myon.clinic supports and connects patients with healthcare stakeholders and thus complements analogue care with a digital companion. We are pleased that you as a service provider would like to take advantage of the services of myon.clinic. Please read the Terms of Use carefully to ensure that you understand each provision, as you accept these Terms of Use by registering for myon.clinic. If you do not accept the terms of use, you will not be able to use the myon.clinic services.
For information: For reasons of easier readability, a uniform language form is used. However, this does not imply discrimination against one gender, but should be understood as gender-neutral in the sense of linguistic simplification.
The myoncare portal was developed to digitize medical treatment and contribute to improving therapy outcomes. The myoncare portal is a medical device that is classified according to the European regulations for medical devices and provided with a CE mark. Further information on the myoncare platform applications can be found as an appendix to these Terms and Conditions or on the myoncare website.
1. SCOPE
1.1 myon.clinic GmbH, a company registered with the Munich District Court under the registration number HRB 280310, ("myon.clinic" or "we", "us", "our") is the provider of myon.clinic.
1.2 These General Terms and Conditions of Business and Use govern the relationship between you, as the beneficiary, and myon.clinic. Any further obligations may arise from the patient and monitoring agreement that your unit (clinic, GbR or other legal entity) has concluded with myon.clinic.
1.3 The myoncare platform is offered by Oncare GmbH (hereinafter: Oncare). You must conclude a separate contract with Oncare for the use of the myoncare platform. This is independent of your contractual relationship with myon.clinic.
1.4 The use of myon.clinic is an additional offer that does not replace any necessary treatment of the patient by you or a physician in private practice.
2. SERVICE OFFER
For the benefit of patients, myon.clinic has set itself the goal of optimally tapping into the potential of digital and mobile means of communication for patient care.
2.1 myon.clinic enables you to access your patients via the "myoncare" platform operated by Oncare in order to be able to offer them medical consultation services, telemedical consultations and other digital health services.
2.2 myon.clinic answers questions in this context, e.g. regarding the use of the myoncare platform and its contents, e.g. to the Care Pathways.
2.3 The services offered by myon.clinic include the following services in particular:
• Provision of indication-specific information within the pathways;
• Query of health-relevant parameters and vital data within the pathways;
• Preparation of reports to compile the collected data;
• monitoring of the state of health;
• Triggering alarms when medically defined thresholds are exceeded or undercut;
The services provided by myon.clinic itself can be found in the license and monitoring agreement, the individual pathways and any additional agreements.
Your patient will not receive any specific medical advice or diagnoses from myon.clinic.
2.4 The myon.clinic does not promise any special results with regard to the health of your patients in connection with the use of the myon.clinic.
2.5 The myon.clinic is not able to treat medical emergencies!
NEVER use the myoncare platform as a substitute for a diagnosis or as the sole basis for medical decisions.
3. WHOEVER HAS THE MUON. CLINIC NUTZEN KANN
3.1 The patients you create as part of the myon.clinic are
• are at least 18 years old or have provided you with the consent of a parent or guardian,
•a re not affected by any of the following contraindications and are therefore able to operate mobile devices (or equivalent).
3.2 Contraindication: Patients of the myon.clinic must be able to use the myoncare platform. Therefore, a patient of the myon.clinic must not be a person who is unable to use mobile devices unsupervised due to mental or physical impairments.
4. CONCLUSION OF CONTRACT AND USE
4.1 The use of the Platform implies that you
• have been created by their unit as users, and
• have completed medical device training on the use of the latest version of the myoncare platform (initial training or follow-up training) and
• You have read and accepted or agreed to the General Terms and Conditions and the Privacy Policy The General Terms and Conditions of Oncare can be found at https:// www.myoncare.com/de/terms-and-conditions/ and the Privacy Policy of Oncare for the myoncare platform can be viewed at the following link: https:// www.myoncare.com/de/privacy-policy/.
4.2 The contract between myon.clinic and you is concluded as soon as the monitoring and license agreement between you or between your unit (e.g. Clinic, GbR, other jur. person) and us, and you as a user have completed the onboarding and have been created.
4.3 The use of the myon.clinic content is only permitted by the entity (as contracting party) and the service providers working for the entity. Use by third parties is excluded.
4.4 The prohibition of use with regard to third parties pursuant to the above para. 4.3 includes conciliar and/or satellite physicians.
