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As of March 2026
These General Terms and Conditions (“Terms of Use”) govern the use of the myoncare platform and the associated digital services (“myoncare Services”) by medical service providers and other professional users and constitute the binding framework agreement between you and the respective company of the myoncare group responsible for your place of use. For users in the
European Economic Area, ONCARE GmbH, Germany, is the provider and contracting party; for users based in the United States of America, myoncare Inc., USA, is the provider and contracting party. ONCARE GmbH is the manufacturer of the software and may provide services to US users exclusively as a technical service provider or subcontractor of myoncare Inc. By registering, installing, or using the platform, you accept these Terms of Use. In case of interpretation questions or disputes, the German version of the GTC shall be exclusively binding and authoritative.
“Oncare” means ONCARE GmbH, headquartered in Germany, or — insofar as applicable to users in the United States of America — myoncare Inc., USA, in each case as provider of the myoncare platform in accordance with the applicable supplementary provisions.
“Platform User” or “User” means any natural or legal person, organization, or institution that uses the myoncare platform professionally, organizationally, or in the context of its statutory duties.
“Service Provider” means any platform user who uses the platform to care for, support, manage, analyze, or organize persons, in particular physicians, hospitals, healthcare and nursing institutions, members of healthcare professions as well as — where legally permissible — non-medical organizations or insurers, study organizations, research institutions, case managers, or other service providers; the term “Service Provider” is used in these Terms of Use as a representative term for all professional platform users, regardless of whether a medical activity is carried out.
“Patient” means any natural person whose data is recorded, processed, or displayed via the myoncare app or platform or who is connected to a platform user via the platform; a patient within the meaning of these Terms of Use may also be a user without an existing treatment relationship.
“Registered Patient” means a patient who is registered via the myoncare app and connected with a platform user via the platform.
“App User” means any natural person who uses the myoncare app.
“myoncare App” means the digital application for end users through which patients can access the services offered by Oncare; the term includes both native mobile applications and Progressive Web Apps (PWA), unless expressly stated otherwise. “myoncare PWA” means the Progressive Web App version of the myoncare app that can be used via an internet browser without installation from an app store.
“Interpretation of the term myoncare App” means that the term “myoncare App” in these Terms of Use also includes the myoncare PWA where materially appropriate and unless expressly regulated otherwise. A distinction between myoncare App and myoncare PWA is made only if expressly stated.
“myoncare Platform” or “Careplan Manager” means the web-based software solution for professional use by platform users as an interface between platform users and patients or users.
“myoncare Services” means all services, functionalities, and offerings provided via the myoncare platform and/or the myoncare app.
“myoncare Tools” means the myoncare platform and the myoncare app together.
“Privacy Policy” means the applicable privacy statement describing how personal data are collected, processed, and used and what rights data subjects have.
“Anonymized Data” means data from which personal reference has been irreversibly removed so that identification of natural persons is no longer possible by reasonable means.
“Terms of Use” means these General Terms and Conditions for the use of the myoncare platform.
ONCARE GmbH, a company registered with the Munich Local Court under registration number 219909 and headquartered at Balanstraße 71a, 81541 Munich, Germany (“Oncare” or “we”), operates a digital healthcare platform and a mobile application that enable access to the myoncare Services. myoncare is a technical infrastructure supporting the digital organization, documentation, and communication in healthcare and enables interaction between service providers and patients.
The platform serves the structured collection, processing, and presentation of health-related information but does not replace medical treatment or decision-making.
You can interact with your patients/users via the platform and support them during treatment.
While service providers use the platform, patients access it via the app or PWA.
The purpose of the platform is the structured consolidation of health-related information in a secure digital location.
After successful registration, you will receive access credentials to use the platform.
Provision takes place as a cloud solution or another technical delivery model depending on the agreement.
Your patients must additionally register and connect with you to use the services; the platform may provide appropriate codes or invitation mechanisms for this purpose.
Use of the myoncare platform and myoncare Services is governed exclusively by these Terms of Use.
Conflicting or deviating conditions shall not apply unless Oncare expressly agrees to their validity in writing.
These Terms of Use must be accepted prior to first use; use without consent is not possible.
These Terms of Use apply in addition to individual service descriptions, offers, orders, price sheets, or other commercial agreements (“Order Form”).
In case of contradictions, the following order of precedence applies:
(1) Order Form
(2) any separate Data Processing Agreement (DPA) or Business Associate Agreement (BAA)
(3) these Terms of Use
(4) other documentation/service descriptions
No oral side agreements exist. Amendments or additions to these Terms of Use and individual agreements require text form unless a stricter form is required by law.
This also applies to any amendment or waiver of this text-form requirement.
The myoncare platform enables the digital collection, structuring, and presentation of health-related information of registered patients as well as organizational processes in the treatment context.
It supports service providers in documentation, communication, and coordination without making medical decisions. The platform may provide an overview of diagnoses, medication, vital data, therapy and care plans, and other health-relevant information, provided these were entered or transmitted via interfaces.
It serves the digitization of treatment processes and may contribute to early identification of abnormalities but does not replace clinical assessment.
Service providers may provide information, therapy plans or care plans, or support administrative processes.
Non-medical users are not authorized to issue medical diagnoses, treatments, or individual medical recommendations via the platform unless legally permitted to do so. Non-medical users may use the myoncare platform exclusively for organizational, administrative, communicative, preventive, or scientific purposes insofar as legally permissible.
In particular, non-medical users must not make individual medical diagnoses, therapy decisions, or simulate or replace medical services.
Non-medical users must ensure that their use of the platform does not replace medical treatment and that no medical advice is provided to patients unless legally authorized.
Where required by law, non-medical users must obtain appropriate legal bases or consents before processing health data. Non-medical users must not use the platform to provide individual medical recommendations, classify symptoms as diagnoses, make therapy decisions, or conduct patient-specific risk stratification as a “medical assessment” toward affected persons unless legally authorized.
Non-medical users are solely responsible for ensuring and documenting their legal authority, information obligations, and legal bases (including consent management, withdrawals, and transparency).
Oncare provides only technical functions and assumes no responsibility for whether a non-medical user’s use is legally permissible. Oncare does not guarantee that use of the platform is permissible in the user’s specific legal, professional, or regulatory environment.
Where appropriately labeled, the myoncare platform (=Care Plan Manager) is a Class IIa medical device under European law with CE marking.
The conformity assessment procedure confirms compliance with essential requirements.
Not all functions are part of the regulated medical device; certain functions may be provided as non-medical software. The currently valid intended purpose and instructions for use are decisive.
Protection of personal data is of highest priority for Oncare.
The platform is designed according to current technical and organizational security standards.
Processing of personal data takes place in accordance with the Privacy Policy and applicable data protection laws.
Depending on the usage scenario, the service provider may act as the controller or joint controller within the meaning of the applicable data protection laws.
Oncare may be entitled to use anonymized data without restriction for its own economic purposes, in particular for research, development, validation, improvement, and marketing of products and services, for the preparation of statistical evaluations, benchmark analyses, scientific publications, and for licensing or transfer to third parties in return for payment.
If the service provider exports data from the platform, stores it locally, transfers it to third-party systems, or makes it available to third parties, this is done at the service provider 's own responsibility. Oncare is not liable for any resulting data protection, security, or compliance violations by the platform user.
