Terms of Use

4 Scope of services / functions and contents

a) The spasticity app is intended for patients after a stroke. Use of the app is voluntary and can be terminated at any time.

b) The reality of care for patients with spastic movement disorders after a stroke is very important. Guideline-compliant treatment of patients with spasticity should follow an interdisciplinary treatment approach. In addition to general medical treatment, this should also include occupational and physical therapists, neurologists and, if necessary, other specialist groups. Rehabilitation programs should be initiated as soon as possible after a stroke.

c) The purpose of the spasticity app is to support patients after a stroke and to identify warning signs of possible spasticity. The app is based on the principle of a questionnaire based on the traffic light principle. This should be filled out at regular intervals (weekly). Depending on the test result of the questionnaire, the patient is advised to contact their family doctor, physiotherapist or neurologist to have the appropriate or necessary diagnostic or prognostic tests carried out.

d) The Spasticity App is a digital application that supports a patient in continuously monitoring and recording their state of health in order to, if necessary, make an algorithm-based recommendation to contact a family doctor, physiotherapist or neurologist. Neither Bayerische TelemedAllianz GmbH nor the Spasticity App provide medical, therapeutic or prognostic services. Bayerische TelemedAllianz GmbH merely provides a technical environment and provides technical support in connection with the installation and use of the Spasticity App.

e) Using the Spasticity App does not result in a treatment contract between the user and Bayerische TelemedAllianz GmbH or a service provider.

f) In addition to the Spasticity App, interested parties and users of the Spasticity App can access the general information provided by Bayerische TelemedAllianz GmbH on the subject of spasticity in general and the Spasticity App in particular at www.spastik-app.de.

g) The Spasticity App can be downloaded free of charge from the Apple App Store and Google Play by anyone who would like to use the app.

h) In order to use the spasticity app, registration is required (see section 5). This is necessary in order to create an individual user account in which the questions and evaluations (“tests”) belonging to an individual user can be carried out; the account also enables the historical documentation of the individual tests in order to be able to understand developments in the state of health retrospectively. Access to this account and thus the possibility of using the spasticity app is via individual access data, i.e. via a user name and a password freely selected by the user during registration.

i) In order to enable a doctor or therapist to be contacted quickly by telephone if necessary, the user can store their contact details in the spasticity app. In this context, Bayerische TelemedAllianz GmbH would like to point out that an appointment for a video consultation (such as with the “doccura” system offered by Bayerische TelemedAllianz GmbH) can also be made with doctors in this way. However, a video consultation is not itself part of the spasticity app and takes place separately or outside of the spasticity app; in this case, the terms of use of the video service provider apply. Bayerische TelemedAllianz GmbH would like to point out that conducting a video consultation is voluntary and that your consent must be given to the doctor for this.

j) The user must enter four pieces of information about the stroke and the degree of impairment in the spasticity app once. This information is made available to the patient by the treating hospital or the doctor providing follow-up care, or can be requested by the patient.

k) The user must regularly (weekly) answer ten questions relating to spasticity-specific aspects. The answers are based on self-observation by the user (patient). When assessing the answer, the user is supported by a short explanatory video. There are three answer categories available for each question. To support the user in regularly using the spasticity app, a registered user receives a weekly reminder by email.

l) After the questions have been answered, they are automatically evaluated using a specific algorithm and the result is displayed to the user. If a recommendation to contact a doctor or therapist is displayed, contact is recommended.

m) Bayerische TelemedAllianz GmbH reserves the right to change and/or discontinue the content and scope of the Spasticity App at any time.

n) Users of the spasticity app have the opportunity to take part in a scientific study. For this purpose, users receive a link to an online questionnaire by email every four weeks. Participation in the study (filling out the online questionnaire) is completely voluntary. If the patient does not want to fill out the questionnaire, there are no disadvantages. The spasticity app can also be used without taking part in the survey.