4.5 The use of the Platform requires the provision of truthful and complete data by the User.
4.6 Myon.clinic reserves the right to block user accounts if false information is provided or the platform is or has been misused. Furthermore, myon.clinic reserves the right to block if you no longer work for the entity in which you were created as a user.
4.7 The use of myon.clinic is at your own risk and expense. In particular, you are fully responsible for all activities that occur under your account.
5. OBLIGATION TO COOPERATE
5.1 You must provide the information,
• requested by the myoncare platform,
• that you enter during registration,
in a timely, complete and truthful manner.
5.2 You are obliged to keep your user data up to date.
5.3 You are obliged to have the necessary technical requirements. You will regularly find these in the contract documents; you can also get them on request.
5.4 You agree to notify us immediately of any breach of confidentiality of your login credentials or if you have reason to believe that a third party has accessed your account by sending us an email at info@myon.clinic
6. COSTS AND BILLING
6.1 The use of the myon.clinic, in particular through the provision and use of a specific pathway, may result in costs for you.
6.2 You will find out the expected costs before your registration from the offer prepared by myon.clinic or the license and monitoring agreement. The same applies to the reimbursement of the pathways by the health insurance companies. In addition, you have the option of purchasing Pathways via the webshop – the applicable conditions and prices can be found here. The costs can be incurred either once, for example when registering, or at regular intervals.
6.3 For private health insurance policyholders: Some of the services provided at myon.clinic are based on the schedule of fees for doctors and can be covered by private health insurers. In the event of a takeover, a fee will be shared between you or your unit and myon.clinic; the details can be found in the offer or the license and monitoring agreement.
6.4 For insured persons of the statutory health insurance fund: The statutory health insurance funds do not yet provide for the coverage of services provided in the myon.clinic within the standard care. Exceptions to this may be extra-budgetary agreements between health care providers and the statutory health insurance funds. Whether the pathway you are using is part of such an extra-budgetary agreement or an individual health service (IGeL), please refer to the license and monitoring agreement.
7. TERMINATION
7.1 The contract must be terminated in text form, with a digital signature or in writing with a notice period of three months to the end of the month, unless otherwise agreed.
7.2 Deviating agreements regarding the minimum contract term and notice period can be found in the License and Monitoring Agreement. This does not affect the right of special termination.
7.3 The notice periods of Oncare with regard to the provision of the myoncare platform can be found in the terms and conditions of Oncare.
7.4 Special right of termination:
We reserve the right to temporarily exclude or permanently withdraw the right of access to the myon.clinic content and services without prior notice and to terminate the contract with you immediately and to take legal action against you in the event of serious violations of the Terms of Use by you. The same applies accordingly on the part of Oncare, details can be found in the terms and conditions of Oncare. Serious violations include, in particular:
• providing false, inaccurate, outdated or incomplete information during the registration process;
• infringing any proprietary or intellectual property rights (e.g., transmitting, copying, publishing, or selling any information contained in the App);
• attempt to decrypt, remove, disable, damage, circumvent or otherwise compromise the security of the myon.clinic or the myoncare platform;
• interrupting, destroying or restricting the proper functionality of the myon.clinic or the myoncare platform;
• taking any measures that impose an unreasonable or disproportionately large data load on the infrastructure of the myon.clinic or the myoncare platform or their IT systems;
• using the myon.clinic or the myoncare platform in any manner that results or may result in disputes, claims, fines, penalties or any other liability of myon.clinic, Oncare GmbH or any other third party;
•t he creation of several user accounts in the myon.clinic;
• acting unlawfully in any other way.
7.5 Upon termination of your contract with us, you will lose all access to myon.clinic and to the services of third parties that you have booked through myon.clinic. Please note that in such a case, we will not be technically able to recover your data.
8. THIRD-PARTY LINKS AND SERVICES
The myon.clinic offerings may also include certain third-party software and/or services, in particular Oncare's myoncare technology. In this case, the use of such software or services is subject to the terms and conditions of such third parties and you should read them carefully before accepting. This applies in particular to Oncare's terms of use and privacy policy for the myoncare platform.
9. LIABILITY, DISCLAIMER
9.1 Your liability as a service provider
9.1.1 You, as a Service Provider, are fully responsible for all activities under your Account that result from unlawful access or use by any person to whom you have intentionally or negligently provided access.
9.1.2 As a Service Provider, you are liable for the correctness, (medical) accuracy or reliability of any content that you post, distribute or recommend.
