§ 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"). The 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, Benjamin Pochhammer and Maximilian von Waldenfels,
Neue Schönhauser Straße 20, 10178 Berlin
Umsatzsteuer-Identifikationsnummer according to § 27a Value Added Tax Act: 046/109/06538
(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 establishment of an account is carried out by the supervising medical institution (hereinafter "medical institution") according to the specifications of § 3.
(2) Via CASPAR, therapies can be supervised, carried out and continued online. CASPAR enables 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. It is also used for communication between patients and therapists and for documentation by the therapists.
(3) The provider offers no independent medical services. Therapy-related statements by doctors and therapists via CASPAR are the responsibility of these. The online tele-platform CASPAR serves only to complement a therapy and, if necessary, enables the implementation of a tele-therapeutic follow-up, but is not suitable or intended for exclusive remote treatment. Use of CASPAR services cannot replace a traditional visit with a physician or therapist. For conclusive and comprehensive therapy or treatment, a visit to a local physician or therapist, or in urgent cases, an emergency room, is 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 notes in the description of services and provision of services are binding.
(4) In the case of tele-therapeutic follow-up, CASPAR will accompany 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 development 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 will be made available by the Provider for the primary care physician, if required, and if the Participant has given 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 of registration of patients does not apply if the use of Caspar for the patient is exercised only via a QR code (unique registration code). Only medical institutions or physicians 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, possibly through the physicians and therapists employed there, has created an account as part of the medical treatment plan for the respective patient in CASPAR, which may contain the following information:
- First name
- Last name
- Date of birth
- E-mail address
- Mobile number
The patient account can also be created anonymously, personal data is not required for the use of Caspar.
Furthermore, other patient master data, diagnoses and therapy reports can 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 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 can not be used within the medical treatment concept.
(4) With the activation of the user-specific account, a usage agreement is concluded in accordance with these General Terms and Conditions. This includes only the use of the account. In order to establish communication between patients and therapists via CASPAR and to be able to use 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 usage agreement with a medical facility for the use of CASPAR.
(5) Access to CASPAR is permitted exclusively to the patient and persons authorized by him. 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. If these data become known to unauthorized persons, the patient must immediately change his password and inform the provider.
§ 4 Updating of contact details
Patients can 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 Customer Service at the following contact details: firstname.lastname@example.org
§ 5 Rights of use
The patient is entitled exclusively to the rights granted under these terms and conditions to the Internet offer. The content, information, images, videos, databases published via CASPAR are fundamentally protected by copyright and are usually intellectual property or licensed by CASPAR. The contents on the online application may be used or copied only for personal and not for commercial purposes. A passing on of the contents is forbidden without express agreement by 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 (DS-GVO), 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 shall only be processed or used insofar as this is necessary for the use of CASPAR. The personal data will not be transmitted to third parties except to the supervising medical institution and the doctors and therapists employed there. The personal data is stored and processed exclusively on servers in Germany. Data transmissions are protected against access by third parties by means of encryption in accordance with the recognised state of the art. All doctors and therapists are subject to professional confidentiality.
(3) The Contractor's employees are obliged to maintain confidentiality in accordance with Article 28(3)(b), Article 29 of the General Data Protection Regulation (DSGVO) and to maintain secrecy in accordance with Section 203(4) of the German Criminal Code (StGB). These confidentiality obligations shall continue to apply after termination of the employment relationship. Personal data may only be processed or used within the scope of the powers of the BDSG, the DSGVO and the special laws relevant to the activity.
(4) The Patient has the rights to information, correction and deletion guaranteed by the General Data Protection Regulation (DS-GVO) and the Federal Data Protection Act with regard to personal data. The patient can exercise these rights by post or email towards the provider. For the rest, reference is made to the data protection declaration available under the button "Data protection" on the website mentioned under § 1 para. 1.
§ 7 Availability
The range of services is generally available for an unlimited period of time. This does not apply to times when data backups are being made and system maintenance or program maintenance work is being carried out on the system or database.
§ 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. The Provider will attempt to limit the frequency and duration of any such temporary interruption or restriction.
(2) The Provider is liable without limitation if 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 is liable only 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 liability of the Provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
(7) In the case of tele-therapeutic aftercare according to § 2 paragraph 4, the participant has to make sure for each exercise measure that he is physically and mentally able to perform the exercises without danger and that the environment guarantees the patient a safe exercise performance at any time. The patient has to follow the instructions of the therapist - if available - during the exercise performance and basically performs the exercise at his own risk.
§ 9 Term/termination/blocking of access
(1) The user contract about the Internet offers of CASPAR with exception of the tele-therapeutic aftercare runs for an indefinite time. It can be terminated at any time by both sides without giving reasons. The period of notice is two weeks to the end of the month. An active therapy plan is terminated on the termination date.
(2) The duration of a tele-therapeutic aftercare within the meaning of § 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 is considered a "dropout" and the tele-therapeutic aftercare will not be continued. In this case, the teletherapeutic aftercare and all related services provided by CASPAR will end without the need for termination.
(3) Notice of termination must be given in text form. The patient can send it by email to email@example.com or by letter to GOREHA GmbH, Neue Schönhauser Straße 20, 10178 Berlin. With the effectiveness of the termination, access to CASPAR is blocked.
(4) The Provider reserves the right, in the event of suspicion of misuse 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 is entitled to 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.