General Terms and Conditions for the Use of the BIOTRONIK Patient App
1. Scope
1.1 The following terms and conditions (hereinafter referred to as "Terms") apply to every registered user of the BIOTRONIK Patient App (hereinafter referred to as "App"). The App is operated by BIOTRONIK SE & Co. KG, based in Woermannkehre 1, 12359 Berlin, Germany, (hereinafter referred to as "we" or "us").
1.2 The App provides certain information in relation to cardiac devices. Please note, however, that the App is not an emergency system and does not provide medical advice. We recommend consulting with your doctor in charge before using the App.
1.3 The available services within the App may also contain services and/or information of third parties, which we only provide access to. Different or additional terms and conditions may apply with respect to the use of such services, which we will indicate in each case. Services of third parties will be marked as such.
1.4 The specific terms of use of Apple – provided below – will apply additionally if you download the App from Apple's App store. If you download the App from Google's Google Play Store, then the specific terms of use of Google – provided below – will apply additionally.
2. Registration
2.1 By completing the registration in our App you enter into a user agreement with us and thereby accept the Terms as basis of the user agreement.
2.2 The registration requires you to
(a) enter and submit the mandatory information that is requested when opening the App for the first time (e.g. first and last name, email address and a chosen password); and
(b) be at least 18 years of age.
You have no legal right of registration. We are entitled to deny registration without giving a specific reason. If we accept your registration we will sent you a verification mail to the email address stated within your registration. In order to complete the registration you need to activate your account by clicking the verification link within the verification mail.
After successful registration you can login to the App by stating your email address and password.
2.3 You must not let any third party have access to the password you chose upon registration and are obligated to inform us immediately after becoming aware that non-authorised third parties have possession of or access to your password. You are personally liable for any use and/or activity that are being carried out under your account in accordance with the statutory legal provisions.
3. BIOTRONIK Home Monitoring
The main features of the App require that you are also registered to BIOTRONIK Home Monitoring. Furthermore, your cardiac device must be equipped with BIOTRONIK Home Monitoring and you also need to have a CardioMessenger Patient Device.
4. Modifications and Updates to the App
Since the App is provided to you free of charge by us we reserve the right to alter or discontinue the offers and functions of the App or to replace them with new applications in the future. We will announce such changes in a timely manner within the App and will take into account your legitimate interests.
We may – without being obliged to – also publish updated versions of the App from time to time and discontinue supporting earlier versions of the App. A proper working of the App requires that you have the latest version of the App installed at any time. Future updates might require that you have installed an updated version of the operating system on your mobile device and such updated version of the operating system might not support your current mobile device any longer.
5. Prohibited Activities
5.1 The App is available for non-commercial use only.
5.2 Any activity that violates applicable law or rights of third parties as well as any activity that may impair smooth operation of the App, especially such activities that may encumber our system excessively, is prohibited.
6. Availability
In general, the App is available round the clock. Nevertheless, we cannot guarantee that the App runs uninterrupted or error-free. Therefore, at times the App may not be completely or partly available in order to carry out or implement necessary backups, maintenance works, improvements or bug fixes.
We expressively point out that the App requires a working internet access and that you might have no or only limited mobile internet access in some regions or when traveling abroad. We strongly recommend checking the availability of internet access in advance with your telecommunication provider.
7. Using the Communication Tools of the App
The App may allow you to initiate a call to the patient hotline. Therefore the App provides the entered telephone number. The telephone connection will be set up via the telephone app of your mobile device. Please note that your telecommunication provider may charge you for any in- and outgoing calls in accordance with its applying tariffs.
The App supports the reception and transmission of messages, e.g. for general information regarding the App or call-back requests from your physician. The transmission of messages requires an internet access. Please note that your telecommunication provider may charge you for the data transmission in accordance with its applying tariffs.
8. Contacting in connection with surveys
In connection with the evaluation of the usability of the App, you allow us to send you an email with a link to an online survey to ask for your feedback.
9. Data Protection / Privacy
Security of your personal data is of uttermost importance to us. More information to the measures we implement to secure your data can be found in our privacy statement.
Please note that the App may include and display sensitive health data about you. We therefore recommend to close the App every time after using and to protect access to your mobile devise by a password/PIN.
10. Warranties / Our liabilities
10.1 The App is only designed as an additional information source and shall neither be regarded as medical advice nor shall it substitute or overrule any information given by professional medical advisors.
10.2 We endeavour and undertake reasonable measures to ensure that any data given within the App is accurate and up-to-date. However, we cannot ensure this with regards to information initially collected by third parties and only immigrated to the App (e.g. information within your "My Patient ID Card"). Furthermore, any information regarding the status of your medical device is depending on an accurate transmission of the underlying data by your CardioMessenger Patient Device.
