II. Conclusion of contract
- Prior to entering into the contract relating to paid services, PREVENTICUS shall inform the User about the contents of the respective services, the applicable pricing and the terms and conditions of payment. The user shall select a means of payment, for example, by entering their payment data on the payment site, by transmitting their payment data to PREVENTICUS or to the e-payment provider commissioned by PREVENTICUS.
III. Subject of the contract
- Within the scope of preclinical risk screening functionalities, PREVENTICUS offers its users services that gather and provision their health data by applying PREVENTICUS algorithms to the evaluation of said data. The User provides the details by manual entry and deployment of a mobile terminal device (smartphone, iPod). PREVENTICUS applies analytical algorithms to the details and measured values provided by the User to generate individualized, user-related findings; said findings are provided by PREVENTICUS to the User in the form of a findings report.
- Medical diagnostics, telemedicine or physician-contracted services are not the subject of the contractual relationship between PREVENTICUS and the User.
- which the User has provided either by manual entry or otherwise after the personal deployment of measuring devices, in particular, their baseline data,
- their personal findings obtained by PREVENTICUS
V. Full-service package – free and paid services rendered by Preventicus
- "Basic Use” service package - free services
A short-term measurement, including the generation of a brief analysis based on the entered and measured data, is free of charge. The “Basic Use” package offers no detailed analysis, no options for storing the findings and no functionalities that communicate with third parties via the App.
- "Premium Use” full-service package – paid services
- The “Premium Use” package is subject to payment.
- The scope of the “Premium Use” package includes the "Basic Use” package by the User plus: (i) a 5-minute measurement including a detailed analysis; (ii) the option to generate, store and transmit a comprehensive analysis report.
- Premium Contracts are available as one-off purchases (non-renewing subscription) purchases. Billing type, prices and term are defined in each offer and are summarized prior to the end of the order process. The contract for ordering Premium products becomes binding by pressing the “Purchase” button.
- The paid “Premium Use” package shall expire upon termination of the contract. Upon expiration of the “Premium Use” contract, free “Basic Use” shall continue in force with the aforementioned limited analysis and interactive options.
VI. Scope of services to be rendered by Preventicus
- PREVENTICUS is not obligated to examine or verify the accuracy, completeness or up-to-dateness of the data reported by users. For the performance of its services, PREVENTICUS may impute that the data provided by the User are correct, complete and up-to-date. If the data provided by the User are not correct, complete or up-to-date, the User must automatically accept the fact that the findings obtained by PREVENTICUS may not be applicable. The analyses, therefore, must always be deemed of limited conclusiveness and make no claim to completeness or accuracy. PREVENTICUS therefore assumes no warranty or guarantee for the accuracy and/or completeness of the results and other details, and in particular, not in a medical or clinical sense.
- The findings obtained by PREVENTICUS are exclusively intended for information purposes. Every analysis is abstract and therefore always constitutes non-binding information, containing neither details on the actual health condition of the User nor advice nor recommendations relating to the treatment of diseases or frailties. Such information, advice or recommendations can only be provided by a physician or other medically or therapeutically trained personnel. PREVENTICUS is not capable of administering any medical or other specialized care- or health-related examinations and is not obligated to perform said services. The respective analysis is no substitute for the medical history, examination, diagnosis or therapeutic recommendations rendered by a physician. The findings obtained do not represent a diagnosis and therefore under no circumstances do they replace or supplement personal consultation, care or treatment by medical or other medically trained specialized personnel, who render the diagnosis, recommend treatment strategies or administer medication. The analyses merely deliver non-binding indicators of potential risks. No analysis is a substitute for a doctor's examination. PREVENTICUS is not obligated to render a conclusive health risk assessment and/or therapeutic decisions. A risk may indeed exist even though a finding does not indicate any risk. PREVENTICUS shall not assume any health care for the User. PREVENTICUS therefore expressly requests all Users to always obtain medical and/or a physician's advice without delay in the case of disease symptoms or health problems. PREVENTICUS hereby expressly advises against initiating, changing or ending any therapeutic interventions until consultation with a physician.
- PREVENTICUS shall apply the utmost care and rely on the identifiably most current medical trends to verify details when rendering its services. PREVENTICUS provides no warranty as to the accuracy, completeness, up-to-dateness or usefulness of these data.
- Whether and how the User utilizes the analyses is at his own risk. PREVENTICUS and its executive bodies, executives, employees, vicarious agents, partners, affiliates and licensors assume no responsibility whatsoever for decisions made by you based on the website and/or the Information, such as decisions as to whether or not to consult caregivers or accept treatment by medical or healthcare professionals. You hereby waive all and any claims you have or may have in the future against PREVENTICUS and its executive bodies, executives, employees, vicarious agents, partners, affiliates and licensors and herewith declare to hold the aforementioned harmless from any claims, litigation, costs or for any direct or indirect damages arising in connection with the use of the Information. This also applies to lost earnings.