The myoncare App is a mobile application for smartphones and tablets running iOS or Android operating systems through which patients and other users can access the myoncare Services. In particular, the app enables communication with service providers, the recording and display of health-related information, and participation in digital care, monitoring, or support programs.
The myoncare PWA (Progressive Web App) is a web application with functionality comparable to the mobile app that can be used via a web browser without installation from an app store. PWAs are designed to use selected functions of native mobile applications.
The myoncare PWA is based on React technology, an open-source software for web and PWA applications.
To use the myoncare App or PWA, users require a suitable end device and an active internet connection.
Where reference is made to the myoncare App in these Terms of Use, this — unless expressly stated otherwise — also includes the myoncare PWA.
The myoncare platform enables you to consolidate various health data streams of your registered patients on a single platform. The platform offers in particular the following services:
• Direct communication with your registered patients, for example via video signaling and chat: You and your registered patient can interact in a technically secure environment to exchange questions, results, care plans, and other information that does not require a physical meeting. Your registered patient can communicate with you via the myoncare App or PWA. Patients can decide within the app which data they wish to share with you as a service provider and what access and communication rights they grant you. Based on these rights, you may provide registered patients with individual information, treatment plans, care plans, and comparable content.
• Medication intake reminders: Service providers may provide patients with regular reminders to take prescribed medications via the platform. It is also possible to scan the standardized German medication plan (BMP) and import it digitally into the patient record. The BMP may be scanned by the patient using the app or uploaded by the service provider. When a BMP is uploaded, all previously activated medication reminders are automatically deactivated. Reminders are then reactivated according to the medications and intake times specified in the BMP. The patient is additionally shown a reference to the stored medication plan PDF within the app. Manual assignment of new medication reminders is disabled as long as the BMP is considered current.
Responsibility for accuracy and timeliness lies with the respective user (patient or service provider).
• Health check-ups via in-app questionnaires: You may request specific health parameters (e.g., blood pressure measurements) or other tasks and questions to which your registered patient can respond. Medical evaluation and decisions regarding measures remain solely your responsibility.
• Transfer of activity data for selected values from patients to the platform, for contextualizing other information regarding patient activity (e.g., Google Fit or Withings for Android; Apple Health or Withings for Apple devices).
• Management of reimbursement processes with payers, including statutory physician associations and/or patient health insurers. Legal and billing responsibility remains with you.
• Integration of external technical service providers: External providers such as device manufacturers, distributors of diagnostic devices, or laboratory service providers may be integrated. They may provide health-related data (e.g., measurements or lab results) via defined interfaces for you as treating physician where provided for in a pathway. You must ensure the legal basis for data protection (especially consents and roles).
Oncare assumes no responsibility for content, quality, completeness, or timeliness of data provided by third parties. Oncare is not obligated to validate, plausibilize, or medically interpret third-party data. Compatibility of third-party interfaces is not guaranteed.
We continuously develop new myoncare Services and improvements. Additional or enhanced services may be provided with future updates. There is no entitlement to a specific scope of functions or an unchanged version.
All rights, title, and interest in the myoncare Tools, Services, software, code, methods, systems, materials, and content accessible via the platform or app (“Material”) are the exclusive property of Oncare or third parties that have licensed such material.
Materials are protected by copyright, competition law, and other intellectual property rights and may not be reproduced, copied, modified, republished, transmitted, licensed, translated, sold, or made available to third parties unless expressly permitted by Oncare or required by law.
Circumvention of security mechanisms, reverse engineering, decompilation, or attempts to derive source code or underlying structures are prohibited unless legally permitted.
Upon registration and activation, you receive a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the platformdata extract term.
Your account may not be sold or transferred.
Oncare owns all confidential information and rights related to the tools. Use of logos, trademarks, domain names, or other proprietary rights is not permitted.
Use of the platform must comply with applicable law and professional authorization.
Use of the myoncare platform is billed in accordance with the pricing model agreed between Oncare and you; excluded are third-party expenses and fees charged by standard internet and telecommunications service providers. You may use the platform during the term of your contract concluded with Oncare.
Within the myoncare Tools, paid digital content or additional services (e.g., structured informational or plan content, tests, or comparable modules) may be provided or purchased. Scope and prices result from the respectively agreed pricing model and/or the respectively current price list.
Payments for such additional services are based on the price list as stated at the time of acceptance by the service provider and are subject to the applicable statutory value added tax.
Unless otherwise agreed in the pricing model between Oncare and the contracting partner, all payments are due and payable upon receipt of Oncare’s invoice. Unless expressly stated otherwise, all prices are stated in Euro and all payments shall be made in Euro.
Oncare reserves the right to charge default interest not exceeding one and a half percent per month or fraction thereof, or the statutory maximum rate for failure to make a payment within thirty days after the acceptance date. The contracting partner’s obligation to pay all accrued fees shall continue after expiration or termination of this contract.
The myoncare Tools as such neither provide medical advice nor establish medical diagnoses. Rather, they provide the platform to accompany registered patients digitally and, within the scope of your medical responsibility, to capture, review, and use structured information.
Insofar as the Tools contain functions for the structured recording or display of health data, condition indicators, notices, or notifications, these serve exclusively to support your professional assessment and replace neither your clinical examination nor your decision; Oncare assumes no duty of monitoring and no responsibility for medical decisions or treatment outcomes. myoncare should not be used by service providers as the sole basis for diagnostic or therapeutic decisions.
• The information and materials freely available on the myoncare App are for information and educational purposes only. They do not replace professional medical advice or treatment.
• The information and materials that you make available to your registered patients via the myoncare App, for example care plans, are reviewed, selected, and taken responsibility for by you on the basis of your medical diagnoses and advice. Oncare does not review medical content and is not responsible for it.
Oncare does not promise or guarantee any specific results regarding the health of your registered patients in connection with use of the myoncare Tools. Use of the myoncare App by registered patients does not replace consultation and diagnosis by a physician.
NEVER USE THE MYONCARE PLATFORM FOR MEDICAL EMERGENCIES.
The myoncare platform may be used by you as a service provider within the meaning of these Terms of Use, including nonmedical organizations, insofar as use takes place within the scope of the respectively applicable legal authority.
12.2 Minimum Age
Your registered patients must be at least 18 years old in order to use the myoncare App.
Contraindications: myoncare Tools must not be used in connection with patients whose central nervous system is impaired by a disease or corresponding conditions such that, due to mental or physical impairments, they are not able to use mobile end devices unsupervised. In addition, myoncare Tools should not be used in connection with patients if another disease or condition of a patient leads to mental or physical impairments that render patients unable to use mobile end devices unsupervised.
You undertake to use myoncare Tools exclusively taking into account medical standards in routine patient care. Prior to use with a registered patient, you ensure that the patient is suitable for use of the myoncare Tools.
Subject to the provisions set out in this section, Oncare provides you with maintenance and support services for the myoncare Tools as follows:
• Ensuring installation of the myoncare platform and provision of initial training measures or materials at the indicated location of the service provider.
• Providing necessary support for implementation of the myoncare platform in accordance with the documentation by providing appropriate fixes, patches, or workarounds for the problem or a process in subsequent release cycles, provided that the service provider reports a problem promptly and in accordance with the requirements set out in the instructions for use.