5 Registration/User Account

a) In order to use the Spasticity App, the user must first register in the Spasticity App. Registration creates a user account. Registration is free. Each user may only register once.

b) During registration, the user must choose a password of his or her own choosing. This, together with the user name, enables access to the Spasticity app. The user can reset the password independently using the "Forgot password" function.

c) After registration, the user will receive an email with a confirmation link to the email address specified in their user account. Only after clicking on this link will the user account be automatically activated and the user can use the Spasticity app.

d) The user must be of legal age and have full legal capacity when registering. Minor users and/or users who do not have full legal capacity can only be registered by their legal representative.

e) There is no legal entitlement to use the services of the Spasticity App. Bayerische TelemedAllianz GmbH, as the operator of the mobile application, is entitled at any time to refuse registration or to block or delete an account without giving reasons.

6 Technical requirements for using the Spasticity App

To use the Spasticity app on Apple devices, you need an iOS device with an operating system version 11 or higher. To use the Spasticity app on Android devices, you need an Android device with an operating system version 8 or higher. You also need an internet connection.

7 Term/Termination

a) There is neither a minimum nor a maximum contract term. Patients can terminate or cancel the contract for the use of the Spasti app at any time. The termination can be made informally to Bayerische TelemedAllianz GmbH (e.g. by email or telephone). In this case, Bayerische TelemedAllianz GmbH will delete the account and thus all stored data. Furthermore, Bayerische TelemedAllianz GmbH will automatically delete an account if it has been inactive for six or three months, i.e. if it has not been used by the patient or if no questionnaires have been filled out. The same applies if a user has not logged in after registering.

b) Bayerische TelemedAllianz GmbH is entitled to discontinue the free service offer at any time without giving reasons or to terminate the user agreement or to block or delete a user account.

c) From the day of the agreed use, you have the right to revoke the agreed use at any time without giving reasons.

8 Obligations of users

a) The user ensures that he has the necessary hardware and software to be able to use the Spasticity App. In particular, internet access is required. Any connection costs are to be borne by the user.

b) Bayerische TelemedAllianz GmbH reserves the right to make changes to the app as part of the further development of the spasticity app and to provide users with new versions. The user should always use the latest version of the app and install available updates immediately.

c) The user is obliged to use the functions and services of the app only appropriately and to keep his access data secret and not to pass it on to third parties.

d) The user is particularly obliged not to carry out any illegal actions such as the unauthorized saving, downloading, copying or reading of data and content from the Spasticity App in order to use them for other purposes, to publish them or to use them for a purpose not intended by Bayerische TelemedAllianz GmbH. This applies to both non-commercial and commercial purposes.

e) The user is obliged to provide information required for the provision of the services correctly, comprehensively and truthfully.

f) In order for the spasticity app to be able to detect changes in health status, the user should use the spasticity app regularly (i.e. preferably weekly). The recommendations for action resulting from answering the questions in the spasticity app should be noted.

g) The user is aware that the spasticity app is not a substitute for medical advice or care from a doctor. The patient must in any case seek personal care from a family doctor or neurologist independently as part of the follow-up care for their stroke.

h) The spasticity app is not to be used in an emergency or in the case of illnesses that require a physical examination. In these cases, it is necessary to see a doctor or, in urgent cases, an emergency room or an emergency practice.

i) The user must take note of the data protection information applicable to the Spasticity App.

9 License, rights of use

a) The user is entitled exclusively to the rights to use the Spasticity App granted under these Terms of Use.

b) The content, information, images, videos, databases, etc. published in the Spasticity app are protected by copyright and are the property of or licensed by Bayerische TelemedAllianz GmbH. Content may not be copied, edited or reused in any other way. All content may only be used for personal and not for commercial purposes. Distribution of content is prohibited without the express consent of Bayerische TelemedAllianz GmbH. The license to use the content or access to the content may not be transferred to and/or made available to a third party.

