II. CONCLUSION OF CONTRACT
2. Save as provided in the provisions set forth herein, we hereby grant to User a limited, non-exclusive, revocable license of use; said license shall be additionally subject to the applicable Terms and Conditions of the platforms of Apple (App Store) or Google (Google Play) (collectively “App Stores”), from which User has downloaded the app. The app is licensed, not purchased.
3. The Declaration of Consent regarding data protection does not form part of these General Terms and Conditions. To be able to use the app, the user must separately consent to the processing of these health data in accordance with the Declaration of Consent regarding data protection shown. This declaration explains what kind of personal data are collected and processed by us or the third parties mentioned therein and which data are provided by you via the app. After agreeing with the General Terms and Conditions, the user has the option to opt into free and paid-for services. These General Terms and Conditions also exceptionally apply to those free and paid-for services.
4. Prior to entering into the contract relating to paid services, PREVENTICUS shall inform the User about the contents of the respective services, the applicable pricing and the terms and conditions of payment. The user shall select a means of payment, for example, by entering their payment data on the payment site, by transmitting their payment data to PREVENTICUS or to the e-payment provider commissioned by PREVENTICUS.
5. User hereby agrees to have payment transactions for the paid services rendered by PREVENTICUS carried out by a service provider commissioned by PREVENTICUS (e.g. e-payment provider or credit card company). User may use any conventional and reasonable payment modality that is free-of-charge.
6. If Users use the app via a mobile network, Users may thereby incur additional costs, such as connection charges and roaming fees. Whether and which costs will be incurred depends on the terms stipulated in the contract with the cellular network provider. The creation of said costs does not fall within the sphere of PREVENTICUS’s influence. User shall be responsible for these additional costs.
8. Technical requirements: The app is intended for use on one of the smart devices we have released for use therewith. You can find an updated list at the following link: Tested and approved devices
The system requirements for PREVENTICUS Heartbeats are a tested and approved smartphone with at least 100MB free memory running on at least iOS 10.3 or Android 5.0.
Any cases from the smartphone should be removed to avoid heat accumulation.
The app should not be used while the terminal device is charging.
The app can be used for self-testing by any person irrespective of gender, aged 18 years or older.
The measurement should be performed at normal room temperature and under normal lighting conditions.
The camera must be exclusively applied to healthy skin tissue on the finger.
III. SUBJECT OF THE CONTRACT
1. Within the scope of preclinical risk screening functionalities, PREVENTICUS offers its users services that gather and provision their health data by applying PREVENTICUS algorithms to the evaluation of said data. The User provides the details by manual entry and deployment of a mobile terminal device (smartphone, iPod). PREVENTICUS applies analytical algorithms to the details and measured values provided by the User to generate individualized, user-related findings; said findings are provided by PREVENTICUS to the User in the form of a findings report.
2. Medical diagnostics, telemedicine or physician-contracted services are not the subject of the contractual relationship between PREVENTICUS and the User.
3. The app can be used to detect evidence for the presence of heart rhythm disorders in the non-hospital environment in non-acute situations. These heart rhythm disorders include bradycardia, tachycardia, absolute arrhythmia and the occurrence of extrasystoles.
4. To this end, heart rate data determined by smartphone camera are collected over a period of 1 to 5 minutes. Should such evidence be detected, the affected User can store the underlying information if they are running the full version. Furthermore, the affected User will be advised to undergo further medical assessment by specialists. The result obtained simply constitutes a possible suspicion and not a diagnosis in the medical sense.
which the User has provided either by manual entry or otherwise after the personal deployment of measuring devices, in particular, their baseline data,
their personal findings obtained by PREVENTICUS
IV. FULL-SERVICE PACKAGE – FREE AND PAID SERVICES RENDERED BY PREVENTICUS
1. “Test Version” service package – free services
A short-term measurement, including the generation of a brief analysis based on the entered and measured data, is free of charge. The “Test Use” package offers no detailed analysis, no options for storing the findings and no functionalities that communicate with third parties via the App.
2. “Full Version” full-service package – paid services
a) The “Full Version” package is subject to payment.
b) The scope of the “Full Version” package includes the “Test Version” package by the User plus
A 5-minute measurement including a detailed analysis
The option to generate, store and transmit a comprehensive analysis report.
In doing so, state what occasioned the measurement or list the symptoms and
Access to the archive of his/her analysis report
c) Full Version Contracts are available as one-off purchases (non-renewing subscription) purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Full Version products becomes binding by pressing the “Purchase” button.
e) The paid “Full Version” package shall expire upon termination of the contract. Upon expiration of the “Full Version” contract, free “Test Version” shall continue in force with the aforementioned limited analysis and interactive options.