• Support desk to receive telephone calls from service providers for initial diagnosis of product issues from 9:00 to 17:00 Munich time, Monday to Friday, except on statutory public holidays applicable in Bavaria.
If, after reasonable efforts, Oncare is unable to restore the myoncare Tools to their functionality or in accordance with their documentation, this contract in respect of the myoncare Tools may be terminated at Oncare’s discretion, provided that all support under this section has been provided. In this case, the service provider is not obliged to pay the license fee for the affected myoncare Services. If this contract is terminated during the first one-year limited warranty period, Oncare shall refund the license fee pro rata to the extent license fees have been paid.
Oncare is not liable for misuse or modification of the myoncare Tools by the service provider or modification of the on-site installation by the service provider’s IT administration. New myoncare Services are not included in the standard maintenance and support services and will be offered at the then-current published prices. Oncare is not responsible or liable if a third-party provider is unable to maintain or support third-party products.
Maintenance and support during the one-year limited warranty period is included in the license price. After expiration, there is the option to book further annual support services for a fee; prerequisite is advance payment of the annual maintenance and support fee.
Oncare’s obligation to provide maintenance and support services and the service provider’s obligation to pay maintenance and support fees shall be automatically renewed on the anniversary of installation, unless Oncare or the contracting partner terminates at least thirty days in advance. If annual maintenance and support fees are increased, the contracting partner may oppose automatic renewal by terminating in writing within fifteen days after receipt of the invoice. Oncare’s failure to provide ongoing annual services does not constitute grounds to terminate this contract, but may constitute grounds to terminate future obligations regarding maintenance and support.
The service provider acknowledges and agrees that Oncare may develop and market new products and services that use Oncare technologies and fulfill functions of the myoncare Tools. Nothing in this agreement grants the service provider any right with respect to new or other products.
The service provider must
• perform routine maintenance in accordance with documentation requirements
• ensure appropriate environmental conditions at the place of use
• install or have installed new updates when Oncare requests it
• allow sufficient time during normal business hours for necessary on-site installation and training
• carry out other routine maintenance measures that Oncare may reasonably request
• ensure that all information provided via the platform is complete and correct in content
• maintain all professional licenses or other certifications required
• use the platform only within the scope of the respectively permissible professional, organizational, or statutory purposes and for the benefit of the persons being cared for
• not use the platform for illegal or unauthorized purposes
• obtain and maintain the authority and necessary consent of patients for uploading information and immediately cease use for patients who have withdrawn their consent
The service provider acknowledges that the myoncare Tools are continuously developed and updated. There is no entitlement to use previous or unchanged versions. Oncare is entitled at any time to perform updates, upgrades, or functional adjustments, including those that restrict or make impossible the use of older versions. The service provider is obliged to install or have installed new versions or updates promptly if Oncare requires their use. Use requires use of the current version approved by Oncare.
Registration
Before you can use the myoncare platform, you must register. Your registration data will be communicated to you by Oncare after successful installation of the myoncare platform and after successful completion of product training.
When you have completed the registration process and given your consent to these Terms of Use and to data privacy processing, this constitutes your binding offer to Oncare to agree to use of the myoncare platform. Please note that we are not obliged to approve your registration or accept your contractual offer. We may accept your offer by approving your registration data and activating your initial access to the myoncare platform.
After successful registration and activation of your account in the myoncare platform, you can access and use the platform. Use of the platform is at your own risk; you bear full responsibility for activities under your account.
Personal content such as health data, images, illustrations, photographs, or texts may only be stored, published, transmitted, or distributed in the myoncare Tools if you have the right to do so and the data protection legal basis exists.
Automated Document Capture (OCR) The myoncare platform may provide technical functions for automated text recognition from documents (“OCR Function”). This function serves exclusively to technically extract and display in a structured manner content from documents uploaded by the user in order to facilitate the manual entry of information.
The OCR Function serves exclusively as technical support for the capture of information from documents, for example laboratory reports, physician letters or other medical records. The function does not perform any medical evaluation, interpretation, analysis or prioritization of the content. The extracted information is displayed solely as a technical pre-filled entry. The user is obliged to independently review all automatically captured content before it is stored or used. The user may confirm, correct or reject the displayed information. Responsibility for the accuracy of the stored data lies exclusively with the respective user.
Automated text recognition may produce incorrect, incomplete or inaccurate results, in particular in the case of poorly readable documents, unusual formats or handwritten content. Oncare assumes no warranty for the accuracy, completeness or timeliness of the automatically recognized content.
The OCR Function does not constitute a medical analysis, diagnostic or clinical decision support system and does not replace professional evaluation by qualified medical personnel.
Depending on the version provided, registration may occur via the myoncare App or the myoncare PWA. For use of the PWA, no installation from an app store is required. Before your patients can use the myoncare App, they require a smartphone, an internet connection, and the iOS operating system (version 13 or higher) or Android (version 11 or higher). To download the app, they must go to the App Store (Apple) or Google Play Store (Android), search for the app “myoncare,” and install the app on their smartphone.
Your patients may register themselves with myoncare, or you as their service provider provide them with registration data (QR code, for example in an invitation letter or via the myoncare platform).
To generate registration data, you must create a new patient profile in the myoncare platform (“Add patient”) or have patient data transferred via HL7 format. After you have entered the required data, you must click “Generate registration letter” and the myoncare platform will generate a QR code.
Your patient must allow access to the camera of their smartphone and scan the QR code by viewing the code through the screen window.
Patients who have registered themselves for the myoncare App can be connected to the myoncare platform by scanning the QR code generated by them after adding the patient in the myoncare platform.
By registering, you confirm that the information provided during registration is truthful, accurate, current, and complete. You are obliged to regularly update your personal data as well as the data of your institution in the event of changes.
As a registered user of the myoncare platform, you receive your login credentials, including a username and password. You must protect your registration data and must not disclose your account and login information to third parties. Furthermore, you must not allow any third party to access the myoncare platform via your account unless legally required or expressly permitted in these Terms of Use.
Oncare assumes no liability for consequences of third parties using your account. In particular, you bear full responsibility for all activities under your account that are based on unlawful access to or unlawful use of the myoncare platform by a person to whom you have granted access to access or login data.
Inform us immediately of any breach of confidentiality of your login information or if you have reason to believe that a third party has accessed your account by sending us an email to service@myoncare.com.
Organizations are obliged to grant access to the platform exclusively to authorized persons, implement appropriate organizational and technical measures for access control, and regularly review access rights. Accesses must be deactivated immediately as soon as an authorized person leaves the organization or no longer has authorization. Oncare is not liable for security incidents that are attributable to inadequate security measures of the user.
The service provider undertakes to maintain adequate professional liability insurance or comparable liability coverage throughout the entire term of the contract that covers the services provided by the service provider via the myoncare Tools, insofar as required under applicable professional or statutory regulations.
We reserve the right to temporarily exclude or permanently withdraw access rights to the myoncare platform without prior notice and to terminate the contract with you immediately and, in the event of serious violations of the Terms of Use by you, to take legal action against you.
