§ 1 General
represented by the directors
Dr. Gandolf Finke, Dr. Jan Simon Raue
Hof 3, Aufgang 2
(2) Deviating regulations of the users do not apply unless the Provider has expressly confirmed this in writing. Individual agreements always have priority.
§ 2 Functional scope of the app and application instructions
(1) The app is a program designed to help alleviate the psychological and psychosomatic consequences of cancer diagnosis and therapy. The app and all of its components and functions support cancer patients who want to receive information from the app, e.g. in the areas of nutrition, exercise, training, everyday tips or well-being.
(2) The aim of the app is to reduce stress symptoms as a result of cancer diagnosis and therapy and thus improve the quality of life. The app also offers a stress test and guides the user through guideline-compliant psycho-oncological interventions consisting of psychoeducation, relaxation techniques, strength and mobility training and coping skill training with techniques from cognitive behavioral therapy (CBT), acceptance commitment therapy (ACT) and creative therapy. This resource-activating training improves health behavior, stress management and coping with illness. A personalized knowledge library offers further psychosocial and psycho-oncological support with the help of compact information on individual types of cancer, guidelines and supportive health behavior.
(3) The scope of functions of the app includes a check-up. This allows the user to measure their stress on a weekly basis and specify stress areas. The user documents side effects of the therapy daily in a symptom diary with a graphic progression. By exporting the data, the symptom diary can be shared and discussed with the medical treatment team to adjust the medical drug therapy if necessary. So-called themed trips form the psycho-oncological coping skill training. It has a modular structure and includes application exercises to reduce stress. The app also offers lay-friendly, evidence-based and guideline-based information on individual cancer diagnoses, current therapy options, nutritional knowledge, recipes, Tips for dealing with physical limitations as well as individual exercises for relaxation and movement. In order to receive personalized information, the user can provide additional information about their age, gender, clinical picture, disease stage, diagnostic data, etc. The user can review all of their information at any time in the app.
(4) There are no medical contraindications for using the app according to ICD-10. However, it is important that the resource-activating training (movement exercises, as well as mindfulness, acceptance and relaxation exercises) are only carried out after consultation with the treatment team, should restrictions (e.g. orthopedic restrictions, postoperative restrictions, bone metastases, severe depression) be present. In addition, physical training should be avoided, for example, in the case of fever, nausea, dizziness and acute bleeding.
(5) Further details on the scope of the app can be viewed on the Provider's website at www.mikahealth.co.uk. Questions about the operation of the app can be clarified at any time by email to: firstname.lastname@example.org
§ 3 Health advice
(1) The health of the users is very important to FOSANIS. With the app, FOSANIS offers cancer patients support to alleviate the psychological and psychosomatic consequences of the diagnosis and therapy of malignancies.
(2) The app does not provide any diagnostic services and does not carry out any medical treatment. The medical information made available through the use of the app cannot replace an appointment with a doctor. A doctor's consultation is always required for a diagnostic assessment and/or treatment of the symptoms.
§ 4 Registration, conditions of use and duration
(2) The user can use the app free of charge.
(3) Use of the app also requires that the user consented to the processing of their personal data, including their health data, when registering (art. 9 (2) (a) GDPR).
(4) Registration is only permitted for users who are at least 18 years old. Minors are not allowed to register with the Provider.
(7) In order to be able to use the app to its full extent, the user must continuously update their software, e.g. the operating system of the respective end device. If older or not commonly used software is used, the user may only be able to use the services of the app to a limited extent or not at all. The use of the app requires a stable internet connection.
§ 5 Behavioral obligations of the user, exemption in the event of violations
(1) The user is obliged to provide truthful and complete information required for registration, provision and use of the functionalities of the app. If the data provided subsequently changes, the user is obliged to correct the information immediately.
(2) The user may only use the app content themselves. The user undertakes to keep their access data for the user account of the app, including the activation codes, secret, not to pass them on to third parties and to take the necessary measures to ensure the confidentiality of their access data. If the user suspects misuse or loss of their access data, they must inform the Provider immediately. The user is responsible for all activities that are carried out using their access and releases the Provider from any claims for damages by third parties, unless the user is not responsible for the misuse of their access data.
(3) The user is prohibited from registering more than once, for another person or under a false identity. Each user may only have one app access. It is not permitted to transfer or pass on the access data, including the activation code, to a third party.
(4) The user is prohibited from transferring mechanisms, software, content, materials or other data to the app that contain viruses or other programs that are likely to endanger or disrupt the functionality of software or hardware. If the user culpably violates this obligation, they will compensate the Provider for the resulting damage. In addition, the user exempts the Provider from any claims for damages by third parties.
(5) The user may not take any measures that could result in an unreasonable or excessive load on the infrastructure of the app. The user is not permitted to block, overwrite or modify content generated by the Provider or to interfere with the app in any other way.
(6) If the user culpably violates these obligations, they will compensate for the damage caused and indemnify the Provider from all claims for damages that third parties raise against the Provider. The user assumes the costs of a necessary legal defense of the Provider, including all court and attorney fees in the statutory amount.
(7) In the event of a claim by a third party, the user is obliged to inform the Provider immediately, truthfully and completely of all information available to them that is necessary for an examination of the claims and a defense. Further claims for damages by the Provider against the user remain unaffected.
§ 6 Warning; suspension of the user account
- user warning
- temporary, partial or permanent suspension of the user account
(3) As soon as a user has been temporarily or permanently blocked, they may no longer use the app with other user accounts and may not register again.