10 Warranty and liability

a) The spasticity app was developed to the best of their knowledge and belief by licensed medical practitioners and physiotherapists experienced in the treatment of spasticity. Despite the greatest care and continuous review and development of the app, it cannot be guaranteed that a patient will be able to identify reliable indications of possible spasticity using the spasticity app. Bayerische TelemedAllianz GmbH is not liable for the success of using the app. Use is entirely at your own risk. The spasticity app is not a substitute for personal contact with a doctor, which should be done regularly for patients after a stroke.

b) Bayerische TelemedAllianz GmbH is not liable for application errors made by users. This also includes unauthorized access to content and unauthorized use of the spasticity app by third parties as a result of the user's lack of care in keeping their access data secret.

c) Bayerische TelemedAllianz GmbH is only liable for damages, in particular due to delay, non-performance, poor performance or unlawful acts, in the event of a breach of essential contractual obligations, the fulfillment of which could be relied upon to a particular degree. Otherwise, Bayerische TelemedAllianz GmbH is not liable unless there are mandatory statutory provisions. The exclusion of liability does not apply to intent and gross negligence, but to culpable injury to body, health and life that occurs within the framework of the contract between the service provider and the patient. The limitation of liability also applies to legal representatives and vicarious agents of the Spasticity App.

d) Bayerische TelemedAllianz GmbH is only liable for damages caused intentionally or through gross negligence, in the case of fraudulent concealment of defects, in the case of assumption of a guarantee of quality, and for claims based on the Product Liability Act.

e) Bayerische TelemedAllianz GmbH is only liable for other damages if an obligation is violated, the fulfillment of which is essential for the proper execution of the contract and on whose compliance the user can regularly rely (cardinal obligations) or if it is a risk that can be controlled solely by Bayerische TelemedAllianz GmbH. Liability is limited to the typically foreseeable damage.

f) Bayerische TelemedAllianz GmbH is only liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as lost profits is excluded. The same applies to the consequences of industrial disputes, accidental damages and force majeure.

g) With regard to the information on the website of Bayerische TelemedAllianz GmbH, liability claims against Bayerische TelemedAllianz GmbH and its authors as advisors, which refer to damages of a material or immaterial nature caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are fundamentally excluded, unless the author can be proven to have acted intentionally or with gross negligence.

h) The above limitations of liability also apply to the legal representatives and vicarious agents of Bayerische TelemedAllianz GmbH.

i) Bayerische TelemedAllianz GmbH is fundamentally not liable for damages arising from the service relationship between the service provider (doctor, physiotherapist) and the patient, even if the service relationship arose as a result of the use of the spasticity app.

11 Availability

a) The spasticity app is generally available 24/7. There may be deviations from this due to maintenance and care work. Non-availability does not give rise to any claims for damages or liability against Bayerische TelemedAllianz GmbH.

b) Bayerische TelemedAllianz GmbH is exempt from its obligation to perform in cases of force majeure. Force majeure includes all unforeseen events and events whose effects on the performance of the contract are not the responsibility of either party. These events include, in particular, lawful industrial action, including in third-party companies, and official measures.

12 Data protection and security

a) Detailed information on how data is handled can be found in the separate data protection notices (at www.spastik-app.de or the links displayed during registration), which users must confirm their acknowledgement of during registration. The data protection notices are also part of the user agreement.

13 Changes to the Terms of Use

Bayerische TelemedAllianz GmbH has the right to change the terms of use at any time without stating reasons and with effect for the future, provided that these do not result in significant disadvantages for the user (e.g. change in the term or scope of services). Bayerische TelemedAllianz GmbH will communicate changes to the terms of use in a suitable form at least four weeks before they come into effect. The respective change will take effect if the user does not object within two weeks. If the user objects to the change within a period of two weeks, Bayerische TelemedAllianz GmbH is entitled to terminate the user relationship altogether without notice, without the user having any claims against Bayerische TelemedAllianz GmbH as a result; in this case, the user's account will be deleted by Bayerische TelemedAllianz GmbH.

14 Final provisions

a) Should individual provisions of these terms of use, including this provision, be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The respective statutory provisions shall take the place of the invalid or missing provisions. This shall also apply if a gap requiring supplementation subsequently becomes apparent.

b) The law of the Federal Republic of Germany applies exclusively. The place of jurisdiction is the registered office of Bayerische TelemedAllianz GmbH.

Stand: 27.04.2022