3. This app is a clinically validated medical device and is in conformity with the Essential Requirements of Medical Device Directive 93/42/EEC or its respective national transpositions.
V. REVOCATION / TERMINATION
1. Instructions on revocation
Right of revocation:
You have the right to revoke this contract within fourteen days without stating reasons.
The withdrawal period is fourteen days from the day the contract was entered into.
To exercise your right of withdrawal, you must inform us, represented by the CEO Dr. Thomas Hübner,
Phone: +49 3641 55 98 45 0
Fax: +49 3641 55 98 45 9
by issuing an unequivocal statement regarding your decision to withdraw from this contract (e.g. in a written letter transmitted by postal mail, fax or email). The attached contract revocation template can be used, but is not required for this purpose.
Compliance with this revocation deadline is satisfied if you send the notification that you choose to exercise your right of withdrawal before expiration of the revocation deadline.
Your right of withdrawal expires early, once the service has been fully rendered by us and we did not commence with performance of service until you as User had given your express permission thereto and concurrently confirmed your acknowledgement of the fact that your right of withdrawal no longer exists upon full performance of the contract by us.
Consequences of revocation:
If you revoke this contract, we shall reimburse to you all payments we have received from you and do so immediately but at the latest within fourteen days from the day on which we received notification of your revocation of this contract. To render this repayment, we shall use the same means of payment you used for the original transaction, unless expressly agreed with you otherwise; under no circumstances will you be charged any repayment fees for this transaction.
In case you had demanded that the services should commence during the revocation period, then you are obligated to pay us a commensurate amount that equals the proportion of the services already rendered up to the time at which you informed us that you intend to exercise your right to withdraw from this contract; said proportion shall be in relation to the overall volume of services envisioned by the contract.
Contract revocation template:
(Should you choose to revoke the contract, please fill out this form and return it to us.)
Preventicus GmbH, represented by its CEO Dr. Thomas Hübner,
Goethestrasse 3b, 07743 Jena, Germany:
Fax: +49 3641 55 98 45 9
I/We hereby revoke (*) the contract concerning the provision of the services listed below entered into by me/us (*)
Ordered on (*)/received on (*)
Name of User(s)
Address of User(s)
Signature of User(s) (only applies to written notification)
(*) Cross out if not applicable.
– End of instructions on revocation –
2. Subject to the caveat set forth in Article 5.3 and without prejudice to the caveat set forth in Article 5.1, User shall have the right to terminate the contract entered into concerning the provision and use of the services within 14 days after agreeing to these contractual provisions. User shall then be reimbursed the User fee that was paid.
3. By accepting of these contractual provisions, Users hereby commission us to make the app available to them as a download already prior to expiration of the 14-day revocation deadline. In doing so, User expressly waives the aforementioned right of termination arising from article 5.2 and to reimbursement of the User fee.
4. Even if the “full version” app usage package has already been activated at the time of the cancellation, User may terminate the contract to use the “full version” app usage package effective by the end of each month. Any repayments are excluded. The assertion of claims to these rights by User for defects or noncompliance of the app with the product description shall remain thereby unaffected.
VI. APP USAGE PACKAGE – PAID OF THIRD-PARTY SERVICES ORGANIZED THROUGH PREVENTICUS
1. “Telecare Center“ package – third-party paid service
a) The Telecare Center is a service provided by a third party. Use of the Telecare Center services is subject to payment.
b) Users of the full version have the option to transmit their personal analysis reports to the Telecare Center to be reviewed and analyzed by medical-technical employees in cardiac rhythmic technology (“CRT“ or “CRT analysis”). For this purpose, the measurement series contained in the analysis report, the specified age, gender and any comments of User shall be made available to the medical-technical staff of the Telecare Center by order of User.
c) User is thus able to have the measurement series re-evaluated by medical-technical employees of the Telecare Center. In their CRT analysis, the thereby commissioned medical-technical employees validate the signal quality of the measurement series taking into account any interference parameters recorded by the app. Said medical-technical employees also analyze any rhythmic abnormalities the app is not able to detect (atrial fibrillation, extrasystoles or abnormalities in the heart rate). After conclusion of the Telecare Center’s CRT analysis, User receives an expanded report on the results, including an evaluation of the abnormalities and notes for the attending physician.
d) User will usually receive the findings report by the next business day.