- No agency or commissioned relationship exists between PREVENTICUS and the User.
- PREVENTICUS makes no representations or gives any guarantees whatsoever that the App's operation is reliable, interruption- and error-free. PREVENTICUS assumes no obligation with regard to the functional suitability or functionality of the smartphone or other hardware employed by the User.
The User hereby agrees to have payment transactions for the paid services rendered by PREVENTICUS carried out by a service provider commissioned by PREVENTICUS (e.g. e-payment provider or credit card company). The User may use any conventional and reasonable payment modality that is free-of-charge.
VIII. Restrictions on use, bans on access
- The following types of use and access are prohibited:
- The use of the App for purposes that are illegal, particularly for purposes that are in contravention of the law or of this contract or promotion of such unlawful or contraventional purposes. The above shall also apply to any attempts to do so
- Access to, manipulation of or use of non-public domains of the App, of computer systems of PREVENTICUS or of the technical transfer systems of our providers
- Probing, scanning or testing the vulnerability of the App or breaching or circumventing security and authentication measures
- All automatic or manual attempts to access the App or its information and data or to search the App using any other than the currently available public interfaces of PREVENTICUS
- Any disruption or interruption of the access to the App through other users as well as corresponding attempts
- The use, gathering, spying or forwarding of third-party data or information without their express permission, proof of which must be provided to PREVENTICUS under all circumstances
- Every modification, linking, deep-linkage, storage, reproduction, duplication, copy, sale or trade with the contents or graphic design of the App or the information contained thereon.
- Furthermore, the User is prohibited from,
- downloading, publishing, transmitting or distributing racist, insulting, discriminatory, defamatory, sexually explicit, violence-glorifying or any other illegal contents
- carrying out disruptive interventions with technical or electronic assistive devices in the PREVENTICUS system or undertaking such attempts, particularly using hacking, brute force attacks, viruses, worms or Trojans
- reading, copying, distributing or transmitting accessible data without the express permission of the respective titleholder or downloading said data with automated programs (crawlers, bots)
- sending chain letters or messages, in particular, bulk e-mails or spam, to several persons at the same time.
- In the event of a breach of any obligation hereunder or of corresponding attempts, PREVENTICUS is entitled to withhold or remove information or any other data as well as to terminate paid services at any time with good cause.
IX. Modifications to the app, contents
- PREVENTICUS reserves the right to change the contents, the graphic design or the structure of the App. For that purpose or for other reasons, PREVENTICUS furthermore reserves the right to temporarily suspend complete or partial access to the App, its operation or its functions at any time.
- PREVENTICUS is responsible for proprietary content on the PREVENTICUS website as well as the App in accordance with general laws. PREVENTICUS is not obligated to monitor transmitted, linked or stored external information or to search for circumstances that point to any illegal activity. Any obligations for the removal or blocking of the use of information pursuant to general laws shall remain unaffected thereby. Any liability in this respect, however, shall only apply after the time a concrete violation of the law became known. If PREVENTICUS become aware of content-related legal infringements, PREVENTICUS shall remove such content without delay.
X. Rights to the website, the app, brands and names
- All rights to the website and the App, specifically copyrights, brands, patents and all other intellectual property rights as well as all rights to the name "PREVENTICUS” or easily confusable derivatives, to labels, domains and all information (with the exception of the individual details entered by the User) are and shall always remain exclusively with PREVENTICUS and/or its licensors.
- Any reproduction, processing, distribution or type of utilization of any content or parts of the website as well as use of the App are subject to the written permission of PREVENTICUS. Downloads and copies of the website or the App for commercial use are not permitted.
- To the extent that PREVENTICUS has not generated the content on the PREVENTICUS website or the App, PREVENTICUS shall observe the copyrights of third parties. Third-party content is labeled as such. If, in spite of the aforementioned, users should become aware of any copyright violations, we request that they please notify PREVENTICUS of the fact. Should PREVENTICUS become aware of such violations of the law, we shall immediately remove the affected contents.
XI. Liability and responsibility of Preventicus
- PREVENTICUS shall bear unlimited liability for willful intent or gross negligence. In the event of minor negligence, PREVENTICUS's liability shall only be limited to damages typical to this type of contract that could reasonably have been foreseen insofar as PREVENTICUS has breached a duty that is of essential importance for achieving the purpose of the agreement. Irrespective of the reason for the claim, PREVENTICUS shall assume no liability beyond this. The aforementioned liability restrictions and exclusions shall not apply to claims arising from damage from injury to life, body or health or for claims under the Product Liability Act. Unless the liability of PREVENTICUS is limited or excluded, the personal liability or any other of its vicarious agents of PREVENTICUS are likewise limited and/or excluded. The aforementioned liability restrictions shall also apply vis-à-vis third parties who fall under the protective purview of the contract.
