MedTech Booster Programm

1.1. These terms and conditions of participation in the MedTech Booster Program

(“Terms and Conditions”) govern the modalities of the registration and application

to the MedTech Booster Program (“MTB Program”), the evaluation and selection of

applicants by the Sitem StartUp Club (“SSC”) as well as the participation in the MTB

PROGRAM.

1.2. By registering for the MedTech Booster Program, as an Applicant, you confirm that

you have read and accept the following Terms and Conditions.

2.1. The SSC invites individuals and teams from any country, including those who have

already incorporated a company and registered it with a commercial register, to

register and apply to participate in the MedTech Booster Program (“Applicants”).

Applicants must fulfil the selection criteria.

2.2. With their admission to the MTB Program, they must establish themselves in the

Sitem MedTech HUB for the duration of the program with a minimum membership

plan of “Active” for two team members or “New Work” for one person. If the

Applicants do not comply with these requirements, their participation in the MTB

Program can be suspended or terminated. The SMH Service Agreement concluded

between the Applicant and the SSC will complement the agreement regarding the

participation in the MTB Program.

2.3. Applicants have no legal entitlement to be selected to participate in the MTB

Program. The SSC, with the input from its experts, reviewers, and/or Leading

Partners, shall decide at its sole discretion, on the admission of Applicants to the MTB

Program. The SSC is not required to provide any justification of its decisions. There

will be correspondence about the admission or the rejection of applications via email

or the application platform.

2.4. SSC may cancel all or part of the MTB Program at any time and shall bear no liability

in this relation.

2.5. Until such time as the SSC notifies an Applicant of being selected to participate in the

MTB Program, Applicants may at any time withdraw their application in written form.

3.1. Registration for the MTB Program takes place online via Evalato. The indicated

information (submission forms, profiles, business ideas and plans, etc.) must be

provided, and the corresponding documents and video submitted (“Application

Documents”).

3.2. Applicants hereby warrant that they are the owners of all the rights to the Application

Documents they submit and that they are duly authorized for their submission.

3.3. Applicants have no right to the restitution of the submitted Application Documents

at any time.

4.1 The MTB Program has an initial duration of 6 months with the possibility to extend

the period to 12 months if both parties agree (Startup and SSC). The SSC will base its

decision on the development of the Startup, taking into consideration the roadmap

defined at the beginning of the MTB Program.

5.1. Access to business coaching. Whenever needed, the SSC can offer the Startup the

possibility to get in touch with be-advanced AG to participate in one of their

programs or to get access to their coaches. Once the connection is made, the SSC

has no responsibility.

5.2. Access to consulting. The participation in the MTB Program allows the Startup to

get access to a maximum of 20 hours of consulting provided by the Partners of the

SSC. The 20 hours of consulting are divided into 2 packages. During the first 6

months of the program, the startup has the possibility to use 10 hours. After both

parties (Startup and SSC) agree in extending the program for 6 months more, the

other 10 hours will be available. After termination of a participation in the MTB

Program, the Startup is not entitled to claim for unused hours of consulting.

5.3. Access to Medical expertise. The SSC will make all reasonable efforts to connect the

Startup with the Insel Campus Bern network as required by the Startup.

5.4. Access to investors. The SSC organize regular pitching events. Every Startup that

participates in the MTB Program get access to one to two Pitching Events,

depending on the development of the Startup. In special cases, defined by the

Steering Committee, a Startup can have the possibility to pitch additional times.

Again, this would be based on the development of the Startup, and it has no legal

entitlement to be selected to pitch more than once in a Pitching Event.

5.5. Access to technical expertise. The SSC is constantly developing new partnerships to

offer technical expertise in different areas. The specific details will be provided by

the SPOC.

6.1. All Application Documents submitted to the SSC by Applicants during the registration

and application for the MedTech Booster Program will be considered non-

confidential and treated as such by the SSC. Applicants in particular agree that SSC

employees involved in the evaluation and selection of Applicants, as well as the

designated experts, reviewers and/or Leading Partners shall have access to the

information contained in the Application Documents without any restriction.

6.2. The SSC may furthermore and among other things publish information from the

Application Documents submitted to it on its website and social media accounts (for

example in a public profile of the Applicant). This information shall remain public

even after the end of the MTB Program.

6.3. The SSC assumes no responsibility and excludes its liability to the maximum extent

permitted by law in relation to all the information and/or documentation submitted

in the Application Documents by Applicants during the online registration and

application process as well as for any intellectual property rights and/or know-how

contained therein.

7.1. Any liability of the SSC for any direct or indirect damage, including, but not limited to

damage caused by loss of profit, is excluded to the maximum extent permitted by

law. This means, that the SSC is only liable for damages it caused by willful or grossly

negligent behaviour. The liability for auxiliary persons is expressly and fully excluded.

7.2. Applicants shall indemnify the SSC, as well as the designated experts, reviewers,

and/or Partners, for any claims lodged by third parties against the SSC, or

respectively the designated experts, reviewers or Leading Partners, with respect to

alleged infringement of copyright, industrial property rights, trade secrets and other

third-party rights in connection with the information and documentation submitted

by the Applicants in the Application Documents or provided otherwise.

7.3. The SSC shall bear no liability for the correctness of statements made, including

statements of the SSC and the designated experts, reviewers, Partners, or any other

persons participating in the MedTech Booster Program or its registration and

application process.

7.4. No legal rights shall arise for the Applicants from their registration, application, or

participation in the MedTech Booster Program (e.g., no entitlement to the

reimbursement of any incurred fees and/or expenses).

7.5. The SSC’s decision on admission or rejection of an application is final. There is no

recourse to the courts and no right of appeal.

8.1. The SSC processes Applicants personal data within the scope of the MTB Program in

accordance with the Data Protection Act. The Applicant herewith agrees to the

aforementioned processing.

8.2. The Applicant agrees that personal data may be disclosed to experts, reviewers,

Leading Partners, other persons participating in the MedTech Booster Program

and/or third parties in Switzerland and abroad if such disclosure is made in

connection with the MTB Program, or if it appears reasonable for operational

reasons or is required by law.

9.1. Due notice shall be given to the Applicants in writing (including by email) of any

changes to these Terms and Conditions.

9.2. Should any of the provisions in these Terms and Conditions be deemed to be or

become invalid or null, all of the other provisions shall be unaffected and remain

valid and effective. The invalid or null provision shall be interpreted in such manner

that its initial commercial purpose is attained to the highest extent possible and shall

be substituted by a suitable valid provision. If a contractual lacuna exists or the

implementation of a provision proves to be unfeasible, the same procedure as the

one described for the invalidity or nullity of a provision shall apply.

9.3. These Terms and Conditions shall be governed in all respects by the substantive laws

of Switzerland, including in all matters of construction and validity, without giving

effect to conflict of law provisions.

9.4. The ordinary courts at the legal seat of the SSC shall have exclusive jurisdiction

regarding any claim and/or dispute arising out of or in connection with these Terms

and Conditions.