9.1.3 You shall be liable for all claims, fees, fines, penalties and other penalties, as well as any legal costs incurred by us, incurred by us or others arising out of or arising out of your breach of these Terms of Use and your use of myon.clinic.
9.2 Liability of myon.clinic
9.2.1 In the event of damages, myon.clinic shall be liable in the event of intent and gross negligence, including those of its vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.
9.2.2 In the event of negligently caused property damage and financial loss, myon clinic and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation). However, this liability is limited in amount to the damages foreseeable at the time of conclusion of the contract and typical of the contract.
Essential contractual obligations (cardinal obligations) are those whose fulfilment is necessary to achieve the objective of the contract and on which the contractual partner regularly relies and may rely.
9.2.3 Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as lost profits is excluded. In the event of negligently caused property damage and financial losses, myon.clinic and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damages foreseeable and typical of the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment characterises the contract and on which the patient may rely.
9.3 Liability under the Product Liability Act
9.4 Liability under the Product Liability Act remains unaffected.
9.5 Disclaimer
9.5.1 myon.clinic is not liable for medical damages or other errors in advice arising from the service relationship between you and your patients.
9.5.2 myon.clinic assumes no liability arising from treatment contracts with physicians who are not employed by myon.clinic.
9.5.3 myon.clinic assumes no liability for the correctness, (medical) accuracy or reliability of content that is posted, passed on or recommended by doctors or other partners and is marked as such. In this regard, we refer to No. 10.1.2 of these Terms.
9.5.4 myon.clinic assumes no liability for the consequences of the use of your account by third parties.
9.5.5 Except in the cases referred to in No. 10.2, any liability of myon.clinic and its vicarious agents and legal representatives is excluded, regardless of the legal grounds. The above limitations of liability apply to all contractual and non-contractual claims.
9.5.6 The Provider accepts no liability for damages caused by improper use of the Platform by the User.
9.5.7 The Platform does not provide emergency care. In the event of a medical emergency, the User must immediately contact the emergency number or the nearest emergency ambulance.
10. AVAILABILITY AND FORCE MAJEURE
10.1.myon.clinic is designed to be available 24 hours a day, 7 days a week, 98.5% of the time. We operate them in accordance with the technical, economic, operational and organisational possibilities available at any given time.
10.2 However, there may be short-term unavailability of the services and content in order to carry out updates or maintenance, but this will be kept to a minimum.
10.3 In addition, we reserve the right, but are not obligated, to regularly monitor and update the settings to comply with current standards. However, we cannot exclude interruptions, disruptions, delays, erroneous transmissions or memory failures in the use of the Offerings (e.g., during the update processes) and do not guarantee, warrant or accept any liability for such interruptions that could limit or prevent availability for any particular period of time.
10.4 We are not responsible for, nor do we provide any warranty, for any limitations, limitations or interruptions caused by your telecommunications provider, by your terminal or by the provider of your terminal's operating system (e.g. limitation of support for the OS version).
10.5 The same applies to any interruptions or restrictions insofar as the myoncare platform is affected by force majeure (e.g. war, forces of nature, strike, etc.). In this case, myon.clinic is released from any contractual obligations as long as the force majeure event is still ongoing. In this case, you can stop using the Platform in whole or in part at any time.
11. MODIFICATION OF THE TERMS AND CONDITIONS, DATA PROTECTION
11.1 Myon.clinic reserves the right to amend these T&Cs at any time. Changes will be brought to the User's attention in an appropriate manner within a reasonable time frame prior to their entry into force, e.g. by revising the Terms of Use at the time of registration or by giving advance notice of material changes.
11.2 We may ask you to review the amended Terms of Use and to explicitly accept or reject them. In such cases, the change will take effect at the time you agree to the amended version. If you do not agree to the amended Terms of Use, we will give you notice of termination.
11.3 We process your personal data as a user exclusively in accordance with the applicable data protection laws and the privacy policy available on our website. Personal data is used only for the purposes of performing a contract and improving the services. You can find our privacy policy for service providers here.
11.4 The information required for the treatment can be provided to you by the patient via the myoncare app / PWA. This can be personal data. In the myoncare app / PWA, your patients have the opportunity to enter their personal data and release it for the provision of medical services in specific Care Pathways. Only then will you as a service provider have access to it. You are the data controller for the processing of your patients' personal data. Please ensure that your patients have consented to the processing of their personal data by you as a service provider.