Serious violations include in particular
• providing false, incorrect, outdated, or incomplete information during the registration process
• infringement of ownership or intellectual property rights, for example transferring, copying, publishing, or selling information contained in the myoncare platform
• attempting to decrypt, remove, disable, damage, circumvent, or otherwise impair the security of the myoncare platform
• disrupting, destroying, or restricting the proper functionality of the myoncare platform
• taking any measures that impose an unreasonable or disproportionately large data load on the infrastructure of the myoncare platform
• using the myoncare Tools in a manner that leads or may lead to disputes, claims, fines, penalties, or other liability vis-à-vis
Oncare or others
• acting unlawfully in any other way
You undertake to use the myoncare platform exclusively in compliance with applicable laws, including labor law and data protection. You are solely responsible for all claims, fees, fines, penalties, and other liability incurred by us or others as a result of your breach of these Terms of Use and your use of the myoncare platform or arising therefrom.
You undertake to inform Oncare within 24 hours after becoming aware of any “incident” and any “serious incident.” You inform Oncare only of such incidents that may, based on your assessment, be related to the myoncare Tools.
An “incident” means a malfunction or deterioration in the characteristics or performance of a product already placed on the market, an inadequacy in the information provided by the manufacturer, or an unexpected adverse side effect. A “serious incident” means an incident that directly or indirectly resulted in, could have resulted in, or might result in one of the following consequences:
You shall also provide Oncare without delay with an anonymized record containing data that is re-identifiable for you, which is necessary and relevant for Oncare to comply with medical device law reporting obligations. The following applies: Oncare requires such information exclusively for the fulfillment of statutory duties; transmission must be limited to the required extent.
Oncare and you undertake to comply with all applicable anti-corruption laws and regulations in the provision and use of the myoncare Tools and myoncare Services. This obligation includes in particular the prohibition of unlawful payments or granting other unlawful advantages to public officials, business partners, their employees, family members, or other partners, as well as the prohibition of facilitation payments to public officials or other persons.
Oncare and you as a service provider shall support each other in measures to prevent corruption and shall in particular inform each other without delay insofar as they have knowledge of or a concrete suspicion of corruption cases that are in a specific context with these Terms of Use, the commercial arrangements, or their performance.
The myoncare Tools may include certain software and/or services from third parties. In that case, use of such software or services is subject to those third parties’ terms and conditions, and you should carefully read them prior to acceptance.
The myoncare Tools contain or use components published under open-source licenses. The respective licenses and copyright notices of the open-source projects are contained in the software documentation or in the source code directory. Use of these open-source components is subject to the respective license terms. We provide no warranty or liability for the open-source components and recommend reviewing the respective license provisions.
Oncare warrants that the myoncare Tools will function for one year from the date of installation in accordance with the installation notice and in accordance with the current documentation, provided that they are properly installed and operated.
In the event of security corrective measures, Oncare or the service provider on behalf of Oncare has the right to restrict access to the myoncare Tools, update them on short notice, or take other measures if this is necessary.
You as service provider are obliged to inform Oncare without delay and describe any error appropriately if a myoncare Tool malfunctions within the one-year period. An appropriate description also includes a description of the circumstances under which the error occurred. Oncare’s sole obligation and the service provider’s sole right in this situation is to cause Oncare to take corrective actions free of charge in accordance with Oncare’s maintenance and support obligations.
Oncare does not guarantee that each myoncare Tool is free of defects or that its use is uninterrupted. Oncare is not obliged to remedy defects in a myoncare Tool that cannot be appropriately reproduced.
The warranties in this section do not apply to myoncare Tools that
• have been modified, except by Oncare or in accordance with Oncare’s written instructions
• are used in connection with products other than the intended devices or other products
• are operated with an abnormal or incorrect procedure or process or contrary to the instructions and warnings set out in the instructions for use
• have been damaged by improper supply of electrical power or an improper environment, misuse, accident, or negligence
You undertake to fully indemnify Oncare and its affiliated companies as well as their respective officers, employees, shareholders, and agents against asserted claims, demands, damages, and lawsuits including court and attorney fees arising from the following: • your use of the platform
• a breach caused by you of provisions of these terms
• an infringement of third-party rights, including intellectual property rights or data protection rights, causally caused by you
• damages of any kind, whether direct or indirect as a consequence, that you have caused to a third party by use of the platform • claims, lawsuits, or demands resulting in connection with the medical services offered or provided by you to patients or the content and materials made available to patients
• the circumstance that you culpably failed to properly provide your services in accordance with applicable laws and regulations including the professional rules applicable to you for professional and ethical conduct.
25.2 Survival
The indemnification claim continues to apply after termination of the contractual relationship.
ONCARE is liable for damages of the contracting partner only in cases of intent and gross negligence.
In the event of a slightly negligent breach of essential contractual obligations, ONCARE shall be liable exclusively for the contract-typical, foreseeable damage. Essential contractual obligations are those obligations the fulfillment of which makes proper performance of this contract possible in the first place and on the compliance with which the contracting partner may regularly rely.
Otherwise, ONCARE’s liability for slight negligence is excluded.
In particular, ONCARE is not liable for damages, data loss, or malfunctions that are due to causes outside ONCARE’s sphere of influence, in particular failures of telecommunications networks, internet services, hosting or cloud infrastructure, energy supply, third-party software, cyberattacks, unauthorized access, force majeure, or other external events.
The contracting partner is obliged to take appropriate organizational and technical measures to protect its systems, data, and access, and to perform regular data backups. ONCARE is not liable for damages that are based on the fact that such measures were not taken or were not taken sufficiently.
The myoncare Tools provide exclusively supporting technical functions and must not be used as the sole basis for diagnostic, therapeutic, organizational, or other professional decisions. Responsibility for all decisions and measures remains exclusively with the service provider and/or the respective user.
ONCARE provides no medical, therapeutic, diagnostic, or other professional services and does not act as a representative, vicarious agent, authorized agent, or as part of a treatment relationship between service provider and patient. There is no responsibility for the services or content of the service provider or other users.
To the extent legally permissible, ONCARE’s total liability arising from and in connection with this contract, regardless of the legal basis, is limited in amount to the remuneration that ONCARE has received from the contracting partner within the twelve (12) months prior to the event giving rise to the damage.
Liability for indirect damages, consequential damages, lost profits, production downtime, business interruption, or data loss is — except in cases of intent or gross negligence — excluded.
Liability under the Product Liability Act and liability for damages resulting from injury to life, body, or health remain unaffected. ONCARE is not liable for fines, sanctions, or other measures by authorities that are attributable to acts, omissions, or breaches of duty by the contracting partner or its users.
ONCARE assumes no liability for the correctness, completeness, timeliness, medical accuracy, or reliability of content, data, or recommendations provided, posted, transmitted, or recommended by platform users or other third parties, including those from manufacturers of medicinal products, medical devices, or other service providers.
Any use of or reliance on such content occurs exclusively at the service provider’s or user’s own risk.
The service provider acknowledges that it is in a better position than ONCARE to take appropriate precautions to protect against loss or damage to software, data, or systems and against the consequences of system failure.
