applicable health information regulations in the EEA. Brown Bag Med does not hold any medical device certification under EU Medical Device Regulation (MDR) (EU) 2017/745. The Platform is not certified as a medical device, is not intended for use as a medical device, and must not be used for purposes requiring a certified medical device.
14.3 Geographic Restrictions
The Platform is intended for users resident in Switzerland, Germany, Austria, and the EEA. Users accessing the Platform from other jurisdictions do so at their own risk and are solely responsible for compliance with the laws of their jurisdiction. We make no representation that the Platform is appropriate or lawful for use in jurisdictions outside Switzerland and the EEA.
14.4 Export Controls
You must not access or use the Platform from any country subject to Swiss State Secretariat for Economic Affairs (SECO) or EU Council sanctions that would prohibit the provision or receipt of such services. Use from any such jurisdiction constitutes a material breach of these Terms.
14.5 Anti-Bribery and Corruption
You must not offer, pay, solicit, or accept any bribe, kickback, or corrupt payment in connection with the Services. Both parties agree to comply with all applicable anti-bribery and corruption laws, including the Swiss Criminal Code (Art. 322ter ff.) and applicable EU anti-corruption legislation.
15. Licensed Pharmacist Provisions and Pharmacist Refusal Rights
15.1 Right to Decline Review
A Licensed Pharmacist may, in their sole professional discretion, decline to complete or partially complete a medication review where they determine that: (a) the information submitted is insufficient; (b) the case exceeds the scope of remote asynchronous review; (c) a specialist opinion is clinically required; or (d) completing the review would be inconsistent with their professional obligations. In such cases, a refund will be issued in accordance with Section 7.5.
15.2 Pharmacist Duty to Warn
Where a Licensed Pharmacist identifies a situation of immediate clinical urgency (e.g. a contraindication carrying risk of death or serious harm), the Report will include a prominent urgent advisory directing the User to seek immediate medical attention. Brown Bag Med accepts no liability where the User fails to act upon such an advisory.
15.3 No Employment Relationship Created
No Licensed Pharmacist acting on the Platform is an employee of Brown Bag Med - Abotaleb for any purpose. The use of the word "our" pharmacists in marketing materials is a commercial description only and does not imply employment. Each Licensed Pharmacist is an independent contractor or is employed by a separate pharmacy entity contracted to Brown Bag Med.
16. Institutional User-Specific Provisions
16.1 Clinical Governance Obligations
Institutional Users must maintain and operate an appropriate clinical governance framework governing their use of the Services and the communication of Reports to their members or employees. This includes, but is not limited to, a documented process for ensuring that Reports are presented to members in context and with a clear recommendation to consult their Treating Physician.
16.2 Prohibition on Adverse Coverage Decisions
Institutional Users (particularly health insurers) must not use the content of a Medication Safety Report, or any data derived therefrom, as a basis for: (a) refusing, limiting, or conditioning insurance coverage; (b) increasing premiums or altering risk classification; or (c) making any adverse determination that would disadvantage the insured member, without that member's explicit prior consent and in compliance with applicable insurance supervisory law (FINMA circulars; EU Solvency II; EU Insurance Distribution Directive). Any use of Report data for such purposes without consent constitutes a material breach of these Terms and the applicable MSA.
16.3 Marketing and Communication Restrictions
Institutional Users must not represent or imply in any marketing or member communication that Brown Bag Med provides diagnostic, prescribing, or emergency medical services. All member-facing communications must clearly state that the service is a pharmacist-led medication safety review for informational purposes only. Institutional Users must submit all member-facing communications referencing Brown Bag Med for our prior written approval, not to be unreasonably withheld.
16.4 Audit Rights
Brown Bag Med reserves the right to audit Institutional User compliance with these Terms upon 10 business days' notice, or immediately where there is a reasonable suspicion of material breach. Institutional Users must maintain adequate records to demonstrate compliance for a period of 5 years and must make such records available upon request.
