stabli

Documents en anglais, en attente de relecture par un conseil juridique suisse.

DRAFT — pending review by Swiss counsel

This document is a working draft prepared in English for review by a Swiss lawyer. It has not yet been signed off and may change. French and German translations will be provided before general availability.

VERSION 2026-09-22

Terms of service

The agreement between you — a practising psychotherapist — and Stabli for the use of the service. It incorporates the Data Processing Agreement, which governs how Stabli handles the patient data you record.

1. Parties and formation

These terms are agreed between [OPERATOR LEGAL NAME], [ADDRESS], Switzerland (“Stabli”, “we”) and the person who creates a Stabli account (“you”). The contract is formed when you create an account, which requires ticking the acceptance box naming these terms and the Data Processing Agreement. The version accepted is recorded against your account.

2. The service

Stabli is a practice-management application for solo psychotherapy practices. It provides, as available at any given time:

  • a patient roster and per-patient session history;
  • a diary of sessions, including recurring session series, with rescheduling and cancellation;
  • prescription tracking against sessions;
  • clinical notes on a patient’s file — anchored to a session or standing on their own — where an amendment keeps the earlier text beside the correction rather than replacing it;
  • a record of the services you offer and the acts you perform outside a session, at the rates you set;
  • an invitation a patient can complete their own file through, sent by email on your instruction, after which the patient confirms their address with a code and enters or corrects their own details once;
  • an optional calendar subscription your own calendar application reads, using a password issued for one device at a time, which you can revoke for that device alone;
  • export of your practice data.

Stabli is a practice-management tool: it is not a medical device, does not provide clinical advice, and is not an electronic patient record within the meaning of the EPRA/EPDG. Where you keep your notes here, the record they form is yours — clinical judgement, and the record-keeping and retention obligations of your practice, remain entirely yours.

3. Eligibility and your account

The service is offered to practitioners who treat patients in Switzerland and who are entitled to do so under the law applicable to their practice. You must provide accurate account information, keep your credentials confidential, and tell us without delay at [CONTACT EMAIL] if you suspect your account has been compromised. Accounts are personal: one account is one practitioner, and sharing sign-in credentials is not permitted — the confidentiality architecture assumes the person signed in is the treating therapist.

4. Acceptable use

You agree not to:

  • record data of patients you do not treat, or use the service for any purpose other than managing your own practice;
  • attempt to access another practice’s data, probe or circumvent the service’s security, or test it for vulnerabilities without our written agreement;
  • resell, sublicense, or operate the service for third parties;
  • use the service in breach of your professional or legal obligations, including professional secrecy under Art. 321 of the Swiss Criminal Code;
  • introduce malicious code or place load on the service that a solo practice could not plausibly generate.

We may suspend an account to protect the service or other users where use materially breaches this clause; we will tell you why and restore access when the cause is resolved.

5. Your responsibilities as controller

For the patient data you record, you are the controller under the FADP and Stabli is your processor. In particular, you remain responsible for:

  • having the right to record the patient data you enter, and informing your patients about the processing (Art. 19 FADP) — a template notice is provided in the product documentation;
  • answering your patients’ requests for access, correction, or deletion; Stabli assists as set out in the DPA;
  • your record-retention duties under cantonal health law (typically 10–20 years), including exporting your data before deleting your account;
  • your own choices about optional sharing features: subscribing a device to your diary is a decision you make as controller — and where you point that subscription decides who reads it. The product describes what it discloses before you switch it on.

6. Data protection — the DPA

The Data Processing Agreement forms an integral part of these terms and governs all processing of patient data by Stabli on your behalf, including the sub-processor list, security measures, breach notification, and deletion on termination. If these terms and the DPA conflict on data protection, the DPA prevails.

7. Fees

[FEES CLAUSE — pricing, billing cycle, taxes, and consequences of non-payment to be settled before launch; for lawyer]. Any change to fees will be announced to account holders by email at least 30 days before it takes effect.

8. Availability, support, and changes

We operate the service with the care of a professional provider, but it is provided without a guaranteed availability level. Planned maintenance is announced in advance where reasonably possible. We develop the service continuously and may change or retire features; where a change materially reduces what the service does with your data or for your practice, we will give you at least 30 days’ notice so you can export and, if you wish, terminate. Support is provided by email at [CONTACT EMAIL].

9. Your data, our software

You retain all rights in the data you record; we claim none beyond the licence needed to operate the service for you, as constrained by the DPA. We retain all rights in the software and the service. You receive a non-exclusive, non-transferable right to use the service for your own practice for the duration of the contract.

10. Liability

Nothing in these terms excludes liability for unlawful intent or gross negligence (Art. 100 of the Swiss Code of Obligations), or any other liability that cannot be excluded under Swiss law. Subject to that:

[LIABILITY CAP — amount and structure (e.g. fees paid in the preceding 12 months), exclusion of indirect damages, and the interaction with data-protection liability, for lawyer]

You remain solely responsible for clinical decisions and for compliance with the professional obligations of your practice; the service records what you enter and is not a substitute for your own records where law requires a specific form.

11. Term and termination

a. By you

You may stop using the service and delete your account at any time from Settings. Deletion is immediate and removes your account and practice data as described in the DPA; the product requires you to confirm you have exported first, because your cantonal retention duty survives the account.

b. By us

We may terminate with at least 90 days’ written notice — a practice needs time to move — or with immediate effect for a material breach that is not cured within 30 days of notice. If we discontinue the service entirely, we will give the same 90 days’ notice and keep export available throughout.

12. Changes to these terms

We may revise these terms. Substantive changes are announced to account holders by email at least 30 days before they take effect; continuing to use the service after that date is acceptance. If you object, you may terminate before the new terms apply. The version in force is always published at this address with its version date.

13. Governing law and jurisdiction

These terms are governed by Swiss substantive law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction is [SEAT OF OPERATOR — for lawyer], Switzerland, subject to any mandatory venue.