In particular, the service provider undertakes to:
• create backup copies of relevant data at appropriate regular intervals, including data processed via the myoncare Tools as well as other data stored on its systems
• implement suitable backup and emergency measures, computer-based or manual, in order to maintain operations as far as possible in the event of an error or malfunction
To the extent losses would have been avoidable by taking such measures, ONCARE is not liable for them
26.4 Misuse and Modifications by the User ONCARE is not liable for damages resulting from:
• abusive or improper use of the myoncare Tools
• unauthorized modifications or interventions in the software
• changes to the installation or system environment by the contracting partner or its IT administration
• use in a technical environment not approved
The myoncare Services and myoncare Tools are designed to be available 24 hours a day, 7 days a week. We have set up the services and tools according to the currently available technical, economic, operational, and organizational possibilities and will continue to provide them. We reserve the right, but are not obliged, to regularly monitor and update settings to meet current standards. However, we cannot exclude interruptions, disruptions, delays, erroneous transmissions, or storage failures during use, for example during update processes, and assume no guarantee or liability for such interruptions that may restrict or prevent availability for a certain period.
The same applies to temporary or permanent access restrictions or withdrawal from the market due to necessary on-site security corrective measures.
We assume no guarantee or liability for restrictions, limitations, or interruptions caused by your web provider. The same applies to interruptions or limitations insofar as the myoncare platform is affected by force majeure, for example war, natural forces, or strike. In this case, Oncare is released from contractual obligations for as long as the force majeure event continues. In this case, you may discontinue use of the myoncare platform at any time in whole or in part.
There is no entitlement to a specific minimum availability or uninterrupted use unless expressly agreed otherwise in writing.
We expressly reserve the right to amend these Terms of Use in the future at our discretion. Amendments or supplements may be necessary to meet legal requirements, correspond to technical and economic developments, or serve the interests of app or platform users.
Amendments are possible at any time and will be brought to your attention in an appropriate manner and within a reasonable time frame before they take effect, for example by revised Terms of Use upon login or by advance notice of material changes. We may ask you to review the amended Terms of Use and expressly consent or refuse. In such cases, the amendment becomes effective at the time of your consent. If you do not consent, you cannot use the myoncare platform and myoncare Services.
Oncare is entitled to terminate this contract ordinarily with three months’ written notice to the service provider. Oncare is entitled to terminate this contract with immediate effect by written notice without further obligation or liability:
29.1.1 if the service provider is in default of payment of due amounts and the breach has not been remedied within thirty days after written reminder
29.1.2 if the service provider commits another breach of this agreement
You are entitled to terminate this contract by written notice to Oncare if Oncare materially breaches an obligation and the breach is not remedied within thirty days after written notice in which the breach is adequately described.
If this contract is terminated for any reason, an offboarding shall first take place. Subsequently, the license and all other rights granted to the service provider regarding myoncare Tools and myoncare Services shall expire and the service provider shall cease use. In addition, the service provider must without delay:
29.3.1 return the myoncare platform together with all reproductions and modifications and all copies of documentation, notes, and other materials relating to the myoncare platform to Oncare
29.3.2 remove all copies of the myoncare platform or any part thereof from all intended devices and from every computer storage device or medium
29.3.3 provide written certification that all obligations under this section have been fulfilled
Oncare will provide you with a backup file of your current data in a common readable format. After expiry of a reasonable transition period, Oncare is entitled to delete remaining data insofar as no statutory retention obligations conflict. If applicable, the continued use of fully anonymized data remains unaffected.
The myoncare Services and myoncare Tools are designed to be available 24 hours a day, 7 days a week. We have set up the services and tools according to the currently available technical, economic, operational, and organizational possibilities and will continue to provide them. We reserve the right, but are not obliged, to regularly monitor and update settings to meet current standards. However, we cannot exclude interruptions, disruptions, delays, erroneous transmissions, or storage failures during use, for example during update processes, and assume no guarantee or liability for such interruptions that may restrict or prevent availability for a certain period.
The same applies to temporary or permanent access restrictions or withdrawal from the market due to necessary on-site security corrective measures.
We assume no guarantee or liability for restrictions, limitations, or interruptions caused by your web provider. The same applies to interruptions or limitations insofar as the myoncare platform is affected by force majeure, for example war, natural forces, or strike. In this case, Oncare is released from contractual obligations for as long as the force majeure event continues. In this case, you may discontinue use of the myoncare platform at any time in whole or in part.
There is no entitlement to a specific minimum availability or uninterrupted use unless expressly agreed otherwise in writing.
We expressly reserve the right to amend these Terms of Use in the future at our discretion. Amendments or supplements may be necessary to meet legal requirements, correspond to technical and economic developments, or serve the interests of app or platform users.
Amendments are possible at any time and will be brought to your attention in an appropriate manner and within a reasonable time frame before they take effect, for example by revised Terms of Use upon login or by advance notice of material changes. We may ask you to review the amended Terms of Use and expressly consent or refuse. In such cases, the amendment becomes effective at the time of your consent. If you do not consent, you cannot use the myoncare platform and myoncare Services.
Oncare is entitled to terminate this contract ordinarily with three months’ written notice to the service provider. Oncare is entitled to terminate this contract with immediate effect by written notice without further obligation or liability:
• if the service provider is in default of payment of due amounts and the breach has not been remedied within thirty days after written reminder or
• if the service provider commits another breach of this agreement
You are entitled to terminate this contract by written notice to Oncare if Oncare materially breaches an obligation and the breach is not remedied within thirty days after written notice in which the breach is adequately described.
If this contract is terminated for any reason, an offboarding shall first take place. Subsequently, the license and all other rights granted to the service provider regarding myoncare Tools and myoncare Services shall expire and the service provider shall cease use. In addition, the service provider must without delay:
• return the myoncare platform together with all reproductions and modifications and all copies of documentation, notes, and other materials relating to the myoncare platform to Oncare,
• remove all copies of the myoncare platform or any part thereof from all intended devices and from every computer storage device or medium and
• provide written certification that all obligations under this section have been fulfilled
Oncare will provide you with a backup file of your current data in a common readable format. After expiry of a reasonable transition period, Oncare is entitled to delete remaining data insofar as no statutory retention obligations conflict. The continued use of fully anonymized data remains unaffected.
30.1 Written Form
Where the term “written” is used in these Terms of Use, it also includes communication by email.
If any provision of these Terms of Use is declared invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect to the extent permitted by applicable law. In place of the invalid or unenforceable provision, or to fill any contractual gap, a valid and enforceable provision shall apply that most closely reflects the economic intentions of both parties.
If you would like to contact us with general questions about the myoncare Services or specifically about the Terms of Use, please send us an email at: service@myoncare.com.
German law shall apply, excluding the principles of conflict of laws and excluding the application of the United Nations Convention on Contracts for the International Sale of Goods (1980). The place of jurisdiction shall be Munich, Germany. To the extent that the US Additional Provisions apply to US users, their provisions regarding governing law and jurisdiction shall take precedence over this section.
In the event of questions of interpretation or disputes, only the German version of the Terms and Conditions shall be binding and authoritative.
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These supplementary provisions apply exclusively to users whose registered office or habitual residence is in the United States of America (USA), or to healthcare providers who provide services to patients in the USA or who use the platform in the context of US legally relevant treatment settings (US Users).
They supplement the above General Terms and Conditions for Healthcare Providers (main part). To the extent these supplementary provisions deviate from the provisions of the main part, for US Users exclusively the provisions of these supplementary provisions shall apply. Otherwise, the main part shall remain applicable unchanged.