e) A one-off payment per CRT is required. The respective price per CRT is listed in the offer (contractual proposal). Before sending in their analysis report, Users are prompted to accept the General Terms and Conditions of the Telecare Center in accordance with the currently amended Data Security Policy; they must also consent to the utilization of their data by the Telecare Center as required to perform the Services. Not until User consents to both documents and to the transmission of the analysis report has User entered into a binding contract to utilize the Services (contract acceptance). Therewith, the Service Contract is entered into by and between User and the Telecare Center. By entering into the contract governing the utilization of the Telecare Center Services, User agrees that PREVENTICUS may make User’s data available to the Telecare Center.
f) The findings obtained by the Telecare Center are exclusively intended for information purposes and under no circumstances do they replace personal diagnostics, consultations, care or treatment by medical or other medically trained personnel. The possibility of a misinterpretation by the medical technicians cannot be ruled out. The Telecare Service is not designed to be an aid in either decision-making for acute states or for real-time monitoring of vital functions: Neither does this App encroach upon any existing guideline-compliant diagnostic pathways or therapeutic measures. The Telecare Center and its executive bodies, executives, employees, vicarious agents, partners, affiliates and licensors assume no responsibility whatsoever for decisions made by the User based on the information, such as decisions as to whether or not to consult caregivers or accept treatment by medical or healthcare professionals. These Services do not render, nor are they intended as a substitute for the provision of any medical care.
g) If the user is participating in a care programme or medical study, different contractual terms and conditions or other eligibility requirements may apply. In this case, the Telecare Centre service may be integrated in the use of PREVENTICUS and analysis reports may be automatically forwarded to the Telecare Centre if an abnormal heart rhythm is detected. An additional fee may also apply for the Telecare Centre service.
VII. SCOPE OF SERVICES TO BE RENDERED BY PREVENTICUS
1. PREVENTICUS is not obligated to examine or verify the accuracy, completeness or up-to-dateness of the data reported by users. For the performance of its services, PREVENTICUS may impute that the data provided by the User are correct, complete and up-to-date. If the data provided by the User are not correct, complete or up-to-date, the User must automatically accept the fact that the findings obtained by PREVENTICUS may not be applicable. The analyses, therefore, must always be deemed of limited conclusiveness and make no claim to completeness or accuracy. PREVENTICUS therefore assumes no warranty or guarantee for the accuracy and/or completeness of the results and other details, and in particular, not in a medical or clinical sense.
2. The findings obtained by PREVENTICUS are exclusively intended for information purposes. Every analysis is abstract and therefore always constitutes non-binding information, containing neither details on the actual health condition of the User nor advice nor recommendations relating to the treatment of diseases or frailties. Such information, advice or recommendations can only be provided by a physician or other medically or therapeutically trained personnel. PREVENTICUS is not capable of administering any medical or other specialized care- or health-related examinations and is not obligated to perform said services. The respective analysis is no substitute for the medical history, examination, diagnosis or therapeutic recommendations rendered by a physician. The findings obtained do not represent a diagnosis and therefore under no circumstances do they replace or supplement personal consultation, care or treatment by medical or other medically trained specialized personnel, who render the diagnosis, recommend treatment strategies or administer medication. The analyses merely deliver non-binding indicators of potential risks. No analysis is a substitute for a doctor’s examination. PREVENTICUS is not obligated to render a conclusive health risk assessment and/or therapeutic decisions. A risk may indeed exist even though a finding does not indicate any risk. PREVENTICUS shall not assume any health care for the User. PREVENTICUS therefore expressly requests all Users to always obtain medical and/or a physician’s advice without delay in the case of disease symptoms or health problems. PREVENTICUS hereby expressly advises against initiating, changing or ending any therapeutic interventions until consultation with a physician.
3. PREVENTICUS shall apply the utmost care and rely on the identifiably most current medical trends to verify details when rendering its services. PREVENTICUS provides no warranty as to the accuracy, completeness, up-to-dateness or usefulness of these data.
4. Whether and how the User utilizes the analyses is at his own risk. PREVENTICUS and its executive bodies, executives, employees, vicarious agents, partners, affiliates and licensors assume no responsibility whatsoever for decisions made by you based on the website and/or the Information, such as decisions as to whether or not to consult caregivers or accept treatment by medical or healthcare professionals. You hereby waive all and any claims you have or may have in the future against PREVENTICUS and its executive bodies, executives, employees, vicarious agents, partners, affiliates and licensors and herewith declare to hold the aforementioned harmless from any claims, litigation, costs or for any direct or indirect damages arising in connection with the use of the Information. This also applies to lost earnings.
