§ 1 General
(1) The use of CASPAR includes the use of our web portal (www.caspar-health.com) and the associated iOS and Android application software (hereinafter "App"). Use by a patient (hereinafter referred to as "Patient" or "Participant") is governed by these General Terms and Conditions (GTC).
(2) The provider of CASPAR is GOREHA GmbH (hereinafter referred to as "Provider"), represented by the managing directors
Maximilian Michels and Maximilian von Waldenfels,
Neue Schönhauser Straße 20, 10178 Berlin, Germany
Sales tax identification number pursuant to § 27a of the German Sales Tax Act: DE306077943
(3) The offer of CASPAR is directed exclusively to users within the Federal Republic of Germany.
§ 2 Description of services, tele-therapeutic aftercare
(1) The Provider shall provide an account for CASPAR for registered patients (hereinafter "Patient" or "Participant"). The account is set up by the supervising medical institution (hereinafter "medical institution") in accordance with the provisions of § 3.
(2) Via CASPAR, therapies can be supervised, carried out and continued online. CASPAR enables participants to continue to train their exercises once they have learned them according to the instructions of a therapist, irrespective of their availability in terms of time and place, and thus to perpetuate them. In addition, CASPAR serves the communication between patients and therapists and the documentation by the therapists.
(3) The Provider does not offer any independent medical services. Therapy-related statements by doctors and therapists via CASPAR are their responsibility. The online tele-platform CASPAR enables the implementation of tele-therapeutic aftercare and is also suitable or intended for exclusive remote treatment under the conditions of the model professional code for doctors working in Germany (MBO-Ä), isb. § 7 MBO-Ä. Nevertheless, we would like to point out that in some cases the use of CASPAR services cannot replace a traditional visit to a doctor or therapist. For a final and comprehensive therapy or treatment, a visit to a local doctor or therapist or, in urgent cases, an emergency room may be essential. Special professional regulations and restrictions apply to medical care via the Internet. The range of services is therefore limited to the current legal possibilities. Special instructions in the description of services and the provision of services are binding.
(4) In the case of tele-therapeutic follow-up CASPAR accompanies each participant individually through the therapies created by the therapist. The supervising therapists, who can be provided by the provider at the request of the medical facility, accompany the participant during the tele-therapeutic follow-up, answer questions and give exercise feedback, adjust the exercise plans if necessary, monitor the therapy goal and motivate the participant to perform the exercises. The participant's development is monitored in an interdisciplinary and multicentre manner through the transmission of findings, medical history and screening as well as through regular exchange between the medical facility and the provider.
(5) After completion of the tele-therapeutic follow-up, a final report is made available by the provider for the general practitioner if required and in accordance with the participant's declaration of consent.
§3 Registration, access data and activation
(1) In order to use CASPAR as a patient, it is necessary to set up an individual account (patient account). The obligation to register patients does not apply if the use of Caspar for the patient is only exercised via a QR code (one-time registration code). Only medical institutions or doctors and therapists employed by them who cooperate with the Provider and have their own account can create a patient account for the patient.
(2) The medical facility, if applicable through the doctors and therapists employed there, has created an account within the framework of the medical treatment concept for the respective patient in CASPAR, which contains the following information:
- First name
- Date of birth
- E-mail address
- Mobile phone number
Furthermore, other patient master data, diagnoses, the doctor's letter and therapy reports can be processed within the framework of the therapy and for treatment documentation in CASPAR; these contain, in particular, information about the patient's health (health data).
(3) To activate the patient account, it is necessary that the patient agrees to the required release from confidentiality and data protection consent. Without this consent of the patient, CASPAR cannot be used within the framework of the medical treatment concept.
(4) With the activation of the user-specific account, a user agreement is concluded in accordance with these General Terms and Conditions. This only includes the use of the account. In order to establish communication between patients and therapists via CASPAR and to be able to make use of the individual services, further separate agreements are necessary. For this purpose, the respective medical facility must have concluded a separate user agreement for medical facilities with the provider. Patients must have concluded a separate user agreement with a medical facility for the use of CASPAR.
(5) Access to CASPAR is permitted exclusively to the patient and persons authorised by the patient. The patient is responsible for all uses of the portal with his access data and is liable according to the general laws. User name and password are to be kept secret and not shared with third parties. Should these data become known to unauthorised persons, the patient shall immediately change his/her password and inform the provider.
§ 4 Updating of contact details
Patients are required to update their contact details in their profile if they change during the contract period. In case of technical questions or other related communications, patients can contact the Customer Service at the following contact details: email@example.com
§ 5 Rights of use
The patient is exclusively entitled to the rights to the internet offer granted under these General Terms and Conditions. The content, information, images, videos, databases published via CASPAR are protected by copyright and are usually intellectual property or licensed by CASPAR. The contents of the online application may only be used or reproduced for personal and not for commercial purposes. Passing on the contents is prohibited without the express consent of the provider.