- PREVENTICUS is neither responsible nor liable for damage to the computer system of the User, the loss of data or other disadvantages arising from access to the website or to the App or their respective use. This also applies to the destruction or any failed storage or transfer of data, information and other messages.
XII. Data protection and security
- PREVENTICUS is committed to its concern for safeguarding Users' data. The User can read more about the topic of data protection in PREVENTICUS's data security policy. The gathering, processing and utilization of the data provided by the User as well as the security and protection of the data and information shall be governed by the statutory regulations as well as by the data security policy of PREVENTICUS.
- At PREVENTICUS, no sale, exchange or other unauthorized use of personal data and information takes place. PREVENTICUS shall not pass on the Users' personal data to third parties unless the Users have given their permission to do so or PREVENTICUS is compelled to turn over data under a statutory obligation. External service providers commissioned by PREVENTICUS who render services relating to the fulfillment of this agreement with the User in the name and under the commission of PREVENTICUS do not count as third parties. External service providers include payment providers, collection agencies and e-mail or newsletter distributors, among others.
XIII. Subject to change without notice
XIV. Final provisions
Data Security Policy governing the Preventicus Heartbeats App
The protection of your personal data is important to us; this particularly applies to the preservation of your fundamental rights to privacy relating to any data processing by the PREVENTICUS Heartbeats app. Through the covenants of this data security policy, PREVENTICUS also aims to ensure that the strict provisions of prevailing laws and regulations governing the confidentiality of the data you provide to us are upheld.
Controller of the filing system:
Within the meaning of the data protection laws, Preventicus GmbH headquartered in Tatzendpromenade 2, 07745 Jena, Germany, is the controller of the data filing system.
The data we gather
The Heartbeats app requires information on your gender and the year of your birth in order to better categorize the measurements.
With Heartbeats, you yourself can generate pulse measurement series with your smartphone and document them with the app.
Based on the information provided, Heartbeats is able to automatically identify and categorize cardiac arrhythmias (extra heartbeats, atrial fibrillation) insofar as sufficiently accurate measurement series are available in the app.
What we do not log is your name nor any other contact data; rather, the storage of your data on our servers takes place fully anonymously and securely.
We additionally collect and store crash reports in an equally anonymous manner (usage data).
What we do with these data
Your measurement series and usage data are stored on our servers in order to continually expand and improve our app and measurement systems. Furthermore, Preventicus may process, use or publish the anonymized data for scientific and statistical purposes. Such anonymized data allow no personal reference whatsoever.
The health-related data collected via the Heartbeats app and stored on our servers are entirely anonymous and cannot be assigned to you personally. None of these this data will be combined with any other data or data sources.
Accordingly, we do not transmit to third parties any personal data connected or connectable to you.
Data processing during full-version use
If you choose to use the full version, the App Store operator will process your payment data for the transaction.
By using this app, you agree to the gathering, transmission, modification and other usage of your data. Irrespective of which country you maintain your place of residence in or from where you access the website, the data of PREVENTICUS may be used in Germany and every other country where PREVENTICUS operates.
We restrict access to the data to those employees and third parties who require access in order to perform the services. To protect your data, we implement suitable physical, electronic and procedural security precautions, such as firewalls, individualized passwords in addition to encryption and authentication technologies; above and beyond this, we undertake all other necessary and appropriate administrative, organizational, technical, personnel-related and physical measures to protect these data against unauthorized or illegal processing and use, accidental loss, destruction or damage, theft or modification and to ensure their integrity.
Please note that data transmitted via an open network like the Internet or by email can be accessible to anyone. We are unable to guarantee and insofar bear no responsibility for the confidentiality of communications and information transmitted via such open networks.
Please note that PREVENTICUS uses encryption software, which may be subject to export controls.
The website may contain links to websites or materials not operated by PREVENTICUS. Such websites are not subject to this data security policy, and PREVENTICUS shall assume no responsibility whatsoever for the content and accuracy of these websites or for the regulations applied thereunto with regards to the processing of personal data and information. Users access such websites at their own risk. We recommend that you read the data security policy governing such websites and verify how your personal data and information are protected there and whether those websites are trustworthy.
The present data security policy is governed completely and entirely by German law. The place of exclusive jurisdiction for all disputes arising out of or in connection with this data security policy shall be the courts of Jena, Germany. You hereby accept this agreement on the exercise of jurisdiction and waive the defense of non-jurisdiction.
Reservation of the right to modify
Preventicus has the right to modify its data security policy at any time, particularly to adapt it to amendments made by new laws and legislation. The currently amended version will be accessible and readable on this site. Any amendments to the data security policy shall become effective on the day of their publication on the website.
Jena, the 16th of November 2016