5. No agency or commissioned relationship exists between PREVENTICUS and the User.
6. PREVENTICUS makes no representations or gives any guarantees whatsoever that the App’s operation is reliable, interruption- and error-free. PREVENTICUS assumes no obligation with regard to the functional suitability or functionality of the smartphone or other hardware employed by the User.
VIII. OBLIGATIONS OF USE
User shall be responsible for creating the required framework for access to the app, specifically meaning the establishment of an Internet connection.
IX. RESTRICTIONS ON USE, BANS ON ACCESS
1. The following types of use and access are prohibited:
a) The use of the App for purposes that are illegal, particularly for purposes that are in contravention of the law or of this contract or promotion of such unlawful or contraventional purposes. The above shall also apply to any attempts to do so
b) Access to, manipulation of or use of non-public domains of the App, of computer systems of PREVENTICUS or of the technical transfer systems of our providers
c) Probing, scanning or testing the vulnerability of the App or breaching or circumventing security and authentication measures
d) All automatic or manual attempts to access the App or its information and data or to search the App using any other than the currently available public interfaces of PREVENTICUS
e) Any disruption or interruption of the access to the App through other users as well as corresponding attempts
f) The use, gathering, spying or forwarding of third-party data or information without their express permission, proof of which must be provided to PREVENTICUS under all circumstances
g) Every modification, linking, deep-linkage, storage, reproduction, duplication, copy, sale or trade with the contents or graphic design of the App or the information contained thereon.
2. Furthermore, the User is prohibited from
a) downloading, publishing, transmitting or distributing racist, insulting, discriminatory, defamatory, sexually explicit, violence-glorifying or any other illegal contents
b) carrying out disruptive interventions with technical or electronic assistive devices in the PREVENTICUS system or undertaking such attempts, particularly using hacking, brute force attacks, viruses, worms or Trojans
c) reading, copying, distributing or transmitting accessible data without the express permission of the respective titleholder or downloading said data with automated programs (crawlers, bots)
d) sending chain letters or messages, in particular, bulk e-mails or spam, to several persons at the same time.
3. In the event of a breach of any obligation hereunder or of corresponding attempts, PREVENTICUS is entitled to withhold or remove information or any other data as well as to terminate paid services at any time with good cause.
X. MODIFICATIONS TO THE APP, CONTENTS
1. PREVENTICUS reserves the right to change the contents, the graphic design or the structure of the App. For that purpose or for other reasons, PREVENTICUS furthermore reserves the right to temporarily suspend complete or partial access to the App, its operation or its functions at any time.
2. PREVENTICUS is responsible for proprietary content on the PREVENTICUS website as well as the App in accordance with general laws. PREVENTICUS is not obligated to monitor transmitted, linked or stored external information or to search for circumstances that point to any illegal activity. Any obligations for the removal or blocking of the use of information pursuant to general laws shall remain unaffected thereby. Any liability in this respect, however, shall only apply after the time a concrete violation of the law became known. If PREVENTICUS should become aware of content-related legal infringements, PREVENTICUS shall remove such content without delay.
XI. AMENDMENTS TO THESE CONTRACTUAL PROVISIONS
1. We may change these General Terms and Conditions from time to time, e.g., to transpose any statutory amendments or incorporate new functions, services or apps. Any amendments relating thereto shall become effective from the time at which we send User a respective notification, for example by making such a notification when the app is started and by asking User to confirm acceptance of the amendments before being able to continue using PREVENTICUS Heartbeats.
2. Should any amendments put User at an objective disadvantage, said amendments shall be announced by us 30 days in advance. Should User disagree with any amendment, User must notify us thereof, before the amendment becomes effective. Otherwise, the amendments shall become an integral part of the contract on the effectiveness date.
3. Users of the full version shall be entitled to cost offsetting only to the extent that their counterclaims have been deemed uncontentious or legally binding. User shall only be entitled to assert of claims to the rights of retention due to counterclaims arising from the same contractual relationship.
4. We shall not archive any copies of these General Terms and Conditions relating to your use of PREVENTICUS Heartbeats. A link to the currently valid and printable version thereof shall always be available via the app.