§ 6 Patient data
(1) The Provider undertakes to protect the privacy of patients and ensures compliance with the requirements of data protection law. It collects, processes and uses personal data exclusively in accordance with the legal requirements of the General Data Protection Regulation (GDPR), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) or the regulations replacing them.
(2) No personal content data shall be collected, processed or used without the prior consent of the patients. The data collected with consent will only be processed or used insofar as this is necessary for the use of CASPAR. Personal data will not be transmitted to third parties except to the supervising medical institution and the doctors and therapists employed there. Data transmissions are protected against access by third parties by means of encryption in accordance with the state of the art. All doctors and therapists are subject to professional confidentiality. The Provider has obliged its employees to maintain the confidentiality of the data in accordance with the DS-GVO and has informed them of their obligation to maintain private secrets (duty of confidentiality) in accordance with Section 203 of the German Criminal Code (StGB).
(3) With regard to their personal data, patients have the rights to information, correction, objection, blocking and deletion guaranteed by the General Data Protection Regulation (DS-GVO) and the Federal Data Protection Act. The patient can exercise these rights by post at Goreha GmbH, Neue Schönhauserstraße 20, 10178 Berlin or by e-mail at firstname.lastname@example.org towards the provider. For the rest, reference is made to the data protection declaration available under the "Data Protection" button on the website mentioned under § 1 para. 1, https://caspar-health.com/de-de/datenschutz.
§ 7 Availability
The range of services is generally available for an unlimited period of time within the scope of the duration of the aftercare. Excluded from this are the times when data backup work is carried out and system maintenance or programme maintenance work is carried out on the system or the database. Support can be reached at email@example.com during normal business hours.
§ 8 Liability
(1) The Provider shall always endeavour to ensure that the Portal and the App are available without interruptions and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. Access to the Portal account may also be occasionally interrupted or restricted, for example to allow for repairs, maintenance or the introduction of new facilities or services. Provider will attempt to limit the frequency and duration of any such temporary interruption or restriction.
(2) The Provider shall have unlimited liability insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by the Provider or a legal representative or vicarious agent of the Provider.
(3) Furthermore, the Provider is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the Customer regularly relies. In this case, however, the Provider shall only be liable for the foreseeable, contract-typical damage. The Provider is not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.
(4) The above limitations of liability do not apply to damages resulting from injury to life, body and health.
(5) Liability for damages arising from the separate contractual relationship between a medical facility and patients is excluded.
(6) Insofar as the Provider's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
(7) In the case of tele-therapeutic follow-up treatment in accordance with § 2 paragraph 4, the participant must ensure on his/her own responsibility for each exercise measure that he/she is physically and mentally able to carry out the exercises without danger and that the environment guarantees the patient a safe exercise performance at all times. The patient must adhere to the previously learned exercise procedures and instructions of the therapist during the exercise and always performs the exercise at his or her own risk.
§ 9 Term/termination/blocking of access
(1) The contract for the use of CASPAR's internet services, with the exception of tele-therapeutic aftercare, runs for the duration of the tele-therapeutic aftercare. It can be terminated in advance at any time by either party without giving reasons. The notice period is two weeks to the end of the month. An active therapy plan is terminated on the termination date.
(2) The contract of use can be terminated by CASPAR without a period of notice if it is determined by doctors and therapists of CASPAR that the patient is not suitable for a continuation of tele-therapeutic aftercare with Caspar for health or medical reasons.
(3) The duration of a tele-therapeutic follow-up as defined in § 2 paragraph 4 corresponds to the therapy plan and ends with its expiry without the need for termination. If the participant is not active on CASPAR for 21 days, he/she is considered a "dropout" and the tele-therapeutic aftercare will not be continued. In this case, the tele-therapeutic aftercare and all related services by CASPAR shall end without the need for termination.
(4) The termination must be in text form. The patient can send it by e-mail to firstname.lastname@example.org or by letter to GOREHA GmbH, Neue Schönhauser Straße 20, 10178 Berlin. When the termination takes effect, access to CASPAR will be blocked.
(5) The Provider reserves the right, in the event of suspicion of improper use or significant breach of contract, to investigate these processes, to take appropriate precautions and, in the event of justified suspicion, to block the user's access. If the suspicion can be dispelled, the blocking will be lifted again, otherwise the Provider has an extraordinary right of termination without notice.
§ 10 Prices
In relation to the Provider, the use of an account is free of charge for patients. Payment obligations from contracts with medical institutions remain unaffected.
§ 11 Final provisions
Should individual provisions of these General Terms and Conditions including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory provisions.