§ 7 System integrity and malfunction of the app
(1) The Provider endeavors to offer the app and its functionalities for retrieval without interruption. However, the Provider cannot rule out the possibility of unforeseen limitations or restrictions on the digital offerings that are beyond its control, in particular due to the actions of third parties, technical faults or force majeure. In these cases, the Provider endeavors to make the app available for retrieval as quickly as possible.
(2) The Provider can temporarily restrict access to its own services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this. The Provider can also temporarily restrict the use of the app if this is necessary for maintenance purposes, data backup work or to carry out repairs and is reasonable for the user.
(3) The Provider guarantees that a sudden failure of the power supply or the internet connection will not lead to a loss of data. Users are not entitled to the recovery of data in the event that they delete data themselves or they do not have access to their data for a reason for which the Provider is not responsible.
§ 8 Property rights and rights of use
(1) The Provider is the owner of the copyright and other industrial property rights to the app and reserves all rights to the published content, such as information, texts, images, videos, graphics, algorithms and the database. Apart from the data that the user provides or transmits in connection with the use of the app, the remaining data is owned by the Provider.
(2) The user is prohibited from removing copyright notices, product identification, trademarks and other legal reservations from downloaded content. All trademarks used in the app belong to the respective trademark owners.
(4) Passing on the content outside of the intended functional scope of the app is prohibited without the express consent of the Provider. User is not permitted to alter, edit, copy, reproduce, create derivative works from, reverse engineer, modify, augment or in any way exploit the App or related content or materials in any way.
§ 9 Fees
(1) Downloading the app from the Apple App Store or the Google Play Store is free for the user.
(2) The use of the app is free of charge.
§ 10 Period of use and termination
(1) The period of use of the app is not restricted.
(2) The user can terminate their contract of use at any time. The app offers a cancellation option in the settings under "Delete user account". The personal usage data will be deleted within one week after receipt of the cancellation. A new registration is possible at any time.
(3) The right to extraordinary termination without notice for important reasons remains unaffected.
§ 11 Right of withdrawal for consumers
1) A user who is a consumer can revoke their contractual declaration for paid contracts within 14 days without giving reasons, unless they have expressly consented to the Provider carrying out the contract before the expiry of the cancellation period begins and confirms their knowledge that they lose their right of withdrawal through their consent at the beginning of the execution of the contract. In this case, their right of withdrawal expires.
(2) If the right of revocation has not expired in accordance with paragraph 1 and unless otherwise provided by law, the revocation period begins with the conclusion of the contract. In order to exercise the right of withdrawal, the consumer must inform the Provider of the decision to withdraw from the contract of use by means of a clear statement.
§ 12 Liability
(1) The Provider is liable for damages based on an intentional or grossly negligent breach of duty by the Provider or a legal representative or vicarious agent.
(2) Liability for the violation of essential contractual obligations remains unaffected. An essential contractual obligation exists in the case of obligations the fulfillment of which is essential for the proper execution of the contract or on the observance of which the user has relied or was entitled to rely. In the event of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical of the contract. To the extent permitted by law, there is no liability for indirect or consequential damages.
(3) The above limitations of liability do not apply to negligent or intentional injury to life, limb and health, to a defect after a guarantee has been assumed and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) The use of the content of the app does not constitute medical advice and does not replace a visit to the doctor. The Provider does not guarantee that the app functionalities correspond to the individual needs of the user. This applies in particular in the event that the user has provided incorrect or incomplete information about themselves or their health at the beginning or during use of the app. The Provider assumes no liability for health damage incurred by the user due to improper execution of the app functionalities and/or due to recognized or unidentified previous illnesses.
(5) The Provider is not liable for damage to health or other incorrect advice given by the doctor treating the user. The Provider is not involved in the legal relationship between the user and the doctor.
(6) The app contains links to third-party content, which are clearly marked with a corresponding note. The Provider is not liable for illegal content from third parties linked within the app. The Provider is not involved in any legal relationship between the user and third party Providers.
(7) With the exception of the cases prescribed by law, neither the Provider nor the companies associated with the Provider are liable for damage that may arise from the use of content made accessible by this app or other types of use of this offer. This also applies to damage due to defective technology, viruses and harmful programs, unless the Provider caused them with gross negligence or intent.
(8) Any further liability than that described above is excluded. If the Provider's liability is excluded or limited, this also applies to the personal liability of the Provider's employees, representatives, vicarious agents and organs.
§ 13 Data protection
Personal data of the user are collected and processed exclusively in compliance with the applicable legal data protection regulations. The regulations for handling personal data are contained in the separate data protection declaration in the app under "Settings".
§ 15 Dispute resolution
1) Consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa .eu/consumers/odr.
(2) The Provider is neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
§ 16 Final provisions
(1) Consumers have the option of using alternative dispute resolution. The following link from the EU Commission (also known as the OS platform) contains information about online dispute resolution and serves as a central point of contact for the out-of-court settlement of disputes arising from online sales contracts or online service contracts: http://ec.europa .eu/consumers/odr.
(2) The contract language is English.
(4) The place of jurisdiction is Berlin if the Provider and user are merchants, legal entities under public law or special funds under public law. The same applies if the user does not have a general place of jurisdiction in Germany or if the domicile or habitual abode is not known at the time the action is filed.
Date: 05 April 2023