1.1 For US Users, exclusively myoncare Inc., USA (MYONCARE INC) is the provider of the myoncare platform, the contracting party, and the responsible entity within the meaning of these Terms of Use.
1.2 ONCARE GmbH, Germany, is the manufacturer of the software. Toward US Users, ONCARE GmbH provides services exclusively as a technical service provider or subcontractor of MYONCARE INC, to the extent legally permissible.
1.3 To the extent legally permissible, no contractual relationship arises between US Users and ONCARE GmbH. Claims arising from or in connection with the use of the platform by US Users shall, to the extent legally permissible, be asserted exclusively against MYONCARE INC.
1.4 The platform may continue to appear in app stores or portals with manufacturer information referring to ONCARE GmbH. For US Users, this does not affect the fact that the contracting party and provider of the platform in the USA is exclusively
MYONCARE INC.
2.1 MYONCARE INC provides no medical services, no diagnoses, no treatments, and no therapy decisions.
2.2 You as a healthcare provider are solely responsible for the provision of medical services, in particular for medical history taking, diagnostics, indication setting, therapy, patient information, consents, documentation, follow-up care, and for compliance with all professional and regulatory requirements.
2.3 Use of the platform does not establish a physician–patient relationship between MYONCARE INC and patients. A physician–patient relationship exists exclusively between you and your patients, to the extent such a relationship arises under applicable law.
2.4 MYONCARE INC does not control, monitor, or validate medical decisions. Notices, displays, evaluations, dashboards, scores, notifications, or other results within the platform serve exclusively as technical support and do not replace your professional review.
3.1 If you provide telehealth services, you are solely responsible for compliance with all applicable federal and state requirements, in particular with respect to:
• licensure and licensing in the state where the patient is located
• scope of practice and delegation
• patient information and consent for telehealth
• requirements for prescribing and medication management
• requirements for documentation, retention, and access
• requirements for emergency processes and local care
3.2 You represent that you possess all required licenses, registrations, permits, and insurances and will maintain them for the duration of the contract term.
3.3 You may not use the platform in a manner that violates professional rules, advertising law requirements, anti-fee-splitting requirements, or other applicable rules.
4.1 To the extent that, within the scope of your use, protected health information within the meaning of the Health Insurance Portability and Accountability Act of 1996, as amended (PHI), is processed, the following applies:
• Depending on your role, you are a Covered Entity or a Business Associate of a Covered Entity.
• MYONCARE INC processes PHI exclusively in the role of a Business Associate or Sub-Business Associate to the extent required under HIPAA.
4.2 To the extent HIPAA requires the execution of a Business Associate Agreement, MYONCARE INC’s processing of PHI shall occur exclusively on the basis of a separate Business Associate Agreement between MYONCARE INC and the respectively responsible Covered Entity or Business Associate.
4.3 If a Business Associate Agreement exists, its provisions shall take precedence over the provisions of these supplementary provisions with respect to PHI to the extent of any conflict.
4.4 You are obliged:
• to introduce into the platform only such PHI whose processing via the platform is legally permissible
• to obtain required patient information and consents to the extent legally required
• to comply with organizational measures in your institution to prevent unauthorized access
• to assign and regularly review access rights within the platform according to the need-to-know principle
4.5 MYONCARE INC provides appropriate administrative, technical, and physical safeguards that support applicable HIPAA requirements. However, absolute security or error-free operation cannot be guaranteed.
5.1For US Users, the US privacy policy of MYONCARE INC (US Privacy Notice) additionally applies. It forms part of the Terms of Use.
5.2 Where applicable, additional state privacy laws may apply. You are obliged, within your area of responsibility, to implement the applicable information obligations and processes.
5.3 To the extent you export data from the platform, store it locally, or transfer it into other systems, you are solely responsible for compliance with applicable data protection, security, and retention obligations.
6.1 You acknowledge that the platform may be operated technically on a global basis and that data processing may also take place outside the USA, in particular in the European Union or other jurisdictions, insofar as required to provide the services.
6.2 MYONCARE INC implements appropriate technical and organizational measures to protect the confidentiality, integrity, and availability of data.
6.3 You remain responsible for ensuring, prior to use, that cross-border data processing is permissible in the respective usage context, in particular for PHI and special categories of data.
7.1 MYONCARE INC is - if applicable - entitled to create from data arising in the course of use of the platform datasets that are either:
• fully anonymized, or
• de-identified in accordance with recognized standards to the extent permissible under applicable law (De-identified Data).
7.2 De-identified Data contain no directly identifying information and are processed in such a way that identification of individual persons is not intended under the respective applicable standards.
7.3 MYONCARE INC may use De-identified Data without restriction, in particular:
• scientifically, statistically, and for regulatory purposes
• for product and service improvement
• for research, analysis, and AI purposes
• in combination with other datasets
• by disclosing them to third parties, licensing them, or selling them
• by commercially exploiting them
7.4 Re-identification is not intended. To the extent legally and contractually permissible, MYONCARE INC will impose appropriate contractual restrictions vis-à-vis recipients of De-identified Data.
7.5 You and your patients have no claim to remuneration, participation, or other consideration in connection with MYONCARE INC’s use of De-identified Data, to the extent legally permissible.
7.6 These rights exist without limitation in time and shall remain in effect after termination of the contractual relationship, to the extent legally permissible.
De-identified data are created in compliance with the respectively applicable HIPAA requirements, in particular according to the Safe Harbor method or the Expert Determination method, as applicable. MYONCARE INC will not take measures to re-identify such data and will contractually prohibit third parties from re-identification.
8.1 You may use the platform only in accordance with applicable law and these Terms of Use.
8.2 In particular, you must not:
• circumvent security mechanisms
• access data without authorization or enable unauthorized access
• introduce malware or test systems without express permission
• post content that infringes third-party rights or is impermissible
8.3 You are solely responsible for content that you create, upload, transmit, or make available to patients, including care plans, texts, documents, recommendations, messages, forms, and configurations.
8.4 You ensure that you have all necessary rights and authority to introduce content and patient data into the platform, including required consents, authorizations, and professional prerequisites.
Automated document capture (OCR) constitutes solely a technical function for text recognition and the structured display of document content. No medical interpretation, analysis or clinical evaluation of the content takes place. To the extent that documents contain protected health information (PHI), such information is processed exclusively as part of the technical provision of the platform in accordance with the applicable data protection and HIPAA regulations.
10. MYONCARE INC assumes no responsibility for billing, coding, claims submission, prior authorizations, or payer communication unless expressly agreed otherwise in writing.
10.2 You are solely responsible for compliance with all requirements applicable to billing and reimbursement, including Medicare, Medicaid, commercial payers, and other programs.
10.3 You represent that you will not make any use that may lead to false or misleading claims and that you will comply with all applicable requirements, including rules under the False Claims Act.
11.1 You undertake to comply with all applicable requirements, in particular the Anti-Kickback Statute, the Stark Law, and state equivalents.
11.2 To the extent you involve third parties or agree remuneration, you ensure that such arrangements are legally permissible. MYONCARE INC does not owe any legal review of your specific remuneration models.