11.5 In order to ensure the highest quality standards in the pathways and in patient care, myon.clinic may carry out statistical evaluations, provided that you do not object to this processing. If there are corresponding releases from medical confidentiality, myon.clinic may also examine individual treatment cases by means of random samples.
12. FINAL PROVISIONS
12.1 If you would like to contact us with general questions about myon.clinic or specifically about the Terms of Use, please send us an e-mail to info@myon.clinic.
12.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
12.3 The place of jurisdiction is the registered office of the Provider, provided that the User is a merchant, a legal entity under public law or a special fund under public law.
12.4 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
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ANNEX: FUNCTIONALITY OF THE MYONCARE APP/ PWA
The myoncare platform is offered by Oncare. You must conclude a separate contract with Oncare for the use of the myoncare platform. This is independent of your contractual relationship with myon.clinic. Oncare's general terms and conditions can be found at https:// www.myoncare.com/de/terms-and-conditions / and Oncare's privacy policy for the myoncare platform can be viewed at the following link: https://www.myoncare.com/privacy-policy . The use of the myoncare platform is always subject to these Terms of Use. No conflicting or deviating terms apply. Please note that you must accept these Terms of Use before using the myoncare Services for the first time. Completion of the registration process is not possible without agreeing to the Terms of Use.
The myoncare app offers the following services:
-Direct communication with your care providers, e.g. the doctor: You as a patient can interact with your doctor in a technically secure environment to exchange questions, results, care plans (care pathway) and any other information that does not require physical meetings. The doctor can communicate with you via the myoncare app / PWA. In the myoncare app / PWA, you can decide which data you want to share with your service provider and which access and communication rights you want to grant. On the basis of these granted communication and information rights, the providers may provide you with individual information, treatment plans, care plans, etc.;
-Regular reminders to take medication: the healthcare provider can set medication alerts to remind the patient to take the medication they have previously prescribed in full and on time;
-Health check-ups through direct in-app surveys: the provider can request specific health parameters (e.g. measurements of your blood pressure), or ask other tasks and questions to which the patient responds. This allows the service provider to assess the state of health.
The myoncare app / PWA must not be used by patients whose central nervous system is impaired by a disease or corresponding conditions, so that they are unable to use mobile devices unsupervised due to mental or physical impairments. In addition, the myoncare app/PWA should not be used in the event that another illness or a patient's condition leads to mental or physical impairment, leaving the patient unable to use mobile devices unsupervised.
Before a patient can use the myoncare app / PWA, they need a smartphone, an internet connection and the iOS or Android operating system. The app can be downloaded and installed in app stores. The service provider provides the patient with the registration data (QR code, e.g. in an invitation letter or via the myoncare portal). Once the patient has downloaded the myoncare app, they can register for the app by following the registration process started by the app. For further details, please refer to Section VII.
The myoncare PWA includes the following specifications:
A progressive web app (PWA) is a website that looks and has the functionality of a mobile app. PWAs are built to take advantage of the native features of mobile devices without the need for an app store.
The goal of PWAs is to combine the difference between apps and the traditional web by bringing the benefits of native mobile apps into the browser. The PWA is based on the technology of "React Native for Web". "React Native for Web" is an open-source software for progressive web app applications.
To use the myoncare PWA app, patients need a computer or smartphone and an active internet connection. There is no need to download an app.
Some of the myoncare app services cannot be used within the myoncare PWA app, details can be found in the description below. These are the following services or specifications:
-Chat with service providers;
-Video;
-Security PIN codes;
-Activity data tracking (e.g. using AppleHealth, GoogleFit).
The information on the myoncare app described in these terms and conditions also applies to the myoncare PWA, unless otherwise described in this section.
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myon.clinic supports and connects patients with healthcare stakeholders and thus complements analogue care with a digital companion. We are pleased that you as a patient would like to take advantage of the services of myon.clinic. Please read the Terms of Use carefully to ensure that you understand each provision, as you accept these Terms of Use by registering for myon.clinic. If you do not accept the terms of use, you will not be able to use the myon.clinic services.
For information: For reasons of easier readability, a uniform language form is used. However, this does not imply discrimination against one gender, but should be understood as gender-neutral in the sense of linguistic simplification.
The myoncare portal was developed to digitize medical treatment and contribute to improving therapy outcomes. The myoncare portal is a medical device that is classified according to the European regulations for medical devices and provided with a CE mark. Further information on the myoncare applications (app/progressive web application) can be found as an appendix to these Terms and Conditions or on the myoncare website.
