Terms of Use

4 Scope of services / functions and content

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 of patients with spastic movement disorders after a stroke is very important. A guideline-based treatment of patients with spasticity should follow an interdisciplinary treatment approach. In addition to general medical treatment, this should also supplement ergotherapists and physiotherapists, neurologists and, if necessary, other specialist groups. Rehabilitation programs should be initiated as soon as possible after a stroke.

c) Against this background, the purpose of the spasm app is to support patients after a stroke and to identify warnings of possible developing spasticity. The app is based on the principle of a questionnaire using the traffic light principle. This should be completed at regular intervals (weekly). Depending on the result of the questionnaire, the patient is advised to contact their family doctor, physiotherapist or neurologist in order to have the appropriate or necessary diagnostic or prognostic examinations carried out there.

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

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

f) In addition to the spasm app, interested parties and users of the spasm app can access the general range of information from Bayerische TelemedAllianz GmbH on the subject of spasms in general and the spasm app in particular at www.spastik-app.de.

g) The spasm app can be downloaded free of charge from the Apple App Store and Google Play by those interested in using the app.

h) In order to be able to use the spasm app, registration is required (see Section 5). This is required in order to create an individual user account in which the questions and evaluations (“test”) 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 to the possibility of using the spasm app takes place via individual access data, ie via a user name and a password freely selectable by the user during registration.

i) In order to enable a doctor or therapist to be contacted quickly by telephone if necessary, their contact details can be stored by the user in the spasm app. In this context, the Bayerische TelemedAllianz GmbH points out that it is also possible to arrange an appointment with doctors to conduct a video consultation (such as with the "doccura" system offered by the Bayerische TelemedAllianz GmbH). However, a video consultation itself is not part of the spasms app and takes place separately or outside of the spasms app; in this case, the terms of use of the video service provider apply. Bayerische TelemedAllianz GmbH points out that video consultations are voluntary and that you must give your consent to the doctor.

j) In the spasm app, the user must enter four pieces of information about the stroke and the degree of impairment. This information is made available to the patient by the treating hospital or the doctor performing the follow-up care, or can be requested by the patient from there.

k) The user has to answer ten questions related to spasticity-specific aspects on a regular basis (weekly). The answer is 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 to choose from for each question. To support the user in using the spasm app regularly, a registered user will receive 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 the recommendation to contact a doctor or therapist is displayed, appropriate contact is recommended.

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

n) Users of the spasm app have the opportunity to take part in a scientific study. For this purpose, users receive a link to an online questionnaire every four weeks by e-mail. 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 spasm app can also be used without taking part in the survey.

5 Registration/User Account

a) In order to be able to use the spasm app, the user must first register in the spasm app. By registering, a user account is created. Registration is free. Each user may only register once.

b) As part of the registration, the user must assign a password of their own choosing. Together with the user name, this enables access to the spasm app. The password can be reset independently by the user using the "Forgot password" function.

c) After registration, the user receives an e-mail with a confirmation link at the e-mail address specified in his user account. Only after clicking on this link is the user account automatically activated and the user can use the spasm app.

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

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

6 Technical requirements for using the spasm app

To be able to use the spasm app on Apple devices, an iOS device with an operating system from version 11 is required. In order to be able to use the spasm app on Android devices, an Android device with an operating system from version 8 is required. An internet connection is also required.

7 Term/Termination

a) There is neither a minimum nor a maximum contract term. Patients can terminate or cancel the contract for using the Spasti app at any time. The termination can be made informally to the Bayerische TelemedAllianz GmbH (e.g. by e-mail or telephone). In this case, Bayerische TelemedAllianz GmbH will arrange for the account and thus all stored data to be deleted. Incidentally, an automatic deletion by Bayerische TelemedAllianz GmbH takes place if an account has been inactive for six or three months, ie has not been used by the patient or no questionnaires have been completed. The same applies in the event that a user after registration.

b) Bayerische TelemedAllianz GmbH is entitled to discontinue the free range of services at any time without giving reasons, to terminate the user contract 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 User Obligations

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

b) Bayerische TelemedAllianz GmbH reserves the right to make changes to the app as part of the further development of the spasm app and to make new versions available to users. 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, to keep his access data secret and not to pass them on to third parties.