17. Changes to These Terms and to the Services
17.1 Amendments to Terms
We reserve the right to amend these Terms at any time. Amendments will be classified as material or non-material at our reasonable discretion. Material amendments (e.g. changes affecting liability, fees, medical disclaimer, or data rights) will be notified to registered users by email and platform notification at least 30 days before taking effect. Non-material amendments (e.g. clarifications, corrections) may take effect immediately upon posting.
Continued use of the Platform after the stated effective date of an amendment constitutes your irrevocable acceptance of the amended Terms. If you do not accept a material amendment, you must discontinue use and may close your account without penalty within 30 days of notification; you will receive a pro-rata refund of any prepaid unused Services.
17.2 Changes to Services
We may modify, suspend, or discontinue any aspect of the Services at any time. We will provide 30 days' notice of the discontinuation of any paid Service. Where we discontinue a paid Service within a prepaid period, we will issue a pro-rata refund. We accept no further liability in connection with service discontinuation.
18. Term and Termination
18.1 Term
These Terms remain in effect from the date of acceptance until terminated by either party in accordance with this Section 18.
18.2 Termination by User
You may terminate your account and these Terms at any time by deleting your account through the Platform settings or by written notice to info@brownbagmed.eu. Termination does not entitle you to a refund for any completed Services.
18.3 Termination by Brown Bag Med
We may terminate these Terms and/or your access to the Platform: (a) immediately upon material breach by you; (b) upon 30 days' written notice without cause; or (c) immediately upon insolvency of an Institutional User.
18.4 Effect of Termination
Upon termination: (a) your licence to use the Platform ceases immediately; (b) all outstanding payment obligations survive; (c) Sections 4, 8, 9, 10, 12, 13, 18.4, 19, 20, and 21 survive termination indefinitely; (d) we will retain your Health Data for the periods required by applicable professional and legal obligations as specified in the Privacy Policy, notwithstanding account closure.
19. Force Majeure
Brown Bag Med shall not be liable for any delay or failure to perform any obligation under these Terms (other than payment obligations) to the extent that such delay or failure is caused by circumstances beyond our reasonable control, including without limitation: acts of God, natural disasters, pandemic or epidemic (including any recurrence of COVID-19 or analogous event), war, terrorism, civil unrest, governmental actions, power outages, internet infrastructure failure, cyberattack attributable to a state or state-sponsored actor, or labour disputes ("Force Majeure Event"). We will notify you as soon as reasonably practicable of a Force Majeure Event and use reasonable efforts to minimise its impact. If a Force Majeure Event prevents performance for more than 30 continuous days, either party may terminate the affected Services upon written notice without liability.
20. Dispute Resolution and Governing Law
20.1 Governing Law
These Terms are exclusively governed by the substantive laws of Switzerland, in particular the Swiss Code of Obligations (OR/CO), without regard to any conflict of law rules or to the UN Convention on Contracts for the International Sale of Goods (CISG). For Consumer Users habitually resident in an EU/EEA Member State, mandatory consumer protection provisions of that Member State's law that cannot be derogated from by agreement continue to apply notwithstanding this choice of law.
20.2 Good Faith Negotiation
In the event of any dispute, controversy, or claim arising under or in connection with these Terms, the parties agree to first attempt resolution through good faith negotiation. Either party may initiate this process by written notice to the other party identifying the dispute in reasonable detail. The parties shall negotiate for a period of 30 days from the date of such notice (unless the dispute concerns an emergency requiring immediate relief) before commencing formal proceedings.
20.3 Mediation
If negotiation fails, either party may refer the dispute to non-binding mediation under the Swiss Rules of Mediation of the Swiss Arbitration Centre, conducted in Basel, Switzerland, in German or English at the mediator's recommendation. Costs of mediation shall be shared equally unless otherwise agreed.