10.3 We shall be liable without limitation for damage caused with intent or gross negligence as well as for claims regarding the German Product Liability Act and in case of injury to the life, limb or health.
We can only be held liable for slightly negligent breaches of duty if our legal representatives or agents are in breach of a duty that derives from material contractual obligations that is of substantial importance to fulfilling the contract purpose ("cardinal obligation"). In this case the liability is limited to the foreseeable damage.
Insofar as our liability is excluded or limited, the same applies to the personal liability of our legal representatives and agents.
11. Scope of Use
All content, information, pictures, videos and databases that are published in this App are protected by copyright. Express written approval must be obtained from us prior to any use, reproduction, publication or distribution that is not private or non-commercial, including the insertion into databases.
12. Term and Termination
12.1 The user agreement is concluded for an indefinite period. You may terminate the user agreement at any time without a notice period e.g. by clicking "Delete Account" at your account settings and completing the deletion process.
12.2 We reserve the right to terminate the user agreement at any time with a four weeks' notice period. We will inform you about the termination via an email to the address stated during the registration.
12.3 The statutory right of both parties to terminate this Agreement for good cause without notice period remains unaffected.
13. Final Provisions
13.1 We reserve the right to amend the Terms at any time. We will inform you about any amendments in advance via a message to your email address provided to us ("amendment notice"). You may object to an amendment within four weeks after receipt of the amendment notice ("objection period"). In case you object we are entitled to terminate the user agreement with a two weeks' notice period starting from the end of the objection period. We will inform you about your right to object and the legal consequences separately within the amendment notice.
13.2 These Terms are governed by the law of the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG). If you are a user this choice of law shall not have the result of depriving you of the protection afforded to you by provisions that cannot be derogated from by agreement by virtue of the law of the country of your habitual residence.
13.3 We are entitled to partly or fully assign the fulfilment of all services that are connected to this App to third parties at any time.
13.4 The European Commission provides a platform that is dedicated to extrajudicial resolution online under http://ec.europa.eu/consumers/odr (the so-called OS platform). Neither are we interested in participating in dispute settlement procedures at a consumer arbitration board, nor are we obligated to do so.
14. Contact
Feel free to contact us directly if you have any questions or problems with the App:
Health Services Customer Support
Tel +49 30 68905-2440
Fax +49 30 68905-2941
Mail healthservices@biotronik.com
Special Terms of Use for users, who download the App from the Apple App Store
The following conditions apply in addition to the Terms, if you download the App via the App Store by Apple Inc. ("Apple"):
1. The terms of use are agreed upon solely between you and us. Apple is not a party of this contract whatsoever and has no responsibilities regarding the terms of use and the content thereof.
2. You are granted a non-transferable right of use of this App on every Apple device that is in your possession within the scope of the terms of use in the general terms and conditions of the App Store.
3. Apple is not responsible for providing maintenance and support services for the App. Apple is not in any way obliged to provide maintenance and support services for the App.
4. Apple is not responsible for our warranties, no matter whether they arise explicitly or are implied by act of law if not waived effectively. In the case of us not fulfilling applying warranties, you may contact Apple for a refund of the potential price to which you purchased the App. You further note, that Apple does not have any other warranties of any kind regarding us, to the extent permitted by law.
5. Apple is not responsible for claims associated to the App, possession and/or its usage, including (i) product liability claims, (ii) allegations that the application does not meet the applicable jurisdictional and administrative regulations; and (iii) claims of consumer protection law or related legislative acts.
6. In case of a third party claiming that the App, its possession thereof or its usage violates intellectual property of a third party, Apple is not responsible for the investigation, defence, settlement or fulfilment of such a claim regarding the violation of intellectual property.
7. Use of the App is not permitted if you (i) reside in a country, that is subject to an embargo by the U.S. government or which is regarded as a country that supports terrorism by the U.S. government; or (ii) are listed as a blocked or restricted person by the U.S. government.
8. Any questions, complaints or claims in relation to the App should be raised with us. Our contact information is provided at "Contact" above.
9. Apple and its subsidiaries are third-party beneficiaries of these terms of use and by accepting these terms of use, Apple has the right to enforce this contract as a third-party beneficiary of the contract against you; this right shall be deemed to be accepted by Apple.
Special Terms of Use for Users who download the App from Google's Google Play Store
The following conditions apply in addition to the Terms if you download the App via the Google Play Store by Google Inc. ("Google"):
1. You accept that these terms of use are only effective between you and us, not with Google.
2. Your use of the Android App must meet the current terms of use of Google Play.
3. Google is only the provider of Google Play where you downloaded our Android App. Only we, and not Google, are solely responsible for the Android App, services and content, which are accessible via these. Google has neither an obligation nor a liability regarding the Android App or this agreement.
4. You acknowledge that Google is a third-party beneficiary of these terms of usage, as far as a connection to our Android App is established.
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