12.1 You undertake to implement appropriate security measures within your area of responsibility, in particular: • access protection, strong authentication, roles, and permissions
• staff training
• device and endpoint protection
• secure networks and logging
12.2 You must notify MYONCARE INC without delay if you suspect a security breach, unauthorized access, or compromise of access credentials.
12.3 To the extent a Business Associate Agreement exists, its incident and breach processes shall take precedence.
13.1 MYONCARE INC may further develop, modify, add, remove, or adapt functions of the platform to the extent this is required for security, compliance, technical development, or economic operability.
13.2 MYONCARE INC may make updates or upgrades mandatory, in particular for security reasons. You are obliged to install or have installed required updates without delay.
14.1 To the extent legally permissible, the platform is provided AS IS and AS AVAILABLE.
14.2 MYONCARE INC makes no warranties or representations with respect to:
• error-free operation
• uninterrupted availability
• suitability for a particular purpose
• merchantability
• non-infringement of third-party rights
• achievement of specific clinical or economic results
14.3 You are responsible for assessing whether the platform is suitable for your specific use.
15.1 To the extent legally permissible, MYONCARE INC shall not be liable for indirect damages, consequential damages, lost profits, punitive damages, exemplary damages, or other special damages.
15.2 MYONCARE INC shall not be liable for:
• medical decisions and services of healthcare providers
• actions or omissions of patients
• content provided by you or third parties
• outages caused by third parties, networks, end devices, or external systems
15.3 To the extent liability cannot be excluded by law, it shall, to the extent permissible, be limited to the amount you have paid to MYONCARE INC in the twelve (12) months preceding the event giving rise to liability. If no payments were made in the last twelve months, liability shall, to the extent permissible, be limited to USD 100.
15.4 These limitations of liability do not apply to the extent mandatory law prohibits them.
16.1 You shall indemnify MYONCARE INC, affiliated companies, and their corporate bodies, employees, and representatives against all third-party claims arising from or in connection with:
• your provision of medical services
• breach of statutory or professional obligations
• content provided by you
• breaches of privacy, HIPAA, or security obligations within your responsibility
• impermissible use of the platform
16.2 Indemnification includes reasonable costs of enforcement, including attorneys’ fees, to the extent legally permissible.
17.1 MYONCARE INC may suspend access or terminate the contract extraordinarily if:
• a security risk exists
• misuse exists
• a material breach of these Terms of Use exists
• legal requirements require it
17.2 Upon termination, your right of use ends. Data exports or returns shall be carried out in accordance with the rules set forth in the main part or pursuant to a separate agreement.
17.3 Statutory retention obligations and rights to De-identified Data remain unaffected.
18.1 You must not use the platform if this violates US export control or sanctions regulations.
18.2 You represent that you are not listed on sanctions lists and that the use is not for prohibited purposes.
19.1 To the extent legally permissible, claims must be asserted individually. Class actions are excluded.
19.2 To the extent legally permissible, the parties waive a jury trial.
19.3 MYONCARE INC may, at its sole discretion, require that disputes be resolved by binding arbitration, to the extent permissible under applicable law. The place and rules of arbitration may be determined by MYONCARE INC, taking into account reasonableness.
You may opt out of this arbitration agreement by notifying MYONCARE INC thereof in writing within thirty (30) days after acceptance of these Terms of Use.
20.1 These Terms of Use shall be governed by and construed in accordance with the law of the US State of Delaware, excluding its conflict-of-laws rules.
20.2 To the extent legally permissible, the parties submit to the exclusive jurisdiction of the state or federal courts seated in the State of Delaware, USA, for all disputes arising from or in connection with these Terms of Use.
21.1 Legally relevant notices to MYONCARE INC may be made by email to the extent the main part permits written form as email.
• Service: service@myoncare.com
• Data Protection: dataprotection@myoncare.com
22.1 In the event of conflict, these supplementary provisions shall take precedence over the main part.
22.2 Provisions that by their nature are intended to survive shall remain effective after termination, in particular provisions on liability, indemnification, De-identified Data, dispute resolution, and applicable law.
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For older versions: Archive
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STATUS: MARCH 2026
These General Terms and Conditions (“Terms of Use”) govern the use of the myoncare App and the digital services provided through it (“myoncare Services”) and constitute the binding framework agreement between you and the respective company of the myoncare Group responsible for your place of use.
For users whose residence or habitual residence is in the European Union or the European Economic Area, ONCARE GmbH, Germany, is the provider and contractual partner.
For users whose residence or habitual residence is in the United States of America, myoncare Inc., USA, is the provider and contractual partner.
ONCARE GmbH is the manufacturer of the software and may provide services to US users exclusively as a technical service provider or subcontractor of myoncare Inc.
The second part of this document contains supplementary provisions for users in the United States of America (“US
Addendum”). These apply exclusively to US users and take into account the applicable legal framework there, in particular with regard to data protection, product liability, and regulatory requirements such as the Health Insurance Portability and Accountability Act (HIPAA). To the extent the US Addendum deviates from the other Terms of Use, the provisions of the US Addendum shall prevail for US users.
Please read these Terms of Use carefully. By registering, installing, or using the myoncare App, you agree to these Terms of Use. If you do not agree to these Terms of Use, you may not use the myoncare Services.
“Oncare” means ONCARE GmbH, headquartered in Germany, or — where applicable for users in the United States of America — myoncare Inc., USA, in each case as the provider of the myoncare Services in accordance with the applicable supplementary provisions.
“App User” means any natural person who uses the myoncare App; the term also includes users of the Progressive Web App (PWA), unless expressly stated otherwise.
“Privacy Policy” means the applicable privacy statement provided to you as an App User, describing how personal data are collected, processed, used, and stored and what rights you have.
“Healthcare Provider” means your physician, clinic, healthcare institution, or other healthcare professional who treats, cares for, or supports you, as well as persons or institutions acting on their behalf. To the extent the myoncare platform is also used by non-medical organizations or persons, these shall likewise be considered healthcare providers within the meaning of these Terms of Use, provided they use the platform within the scope of their respective legal authority.
“myoncare App” means the digital application for use of the services offered by Oncare by App Users; the term includes both native mobile applications and the Progressive Web App (PWA), unless expressly distinguished between them.
“myoncare PWA” means the Progressive Web App version of the myoncare App that can be used via an internet browser without installation from an app store.
“Interpretation of the term myoncare App” means that the term “myoncare App” in these Terms of Use, where factually appropriate and unless expressly stated otherwise, also includes the myoncare PWA. A distinction between myoncare App and myoncare PWA is made only where explicitly stated.
“myoncare Platform” means the web-based software solution for professional use by platform users as an interface between platform users and App Users.
“myoncare Services” means all services, functionalities, and offerings provided to App Users via the myoncare App and to platform users via the myoncare Platform.
“myoncare Tools” means the myoncare App, including the PWA, and the myoncare Platform collectively.
“Terms of Use for Patients” means these General Terms and Conditions for the use of the myoncare App, including the PWA, regardless of whether a medical treatment relationship with a healthcare provider exists, including use for informational, preventive, health, or organizational purposes.
“Platform User” means any natural or legal person, in particular healthcare providers, organizations, or their employees, who use the web-based myoncare Platform.
“Patient or User” Where the term “Patient” is used in these Terms of Use, it also refers to App Users who use the myoncare Services without an existing medical treatment relationship.