20.4 Jurisdiction
Subject to Sections 20.2 and 20.3, any dispute that cannot be resolved by negotiation or mediation shall be subject to the exclusive jurisdiction of the courts of Basel-Stadt, Switzerland. Notwithstanding the foregoing, Brown Bag Med reserves the right to seek injunctive or other interim relief in any competent court. EU/EEA Consumer Users retain the non-waivable right to bring proceedings in the courts of their country of habitual residence.
20.5 Class Action Waiver
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION PROCEEDINGS OR CLASS-WIDE ARBITRATION AGAINST THE BROWN BAG MED PARTIES. EACH CLAIM MUST BE BROUGHT INDIVIDUALLY.
20.6 EU Online Dispute Resolution
In accordance with EU Regulation No. 524/2013, EU/EEA Consumer Users may submit a complaint via the European Commission Online Dispute Resolution (ODR) platform at https://ec.europa.eu/consumers/odr. Our contact email for ODR purposes is: info@brownbagmed.eu.
20.7 Limitation Period
Any claim against Brown Bag Med must be filed within two (2) years of the date on which the claimant knew or reasonably should have known of the facts giving rise to the claim, subject to any shorter limitation period under applicable mandatory law. This limitation applies to all claims, whether in contract, tort, or otherwise, and in addition to any statutory limitation periods.
21. Miscellaneous Provisions
21.1 Entire Agreement
These Terms (together with the Privacy Policy and, for Institutional Users, the applicable MSA and DPA) constitute the entire agreement between the parties in relation to the Platform and the Services, and supersede all prior representations, understandings, negotiations, and agreements, whether oral or written.
21.2 Severability
If any provision of these Terms is found invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.
21.3 No Waiver
Failure or delay by either party in exercising any right or remedy under these Terms does not constitute a waiver of that right or remedy. A waiver is effective only if given in writing and signed by an authorised representative of the waiving party.
21.4 Assignment
You may not assign, transfer, charge, sub-contract, or otherwise dispose of any of your rights or obligations under these Terms without our prior written consent. Brown Bag Med may assign its rights and obligations under these Terms to any affiliate, successor entity, or acquirer of substantially all of its business assets, provided that the assignee assumes all obligations under these Terms and we notify you in writing within 30 days of assignment. If you object to an assignment within 30 days of notification, you may terminate your account and receive a pro-rata refund of prepaid unused Services.
21.5 No Partnership or Agency
Nothing in these Terms creates or implies any partnership, joint venture, employment, agency, or franchise relationship between the parties. Neither party has authority to bind the other.
21.6 Notices
All legal notices under these Terms must be in writing and delivered by email to: info@brownbagmed.eu (for notices to Brown Bag Med) or to the email address associated with your registered account (for notices to you). Notices are deemed received on the next business day after sending, provided no delivery failure notification is received.
21.7 Language
These Terms are provided in English. Where translations are provided, the English version shall prevail in the event of any inconsistency. For users requiring these Terms in German, French, or Italian, a non-binding translation is available upon request.
21.8 Third-Party Beneficiaries
These Terms do not confer any rights on third parties. The Licensed Pharmacists conducting reviews are not third-party beneficiaries of these Terms and may not enforce any provision hereof.
21.9 Headings
Section headings are for convenience only and shall not affect the interpretation of these Terms.
22. Contact Information
Brown Bag Med - Abotaleb
Legal form: Einzelunternehmen (sole proprietorship) under Swiss law
Owner / Responsible person: Aly Abotaleb
Business address: c/o ExpertFid & Audit AG, Marktgasse 8, 4051 Basel, Switzerland
Contact (all matters): info@brownbagmed.eu
Platform: brownbagmed.eu
Document Control
Version 2.0 | Effective: April 2026 | Replaces: Version 1.0 (April 2026)
This document reflects legal and regulatory drafting for digital health service terms under Swiss and EU frameworks. This document should be reviewed by a qualified Swiss lawyer before publication.