1. SCOPE
1.1 myon.clinic GmbH, a company registered with the Munich District Court under the registration number HRB 280310, ("myon.clinic" or "we", "us", "our") is the provider of myon.clinic.
1.2 These General Terms and Conditions of Business and Use govern the relationship between you and myon.clinic.
1.3 The myoncare app / PWA is offered by Oncare. You must conclude a separate contract with Oncare for the use of the myoncare app / PWA. This is independent of your contractual relationship with myon.clinic.
1.4 The use of myon.clinic is an additional offer that does not replace any necessary treatment with a physician in private practice.
2. SERVICE OFFER
For the benefit of patients, myon.clinic has set itself the goal of optimally tapping into the potential of digital and mobile means of communication for patient care.
2.1 myon.clinic enables you to access medical advisory services, telemedical consultations and other digital health services via the "myoncare" platform operated by Oncare.
2.2 myon.clinic answers questions in this context / e.g. regarding the use of the myoncare app / PWA and its contents such as e.g. to the Care Pathways.
2.3 The services offered by myon.clinic include the following services in particular:
• Provision of indication-specific information within the pathways;
• Query of health-relevant parameters and vital data within the pathways;
• Preparation of reports to compile the collected data;
• monitoring of the state of health;
• Triggering alarms when medically defined thresholds are exceeded or undercut;
The services provided by myon.clinic itself can be found in the patient information of the individual pathways as well as in any additional agreements.
You will not receive any specific medical advice or diagnoses from myon.clinic.
2.4 The myon.clinic does not promise any special results with regard to your health in connection with the use of the myon.clinic.
2.5 The myon.clinic is not able to treat medical emergencies!
In the event of an acute deterioration of your condition, you must contact a doctor in private practice. If you think you have a medical emergency, call an emergency phone number immediately.
NEVER USE THE MYONCARE APP FOR MEDICAL EMERGENCIES.
3. WHOEVER HAS THE MUON. CLINIC NUTZEN KANN
3.1 By registering for myon.clinic, you confirm that you
• are at least 18 years old or have received the consent of a parent or guardian,
• are not affected by any of the following contraindications and are therefore able to operate mobile devices (or equivalent).
3.2 Contraindication: Patients of the myon.clinic must be able to use the myoncare app / PWA. Therefore, a patient of the myon.clinic must not be a person who is unable to use mobile devices unsupervised due to mental or physical impairments.
4. CONCLUSION OF CONTRACT AND USE
4.1 The contract between myon.clinic and you is concluded as soon as the user registers, accepts the T&Cs and concludes the booking of a service.
4.2 The use of the Platform requires that the User
• is at least 18 years old or has received consent from their legal guardian to use it
• not one of the contraindications pursuant to No. 3.2 is a data subject. and
• meets the necessary technical requirements.
4.3 The use of the Platform requires the provision of truthful and complete data by the User.
4.4 You agree to use the Services solely for personal and non-commercial purposes.
4.5 The Provider reserves the right to block user accounts if false information is provided or the platform is misused.
4.6 Once you have completed the registration process, this constitutes a binding offer to myon.clinic to consent to your use of the myon.clinic content. Please note that we are under no obligation to approve your registration and accept your contract offer. We can accept your offer by approving your registration data and activating your initial access to myon.clinic.
4.7 If you use a pathway, you are subject to digital health monitoring – hereinafter referred to as "digital patient monitoring" – by your service provider and, if applicable, consulted consultants.
In this context, digital patient monitoring refers to the digital support of myon.clinic and its partners by querying health-relevant data and reading activity and vital data from connected wearables using the myoncare portal.
5. OBLIGATION TO COOPERATE
5.1 You must provide the information,
• requested by the doctor in the myoncare app / PWA,
• That you enter when registering,
in a timely, complete and truthful manner.
5.2 You are obliged to keep your user data up to date.
5.3 In order to be able to use the myon.clinic services, you need the myoncare app/PWA; you can download the app from the Apple or Google Store.
a. Oncare's general terms and conditions can be found at https:// www.myoncare.com/de/terms- and-conditions/ and Oncare's privacy policy for the myoncare app / PWA can be viewed at the following link: https:// www.myoncare.com/de/privacy-policy/. Please note that you must accept these Terms of Use before using the myoncare Services for the first time. Completion of the registration process is not possible without agreeing to the Terms of Use.
b. Your smartphone can use iOS or Android as the operating system so that you can use the myoncare app and the myon.clinic services offered therein.
c. Mobile app requires iOS 13 (or later) or Android 11.0 (or later). Please make sure that your operating system software is always up to date or at least uses the above version of the operating system.
