1. General information

1.1 These Terms of Service (hereinafter referred to as “ToS”) apply in addition to the General Terms and Conditions of Use for the Website for the registration and use of the secured area and the CANKADO Apps. Any terms and conditions of business contrary to or exceeding these Terms and Conditions shall not become an integral part of the contract.

1.2 User within the meaning of these ToS means any natural person who registers for the secured area.

1.3 Secured area within the meaning of these ToS means an area of the APP that is only accessible after registration and is subject to special security regulations, in particular not visible to third parties.

1.4 The secured area of the APP is not a substitute for direct contact with the physician and does not constitute a reporting system to the physician. Complaints, problems, questions or similar concerns must always be clarified directly and not via the APP with the attending physician.

2.Contractual object

2.1 The subject of this contract is the provision and operation of the APP.

2.2 CANKADO GmbH provides users with features for personal use in the secured area that are not accessible in the open area. CANKADO gradually adjusts and expands these features as needed.

2.3 Features in the secured area may include, for example, the storage of medication intake data, the therapy plan, the creation of an individual health profile, the use of the reminder function for medication intake and other offers.

2.4 Unrestricted availability of the APP cannot be technically guaranteed, since use requires access to telecommunications networks and connections over which CANKADO has no influence. CANKADO endeavours to reduce operational interruptions (for example due to maintenance or maintenance work on hardware and software) as far as possible.

3. Conclusion of contract and registration

3.1 CANKADO provides the APP for compatible devices for download in the respective app stores. The download and use of the APP is free of charge for users. Any connection costs incurred during use, e.g. with the mobile operator, are to be borne by the user. The activation of Digital Health Applications (DiGa) within the APP is subject to a cost.

3.2 The contract of use between the user and CANKADO is concluded as soon as the user registers his account for access to the secured area. There is no entitlement to the conclusion of a usage contract.

3.3 Physicians must provide the data necessary for registration to the secured area completely and correctly and also keep it up to date. This also includes the Uniform Training Number (EFN) of the medical associations.
CANKADO has the right to check them with the medical associations. If the information is incorrect, CANKADO can immediately deactivate access.
After registering with the necessary and correctly provided data, health-care professionals have the opportunity to access the secured area with the written consent of a physician. This written consent must be submitted to CANKADO for this purpose. Patients can register by specifying their email address.

3.4 When registering, a username and password is set. The user will immediately receive an email from CANKADO with a confirmation link. Once the user has confirmed his registration by clicking on the confirmation link, he will have access to the secured area.

3.5 The user must keep his password confidential, in particular he must not communicate this password to anyone, write down or disclose it in the documents of CANKADO or obviously note it down. The user is responsible for all activities that occur or are carried out under his password. If he knows or suspects that another person knows his password, he must change the password or contact CANKADO immediately and notify them. If CANKADO suspects that there is a breach of security or misuse of the website, the user may be required to change hisr password or CANKADO may temporarily disable access.

4. Duration of contract and termination

4.1 The contract for the use of the APP is concluded for an indefinite period of time.

4.2 Users may cancel CANKADO’s services. CANKADO reserves the right to suspend or terminate access to the services with prior notification. This applies in particular,

(a) if users violate the ToS,

(b) if you use the Services in a manner that could cause us or other users a real risk of damage or loss,

(c) if unforeseen circumstances arise which are beyond CANKADO’s control, or

(d) to comply with a legal requirement.

CANKADO will prompt the user in advance to suspend the activity in question via the email address associated with the user’s account. If the user does not take the necessary steps following this request, access to the services will be terminated or suspended.

There will be no prior notification of termination, in particular:

(a) in the event of a serious violation of these General Terms and Conditions, e. g. misrepresentation of medical professional status,

(b) if this would entail legal liability for CANKADO or affect CANKADO’s ability to provide the services to other users; or

(c) if CANKADO is prohibited by law.

5. Use of CANKADO

5.1 Access for healthcare professionals includes the ability to create and manage patients. This includes, among other things, the filing of therapy plans and standardised questionnaires. CANKADO is not responsible for obtaining a written consent agreement from patients.

5.2 Access for patients includes the possibility to keep a therapy diary.

5.3 Patients have the opportunity to grant their treating physicians access to their therapy diary. The attending physician then has the possibility to unlock further documentation options, such as questionnaires for the patient.

5.4 The functionality of the diary can be extended by purchasing integrated Digital Health Applications (DiGa).

5.5 CANKADO has no influence on how users use the APP. The user is responsible for the accuracy and completeness of the information. CANKADO does not check the correctness or completeness of the entries.

5.6 Use requires an active internet connection of the terminal device. The user has no right to recover the data in the event that the data has been deleted by the user himself or if the user has no access to his data for a reason not for which CANKADO is responsible.

6. Liability

6.1 CANKADO is liable for intent and gross negligence. In the event of a slightly negligent breach of essential contractual obligations which are of particular importance for the achievement of the contractual purpose and on which the user could rely, CANKADO shall be liable for the foreseeable, contract-typical damage. Otherwise, liability for slight negligence is excluded.

6.2 The above limitations of liability do not apply to culpable injury to life, body and health.

6.3 The limitations of liability apply accordingly to the benefit of CANKADO’s employees and vicarious agents, if claims are asserted against them.

6.4 For all claims against CANKADO for damages or reimbursement of futile expenses, a limitation period of 2 years shall apply from the moment in which the user becomes aware of the damage; without regard to this knowledge, claims for damages shall become time-barred no later than 3 years from the date of the damaging event. This does not apply to liability in case of intent or gross negligence or personal injury.

7. Granting of rights

7.1 CANKADO grants the User a non-exclusive (simple), non-transferable, non-sublicensable right to use the APP, including any contained documentation, for the duration of this contract, for the purposes of this contract.

7.2 Subject to statutory regulations, the user is only permitted to reproduce the APP insofar as this is necessary for the contractual use of the APP. The user may not make the APP publicly accessible, rent it or use it in any other way commercially. All rights not expressly granted remain reserved.

7.3 CANKADO only provides the APP in the object code for the available operating systems. The source code of the APP is not the subject of this granting of rights.

7.4 In the context of the use of the APP, users can access questionnaires to the intended extent. The user is prohibited from passing on these questionnaires in whole or in substantial parts or reproducing or reshaping them, whether temporarily or permanently.

8. Data privacy policy

8.1 The data privacy policy applies to the collection, processing and use of your personal data of a user.

9. Changes to the Terms of Service

9.1 CANKADO reserves the right to amend or update the ToS due to changes in law, changes to jurisdiction or from time to time. CANKADO will inform users with a stored e-mail address via e-mail and on the website about the changed Terms of Service and make them available for inspection. Any objection must be made within 4 weeks of notification of the changes in writing by e-mail to [email protected].

10. Final provisions

10.1 The law of the Federal Republic of Germany shall apply.

10.2 If the user is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship is Munich. The same applies if the user is an entrepreneur within the meaning of § 14 BGB (German Civil Code). However, CANKADO is also entitled in all cases to file a claim in accordance with a priority individual agreement or at the general place of jurisdiction of the user. Priority statutory provisions, in particular with regard to exclusive responsibilities, remain unaffected.

10.3 If the user does not have a general place of jurisdiction in Germany or in another EU member state or his permanent place of residence after these ToS become effective or the place of residence or habitual residence is not known at the time of filing the action, the exclusive place of jurisdiction for all disputes shall be under this contract the registered office of CANKADO.

10.4 Should one or more of the provisions in these ToS be invalid, the remainder of the contract shall remain effective. The parties replace an invalid agreement with an agreement that is as close to their meaning and purpose as possible.