§ 1 General
(1) The use of CASPAR includes the use of our web portal (www.caspar-health.com) (hereinafter referred to as "Web Portal") and the associated iOS and Android application software (hereinafter referred to as "App"). Use by a patient (hereinafter referred to as "Patient" or "Participant") is governed by these General Terms and Conditions (hereinafter referred to as "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 according to § 27a Sales Tax Act: DE306077943
(3) The offer of CASPAR addresses itself exclusively to patients with domicile within the Federal Republic of Germany and takes place exclusively after a treatment recommendation and registration of the patient by the respective caring medical facility. The offer is not publicly accessible to consumers.
§ 2 Description of services, tele-therapeutic aftercare
(1) The Provider provides a CASPAR user account for registered patients. The setting up of a user account is carried out by the supervising medical institution according to the specifications of § 3 of these General Terms and Conditions.
(2) Via CASPAR, therapies can be supervised, carried out and continued online. CASPAR enables the participants to continue to train their once learned exercises according to the instructions of a therapist, independent of their availability in terms of time and place, and thus to perpetuate them. In addition, CASPAR is used for communication between patients and therapists and for documentation by therapists.
(3) The Provider does not offer any independent medical services. Therapy-related statements by physicians and therapists via CASPAR are their responsibility. 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 physicians practicing in Germany (MBO-Ä), isb. § 7 MBO-Ä. Any clarifications within the scope of Section 7 (4) MBO-Ä will be provided by the medical institution if the provision applies. Nevertheless, we point out that the use of the services of CASPAR in certain cases can not replace a traditional visit to a doctor or therapist. For a final and comprehensive therapy or treatment, the visit of a doctor or therapist on site or in urgent cases of 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 provision of services are binding.
(4) In 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 provide exercise feedback, adjust the exercise plans if necessary, monitor the therapy goal and motivate the participant to perform the exercises. The participant's progress is monitored on an interdisciplinary and multicenter basis through the transmission of findings, medical history, and screening information, as well as through regular exchanges between the medical facility and the provider.
(5) After completion of the tele-therapeutic follow-up, a final report is provided by the provider for the primary care physician if required and in accordance with the participant's available declaration of consent.
§3 Registration, access data and activation
(1) In order to be able to use CASPAR as a patient, after creation of a user account by the medical institution, the establishment of this individual user account by the patient is required. The obligation to create the user account by 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 physicians and therapists employed by them who cooperate with the Provider and have their own clinic or therapist user account can create a user account for the Patient.
(2) The medical facility, if applicable through the physicians and therapists employed there, has created its own user account within the framework of the medical treatment concept for the respective patient in CASPAR, which basically contains the following information:
- First name
- Last name
- Date of birth
- E-mail address
- Mobile phone number
In addition, further patient master data, diagnoses, the (preliminary) doctor's letter and therapy reports may be processed in CASPAR as part of the therapy and for treatment documentation; these contain, in particular, information about the patient's health (health data).
(3) To activate or enable the patient's user account, it is necessary that the patient agrees to the required release from confidentiality, the data protection consent and these General Terms and Conditions. Without this consent of the patient, CASPAR cannot be used within the framework of the medical treatment concept.
(4) With the activation or activation of the user account of the patient, a user agreement is concluded in accordance with these General Terms and Conditions. This only includes the conditions for the use of the user 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 required. 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 the medical facility for the use of CASPAR in the context of tele-therapeutic aftercare.
(5) Access to CASPAR is permitted only to the patient and persons authorized 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 to be shared with third parties. If these data become known to unauthorized persons, the patient must immediately change his password and inform the provider. If the patient leaves his access data to unauthorized third parties, the Prodiver reserves the right to block the user account.
§ 4 Updating of contact details
Patients are obliged 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 may contact Customer Service at the following contact details: firstname.lastname@example.org
§ 5 Rights of use
(1) The patient is entitled exclusively to the rights of use of CASPAR granted under these General Terms and Conditions.
(2) Any behavior of a patient that does not serve the purpose of his treatment by means of CASPAR or violates these General Terms and Conditions or applicable law, in particular the German Criminal Code (StGB), constitutes inappropriate behavior. These include, in particular, insulting therapists in accordance with §§ 185 et seq. of the German Criminal Code (StGB) and disseminating pornographic content in accordance with § 184 of the StGB, which the patient does to the therapist using the available means of communication via chat, telephone or by transmitting video and photo files. In these cases, GOREHA reserves the right to block the user account, terminate the treatment via CASPAR and take legal action.
(3) The content, information, images, videos, databases published through CASPAR are copyrighted and intellectual property of CASPAR or licensed by CASPAR. Any distribution or reproduction of the content 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 data protection requirements. It collects, processes and uses personal data exclusively in accordance with the legal requirements of the General Data Protection Regulation (DS-GVO), the Federal Data Protection Act (BDSG) and the Telemedia Act (TMG) or the regulations replacing them.
(2) No personal content data will be collected, processed or used without the prior consent of patients. The data collected with consent will be processed or used only to the extent necessary for the use of CASPAR. Personal data will not be transmitted to third parties except to the supervising medical institution and the physicians and therapists employed there. Data transmissions are protected against access by third parties by means of encryption in accordance with the recognized state of the art. All physicians and therapists are subject to professional confidentiality. The Provider has obligated its employees to maintain data confidentiality within the meaning of 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 his personal data, the patient has the rights to information, correction, objection, blocking and deletion guaranteed by the DS-GVO and the Federal Data Protection Act. The Patient may exercise these rights at any time by sending a letter to Goreha GmbH, Neue Schönhauserstraße 20, 10178 Berlin, Germany, or by sending an e-mail to email@example.com to 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 service offer is generally available for an unlimited period of time within the scope of the duration of the aftercare. This does not include times when data backup work is being carried out and system maintenance or program maintenance work is being performed on the system or database. Support can be reached at firstname.lastname@example.org 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 and termination
1) The CASPAR user contract, with the exception of the tele-therapeutic aftercare, runs for the duration of the implementation 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 extraordinarily without notice by CASPAR, if it is determined by physicians and therapists of CASPAR that the patient is not suitable for a continuation of a tele-therapeutic aftercare with Caspar for health or medical reasons. This is particularly the case if the patient regularly returns a very high pain intensity as feedback.
(3) The contract of use can be terminated extraordinarily without notice by CASPAR in the case of inappropriate behavior of the patient according to § 5 paragraph 2 of these terms and conditions or in the case of passing on or transfer of access data to unauthorized third parties according to § 3 paragraph 5 of these terms and conditions.
(4) The term of a tele-therapeutic aftercare in the sense of § 2 paragraph 4 corresponds to the therapy plan and ends with its expiration without the need for a cancellation. If the participant is not active on CASPAR for 21 days, the participant 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 will end without the need for termination.
(5) The termination must be in text form. The Patient may send it by e-mail to email@example.com or by letter to GOREHA GmbH, Neue Schönhauser Straße 20, 10178 Berlin. When the termination takes effect, access to CASPAR will be blocked.
(6) The Provider reserves the right, in the event of suspicion of any other misuse or material breach of contract, to investigate these events, 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.