Mobile PWA also requires end users (i.e., patients) to use Windows 10 (or later) or macOS 10.11 (or later) when using the PWA on computer desktops in order to function in the intended way. For the best user experience, it is recommended to use either Safari or Chrome as your web browser.
5.4 Make sure that your smartphone is connected to the Internet when using the myoncare app or using the myon.clinic services.
6. HOW TO CHOOSE THE MYON. CLINIC REGISTRIEREN KÖNNEN
Before you can access the services and content of myon.clinic, you must register. To do this, you need a smartphone, an internet connection and the myoncare app / PWA. Then follow the registration process started by the myoncare app / PWA:
(1) Scan QR code (myoncare app): If you have received a personalized registration letter including a QR code, you must allow the myoncare app to access your camera and scan the QR code by viewing the code through the screen window;
(2) Consent to the Oncare and myon.clinic Terms of Use and consent to the processing of your personal data by myon.clinic: Read and review the Terms of Use and Privacy Policy carefully. If you agree with the content of both documents, you give your consent to the Terms of Use and give your consent to the data processing described in the registration process;
(3)C reation of a user account: In the following, you will be asked to create a myon.clinic account on the Oncare platform. For this we need an e-mail address as well as your correct date of birth to verify your age. You will also be asked to set a personalized password;
(4) Allow push notifications: Allow the myoncare app to send you push notifications. Otherwise, you will not be able to use certain functions of myon.clinic (e.g. reminders to take medication);
(5) Allow e-mails: If you use the myoncare PWA, make sure that you receive the e-mails that are sent to you through the platform. If necessary, your e-mail program could classify them as spam e-mails. To remove this classification, please refer to the usage instructions of your e-mail management program or e-mail provider;
(6)D iscover myon.clinic: At the end of the myon.clinic registration process, the myoncare app / PWA shows you a short introduction in which the functionalities and services of myon.clinic are explained;
(7) Login: You are now logged in and can use the myon.clinic content and services.
By registering, you confirm that the information provided during registration is true, accurate, current and complete. You are required to update your personal information in the event of any changes.
7. COSTS AND BILLING
7.1 The use of myon.clinic, in particular the provision and use of a specific pathway, may incur costs for you.
7.2 You will find out the expected costs from the treatment contract before you register, should you use a pathway through your doctor, your healthcare facility or your health insurance company. Otherwise, the prices will apply as stated in the webshop. The costs can be incurred either once, for example when registering, or at regular intervals.
7.3 For private health insurance policyholders: Some of the services provided at myon.clinic are based on the fee schedule for doctors and can be covered by private health insurers. Please contact your private health insurance company for this. You will receive a list of the benefits for submission to your insurance company.
7.4 For insured persons of the statutory health insurance fund: The statutory health insurance funds do not provide for the coverage of services provided in the myon.clinic within the standard care. Exceptions to this may be extra-budgetary agreements between health care providers and the statutory health insurance funds. Whether the pathway you are using is part of such an extra-budgetary agreement or an individual health service (IGeL) can be found in the current version of the patient information.
8. TERMINATION
8.1 You can terminate your contract with us at any time by withdrawing the access rights for myon.clinic and all doctors in the myoncare app / PWA. Any remuneration claims already accrued by myon.clinic or by third parties whose services you have booked via myon.clinic will remain in force despite your termination.
8.2 We may terminate your contract with us at any time with three months' notice.
8.3 The notice periods of Oncare with regard to the provision of the myoncare App / PWA can be found in the terms and conditions of Oncare.
8.4 Special right of termination:
We reserve the right to temporarily exclude or permanently withdraw the right of access to the myon.clinic content and services without prior notice and to terminate the contract with you immediately and to take legal action against you in the event of serious violations of the Terms of Use by you. The same applies accordingly on the part of Oncare, details can be found in the terms and conditions of Oncare. Serious violations include, in particular:
• providing false, inaccurate, outdated or incomplete information during the registration process;
• infringing any proprietary or intellectual property rights (e.g., transmitting, copying, publishing, or selling any information contained in the App);
• attempt to decipher, remove, disable, damage, circumvent or otherwise interfere with the security of the myon.clinic or the myoncare app/PWA;
• interrupting, destroying or restricting the proper functionality of the myon.clinic or the myoncare app/PWA;
•t aking any measures that impose an unreasonable or disproportionately large data load on the infrastructure of myon.clinic or the myoncare app / PWA or their IT systems;
• using the myon.clinic or the myoncare app/PWA in any manner that results or may result in disputes, claims, fines, penalties or any other liability of myon.clinic, Oncare GmbH or any other third party;
• the creation of several user accounts in the myon.clinic;
• acting unlawfully in any other way.