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

e) The user is obliged to provide correct, comprehensive and truthful information required for the provision of the services.

f) The user should use the spasms app regularly (ie preferably weekly) so that changes in the state of health can be recognized with the spasms app. The recommendations for action resulting from answering the questions of the spasm app must be noted.

g) The user is aware that the spasm app does not replace medical advice or care from a doctor. As part of the follow-up care for his stroke, the patient must in any case independently seek personal care from a general practitioner or neurologist.

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

i) The user must take note of the information on data protection applicable to the spasm app.

9 License, Use Rights

a) The user is only entitled to the rights granted under these terms of use to use the spasm app.

b) The content, information, images, videos, databases, etc. published in the spasm app are protected by copyright and are the property of Bayerische TelemedAllianz GmbH or licensed by them. The content may not be copied, edited or used in any other way. All content may only be used for personal and non-commercial purposes. The content may not be passed on without the express consent of Bayerische TelemedAllianz GmbH. The license to use the content or access to the content may not be transferred and/or granted to a third party.

10 Warranty and Liability

a) The spasm app was developed to the best of our knowledge and belief by licensed physicians and physiotherapists experienced in the treatment of spasms. Nevertheless, despite the utmost care and continuous review and further development of the app, it cannot be guaranteed that a patient with the spasm app will recognize reliable indications of possible spasticity himself. Bayerische TelemedAllianz GmbH is not liable for the success of using the app. Use is entirely at your own risk. The spasm app is not a substitute for personal contact with a doctor, which patients should have regularly after a stroke.

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

c) Bayerische TelemedAllianz GmbH is only liable for damages, in particular due to delay, non-performance, poor performance or tortious acts, in the event of a breach of essential contractual obligations, the fulfillment of which could be relied on to a particular extent. Apart from that, liability on the part of the Bayerische TelemedAllianz GmbH is excluded, unless there are mandatory legal regulations. The exclusion of liability does not apply to intent and gross negligence, but does apply 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 spasm app.

d) Bayerische TelemedAllianz GmbH is only liable for damage caused intentionally or through gross negligence, fraudulent concealment of defects, acceptance of a quality guarantee, 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 the observance of which the user can regularly rely (cardinal obligations) or if it is a question of an obligation solely of the Bayerische TelemedAllianz GmbH TelemedAllianz GmbH is the risk to be controlled. Liability is limited to typically foreseeable damage.

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

g) With regard to the information on the Bayerische TelemedAllianz GmbH website, liability claims against Bayerische TelemedAllianz GmbH and its authors as advisors, which relate to material or immaterial damage caused by the use or non-use of the information provided or by the The use of incorrect and incomplete information is fundamentally excluded, provided that there is no demonstrable fault of an intentional or grossly negligent nature on the part of the author.

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

i) The Bayerische TelemedAllianz GmbH is generally 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 spasm app.

11 Availability

a) In principle, the spasm app is available 24/7. There may be deviations from this due to maintenance and care work. Non-availability does not justify any claims for damages or liability towards Bayerische TelemedAllianz GmbH.

b) Bayerische TelemedAllianz GmbH is released from the obligation to perform in cases of force majeure. Force majeure includes all unforeseen events and events for which neither party is responsible for the impact on the fulfillment of the contract. These events include, in particular, lawful industrial action, also in third-party companies, as well as official measures.

12 Privacy and Security

a) Detailed information on the handling of data can be found in the separately provided information on data protection (at www.spastik-app.de or the link displayed during registration), the knowledge of which must be confirmed by users during registration . The information on data protection is also part of the contract of use.

13 Modification of Terms of Use

Bayerische TelemedAllianz GmbH has the right to change the terms of use at any time to the user without stating reasons with effect for the future, provided that this does not mean any significant disadvantages for the user (e.g. change in the term or the 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 as a whole 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 wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. Instead of the invalid or missing provisions, the respective statutory regulations apply. This also applies if a gap that needs to be filled becomes apparent later.

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

Stand: 27.04.2022