XII. RIGHTS TO THE WEBSITE, THE APP, BRANDS AND NAMES
1. All rights to the website and the App, specifically copyrights, brands, patents and all other intellectual property rights as well as all rights to the name “PREVENTICUS” or easily confusable derivatives, to labels, domains and all information (with the exception of the individual details entered by the User) are and shall always remain exclusively with PREVENTICUS and/or its licensors.”PREVENTICUS” is a registered trademark of Preventicus GmbH in the EU and further countries.
2. Any reproduction, processing, distribution or type of utilization of any content or parts of the website as well as use of the App are subject to the written permission of PREVENTICUS. Downloads and copies of the website or the App for commercial use are not permitted.
3. To the extent that PREVENTICUS has not generated the content on the PREVENTICUS website or the App, PREVENTICUS shall observe the copyrights of third parties. Third-party content is labeled as such. If, in spite of the aforementioned, users should become aware of any copyright violations, we request that they please notify PREVENTICUS of the fact. Should PREVENTICUS become aware of such violations of the law, we shall immediately remove the affected contents.
XIII. LIABILITY AND RESPONSIBILITY OF PREVENTICUS
1. PREVENTICUS shall bear unlimited liability for willful intent or gross negligence. In the event of minor negligence, PREVENTICUS’s liability shall only be limited to damages typical to this type of contract that could reasonably have been foreseen insofar as PREVENTICUS has breached a duty that is of essential importance for achieving the purpose of the agreement. Irrespective of the reason for the claim, PREVENTICUS shall assume no liability beyond this. The aforementioned liability restrictions and exclusions shall not apply to claims arising from damage from injury to life, body or health or for claims under the Product Liability Act. Unless the liability of PREVENTICUS is limited or excluded, the personal liability or any other of its vicarious agents of PREVENTICUS are likewise limited and/or excluded. The aforementioned liability restrictions shall also apply vis-à-vis third parties who fall under the protective purview of the contract.
2. PREVENTICUS is neither responsible nor liable for damage to the computer system of the User, the loss of data or other disadvantages arising from access to the website or to the App or their respective use. This also applies to the destruction or any failed storage or transfer of data, information and other messages.
XIV. GENERAL INFORMATION ON DATA PROTECTION
2. PREVENTICUS will not sell or exchange personal data and information or otherwise use this information without authorisation. PREVENTICUS does not forward any of its users’ personal data to third parties unless the user has granted his or her consent for this or PREVENTICUS is legally obliged to provide these data. External providers of PREVENTICUS who provide services to the user in the name of and on behalf of PREVENTICUS subject to contractual instructions are not considered third parties. These include, for example, hosts or email/newsletter senders.
XV. COMMUNICATING WITH US / OBLIGATIONS TO INFORM
In the case of questions, simply contact our Customer Care. Send us an email at email@example.com
Or simply write to us at:
07743 Jena, Germany
We are not subject to any extrajudicial complaints or appeals.
User can load, copy, save and print out the contract at any time at link. We store our contracts and make them accessible to Users on request per email.
We have not submitted ourselves to any specific rules of conduct (regulatory code).
EU Regulation 524/2013, the Online Dispute Resolution (ODR) Regulation, governing online consumer affairs has been in force since 9 January 2016. Said regulation governs the out-of-court resolution of disputes concerning contractual obligations stemming from, but not limited to, online service contracts between consumers and online businesses aimed at reaching a high level of consumer protection in the European Single Market. The possibility for online dispute resolution (ODR) provides a simple, efficient, fast and low-cost out-of-court alternative to resolving disputes. The ODR platform transmits properly submitted complaints to the competent alternative dispute resolution (ADR) entities in accordance with national law. The use of the ODR platform itself is free of charge; consumers could incur costs (up to € 30.00) in procedures before ADR entities if their filing constitutes an abuse of rights or law
Link to the ODR platform of the European Commission: ec.europa.eu/consumers/odr
XVI. FINAL PROVISIONS
1. We shall be entitled to transfer our contractual rights and obligations to third parties. Any assignment of the contractual rights by Users shall be excluded. The contractual rights and obligations arising from contract of use entered into with User may not be transferred to a third party unless we have agreed thereto in writing.
2. Should one of the foregoing provisions be or become ineffective or invalid, this shall not affect the validity of the remaining regulations. The ineffective provisions shall be replaced with such regulations that come most closely to the economic purpose of the contract while reasonably safeguarding all mutual interests.
3. The place of jurisdiction for all disputes arising from this contract and its effectiveness shall be deemed by PREVENTICUS as either the headquarters of PREVENTICUS or the User’s place of residence.
4. This contract shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on Contracts for the International Sale of Goods and of the German private international law.