8.5 Upon termination of your contract with us, you will lose all access to myon.clinic and to the services of third parties that you have booked through myon.clinic. Please note that in such a case, we will not be technically able to recover your data.
9. THIRD-PARTY LINKS AND SERVICES
The myon.clinic offerings may also include certain third-party software and/or services, in particular Oncare's myoncare technology. In this case, the use of such software or services is subject to the terms and conditions of such third parties and you should read them carefully before accepting. This applies in particular to Oncare's terms of use and privacy policy for the myoncare app / PWA.
10. LIABILITY, DISCLAIMER
10.1 In the event of damage, myon.clinic shall be liable in the event of intent and gross negligence, including that of its vicarious agents, in accordance with the statutory provisions. The same applies to negligently caused damage resulting from injury to life, limb or health.
10.2 myon.clinic is only liable for foreseeable damages.
10.3 Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as lost profits is excluded. In the event of negligently caused property damage and financial losses, myon.clinic and its vicarious agents shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damages foreseeable and typical of the contract at the time of conclusion of the contract; essential contractual obligations are those whose fulfilment characterises the contract and on which the patient may rely.
10.4 Liability under the Product Liability Act remains unaffected.
10.5 myon.clinic is not liable for medical damages or other errors in advice arising from the service relationship between non-employed physicians and patients.
10.6 myon.clinic does not assume any liability arising from treatment contracts with doctors who are not employed by myon.clinic.
10.7 myon.clinic assumes no liability for the correctness, (medical) accuracy or reliability of content that is posted, passed on or recommended by doctors or other partners and is marked as such. You accept that any reliance on such material is at your own risk.
10.8 In all other respects, any liability of myon.clinic and its vicarious agents and legal representatives is excluded, regardless of the legal grounds. The above limitations of liability apply to all contractual and non-contractual claims.
10.9 The Provider assumes no liability for damages caused by improper use of the Platform by the User.
10.10 The Platform does not provide emergency care. In the event of a medical emergency, the User must immediately contact the emergency number or the nearest emergency ambulance.
11. AVAILABILITY AND FORCE MAJEURE
11.1.The myon.clinic is designed to be available 24 hours a day, 7 days a week, 98.5% of the time. We operate them in accordance with the technical, economic, operational and organisational possibilities available at any given time.
11.2 However, there may be short-term unavailability of the services and content in order to carry out updates or maintenance, but this will be kept to a minimum.
11.3 In addition, we reserve the right, but are not obligated, to regularly monitor and update the settings to comply with current standards. However, we cannot exclude interruptions, disruptions, delays, erroneous transmissions or memory failures in the use of the Offerings (e.g., during the update processes) and do not guarantee, warrant or accept any liability for such interruptions that could limit or prevent availability for any particular period of time.
11.4 We are not responsible for, nor do we warrant any limitations, limitations or interruptions caused by your telecommunications provider, by your terminal or by the provider of your device's operating system (e.g. limitation of support for the OS version).
11.5 The same applies to any interruptions or restrictions insofar as the myoncare app / PWA is affected by force majeure (e.g. war, forces of nature, strike, etc.). In this case, myon.clinic is released from any contractual obligations as long as the force majeure event is still ongoing. In this case, you can stop using the app / PWA in whole or in part at any time.
12. MODIFICATION OF THE TERMS AND CONDITIONS, DATA PROTECTION
12.1 Myon.clinic reserves the right to amend these T&Cs at any time. Changes will be brought to the User's attention in an appropriate manner within a reasonable time frame prior to their entry into force, e.g. by revising the Terms of Use at the time of registration or by giving advance notice of material changes.
12.2 We may ask you to review the amended Terms of Use and to expressly accept or reject them. In such cases, the change will take effect at the time you agree to the amended version. If you do not agree to the amended Terms of Use, we will give you notice of termination.
12.3 We process the User's personal data exclusively in accordance with the applicable data protection laws and the privacy policy available on the Provider's website. Personal data is used only for the purposes of performing a contract and improving the services. You can find our privacy policy here.
12.4 You will provide your doctor with the information required by your doctor for treatment via the myoncare app / PWA. This can be personal data. In the myoncare app / PWA, you have the option of entering your personal data and releasing it for the provision of medical services in specific Care Pathways. Only then will your doctor have access to it. For more information on how your doctor processes your personal data for the purposes of digital patient monitoring, please refer to your doctor's privacy policy.
12.5 In order to ensure the highest quality standards in pathways and patient care, myon.clinic may carry out statistical evaluations, provided that you do not object to this processing. If there are corresponding releases from medical confidentiality, myon.clinic may also examine individual treatment cases by means of random samples.
13. FINAL PROVISIONS
13.1 If you would like to contact us with general questions about myon.clinic or specifically about the Terms of Use, please send us an e-mail to info@myon.clinic.
13.2 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
13.3 The place of jurisdiction is the registered office of the Provider, provided that the User is a merchant, a legal entity under public law or a special fund under public law.
13.4 Should individual provisions of these GTC be invalid, the validity of the remaining provisions shall remain unaffected.
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ANNEX: FUNCTIONALITY OF THE MYONCARE APP/ PWA
The myoncare app / PWA is offered by Oncare. You must conclude a separate contract with Oncare for the use of the myoncare app / PWA. This is independent of your contractual relationship with myon.clinic. Oncare's general terms and conditions can be found at https:// www.myoncare.com/de/terms-and-conditions/ and Oncare's privacy policy for the myoncare app / PWA can be viewed at the following link: https:// www.myoncare.com/de/privacy-policy/. The use of the myoncare App / PWA is always subject to these Terms of Use. No conflicting or deviating terms apply. Please note that you must accept these Terms of Use before using the myoncare Services for the first time. Completion of the registration process is not possible without agreeing to the Terms of Use.
The myoncare app offers the following services:
-Direct communication with your care providers, e.g. the doctor: You as a patient can interact with your doctor in a technically secure environment to exchange questions, results, care plans (care pathway) and any other information that does not require physical meetings. The doctor can communicate with you via the myoncare app / PWA. In the myoncare app / PWA, you can decide which data you want to share with your service provider and which access and communication rights you want to grant. On the basis of these granted communication and information rights, the providers may provide you with individual information, treatment plans, care plans, etc.;
-Regular reminders to take medication: the healthcare provider can set medication alerts to remind the patient to take the medication they have previously prescribed in full and on time;
-Health check-ups through direct in-app surveys: the provider can request specific health parameters (e.g. measurements of your blood pressure), or ask other tasks and questions to which the patient responds. This allows the service provider to assess the state of health.
The myoncare app / PWA must not be used by patients whose central nervous system is impaired by a disease or corresponding conditions, so that they are unable to use mobile devices unsupervised due to mental or physical impairments. In addition, the myoncare app/PWA should not be used in the event that another illness or a patient's condition leads to mental or physical impairment, leaving the patient unable to use mobile devices unsupervised.
Before a patient can use the myoncare app / PWA, they need a smartphone, an internet connection and the iOS or Android operating system. The app can be downloaded and installed in app stores. The service provider provides the patient with the registration data (QR code, e.g. in an invitation letter or via the myoncare portal). Once the patient has downloaded the myoncare app, they can register for the app by following the registration process started by the app. For further details, please refer to Section VII.
The myoncare PWA includes the following specifications:
A progressive web app (PWA) is a website that looks and has the functionality of a mobile app. PWAs are built to take advantage of the native features of mobile devices without the need for an app store.
The goal of PWAs is to combine the difference between apps and the traditional web by bringing the benefits of native mobile apps into the browser. The PWA is based on the technology of "React Native for Web". "React Native for Web" is an open-source software for progressive web app applications.
To use the myoncare PWA app, patients need a computer or smartphone and an active internet connection. There is no need to download an app.
Some of the myoncare app services cannot be used within the myoncare PWA app, details can be found in the description below. These are the following services or specifications:
-Chat with service providers;
-Video;
-Security PIN codes;
-Activity data tracking (e.g. using AppleHealth, GoogleFit).
The information on the myoncare app described in these terms and conditions also applies to the myoncare PWA, unless otherwise described in this section.
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