Oncare GmbH, a company registered with the Munich Local Court under registration number HRB 219909 and having its registered office at Balanstraße 71a, 81541 Munich, Germany (“Oncare,” “we,” “us”), operates the digital health platform myoncare, consisting of a web-based platform (“myoncare Platform”) and a mobile application (“myoncare App”). These enable access to digital services (“myoncare Services”).
Oncare provides exclusively the technical infrastructure and software. Oncare does not itself provide any medical services, diagnoses, therapies, or other healthcare services.
The myoncare Services serve the organization, documentation, communication, and support of health-related processes as well as the management of information in a healthcare context.
Through the myoncare App, you can interact with healthcare providers or other authorized users and exchange, store, or manage health-related information. Healthcare providers may be medical professionals or other organizations or persons acting within the scope of their respective legal authority.
Use of the myoncare App is possible both within the framework of an existing treatment relationship and independently thereof.
Any treatment contract is concluded exclusively between you and the respective healthcare provider, not with Oncare. Oncare is, in particular, not a physician, hospital, healthcare provider, or other service provider within the meaning of medical, professional, or social law regulations.
To use the myoncare App, you may either register upon invitation by a healthcare provider or independently create a user account. Depending on the context of use, different functions of the myoncare Services may be available.
Use of the myoncare Services does not establish a physician-patient relationship or any other treatment relationship between Oncare and the user.
The myoncare Services are designed as a universal digital platform and may be used in different usage contexts. The specific configuration of use depends on the functions activated in each case and on the participating platform users.
Use of the myoncare Services is at all times subject to these Terms of Use. No conflicting or deviating terms shall apply. Please note that you must accept these Terms of Use prior to first using the myoncare Services. Completion of the registration process is not possible without your consent to the Terms of Use.
The myoncare Services are provided exclusively as technical platform services. To the extent permitted by law, there is no entitlement to specific functions, content, medical services, or availability.
Oncare reserves the right to modify, restrict, expand, or discontinue functions, content, or Services at any time, provided that this is reasonable for the user or required for compelling reasons.
Individual agreements with healthcare providers or other third parties remain unaffected by these Terms of Use and do not create any obligations of Oncare toward the App User.
Where services are provided by third parties, Oncare acts solely as a technical platform provider and not as the contractual partner for such services.
The myoncare App is a digital application that enables you to record, manage, store and share health-related information, documents and data in a structured manner with authorized platform users. The use may take place both within the context of an existing medical treatment relationship and independently thereof.
Through the myoncare App, you may in particular record your own health data, medical documents, measurement values, findings, treatment information or other health-related information, or view content provided by platform users. The App serves as a central communication and organizational interface between you and the platform users.
Platform users have the possibility to provide you with information, notices, tasks, questionnaires, reminders, treatment plans as well as other content via the myoncare platform, provided that you have granted the corresponding access rights. The content made available via the platform may be generated by platform users, by you yourself or automatically. Oncare assumes no responsibility for the content of such information unless it has been expressly provided by Oncare itself. The use of the myoncare services serves exclusively the organizational, communicative and informational support of healthrelated processes. The myoncare App does not constitute medical treatment and does not replace personal medical consultation, diagnosis or therapy.
Where functions of the myoncare tools use automated analyses, algorithmic procedures or artificial intelligence, these are intended solely for support purposes and may produce incomplete, inaccurate or erroneous results. An independent professional review by qualified personnel is not replaced thereby.
You are solely responsible for which information you store, transmit or share with platform users in the myoncare App. Responsibility for medical content, recommendations or measures lies exclusively with the respective platform user insofar as such content has been provided by that platform user.
Oncare assumes no warranty for the accuracy, completeness, timeliness or suitability of the data and information provided or transmitted via the platform and provides no guarantee for specific health outcomes.
The myoncare Tools constitute a medical device classified as Class IIa under the European medical device regulations and bear a CE marking. This means that we have successfully completed a legally required conformity assessment procedure confirming compliance of the myoncare Tools with the essential requirements.
Under certain circumstances, myoncare may also be provided as a non-medical-device variant that does not offer all services but only adapted functionalities. For further information, please refer to the instructions for use.
The classification as a medical device relates exclusively to the software as a product and does not create any obligation on the part of Oncare to provide individual medical services to users.
The intended use is determined exclusively by the applicable instructions for use and the regulatory requirements. Any use outside the intended use is at the user’s own risk.
For us at Oncare GmbH, the protection of your privacy and all personal data relating to you during the use of the app is of great importance and significance. We are aware of the responsibility that arises from your trust in the provision and storage of your personal health data in the myoncare app. Therefore, the technology systems used for the myoncare Services are set up in accordance with high technical and organizational standards. Please read our Privacy Policy carefully to understand the purposes and the manner in which we process and protect your health data. After you have reviewed the Privacy Policy, you may also have the option to consent to the anonymization of your data.
Oncare is entitled to use anonymized data without restriction for its own economic purposes, in particular for research, development, validation, improvement, and marketing of products and services; for the creation of statistical evaluations, benchmark analyses, and scientific publications; as well as for licensing or providing such data to third parties for remuneration.
Anonymized data is not legally considered personal data. No separate consent from users is required for this use.
Anonymization is carried out in accordance with the state of the art and through the application of appropriate technical and organizational measures, ensuring that the identification of individual persons is not possible using reasonable means.
A progressive web app (PWA) is a website that looks and functions like a mobile application. PWAs are designed to leverage the advantages of native functions of mobile devices without requiring the user to access an app store.
The objective of PWAs is to combine the gap between applications and the traditional web by transferring the advantages of native mobile apps into the browser. The PWA is based on the technology “React.” “React” is an open-source software framework for PWA applications.
In order to use the myoncare PWA, patients / users require a computer or smartphone and an active internet connection. No app download is required.
The following information regarding the myoncare App also applies to the myoncare PWA unless otherwise specified in this section.
For App Users who use the App within a care, information, or usage context together with Platform Users, the following applies: The myoncare App enables you to consolidate various health pathways, data streams, and different healthcare providers on a single platform.
The myoncare App provides the following services:
• Direct communication with your healthcare providers, for example via video signaling and chat: You and your healthcare provider can interact in a technically secure environment to exchange questions, findings, care plans, and all other information that does not require a physical meeting. Your healthcare provider has access to the myoncare Platform via a separate professional account. The healthcare provider can communicate with you via the myoncare App. Within the myoncare App, you may decide which data you wish to share with your healthcare provider and which access and communication rights you wish to grant to him or her. On the basis of these granted communication and data-exchange rights, healthcare providers may provide you with individual information, treatment plans, care plans, and additional content, enabling you to benefit from a single healthcare platform with interface functions between you and your healthcare providers.
• Medication intake reminders: Healthcare providers have the possibility to provide their patients with regular reminders to take prescribed medications via the platform (“Regular medication intake reminder”). From version 1.12 of the myoncare Platform onwards, it is additionally possible to scan the standardized national medication plan (BMP) and transfer it digitally into the patient record. The BMP can either be scanned by the patient using the App or uploaded directly by the healthcare provider for the patient via the platform. If a BMP is uploaded, all previously activated medication reminders are automatically deactivated. The reminders are then reactivated according to the medications and intake times specified in the BMP. In addition, the patient is shown a reference within the App to the stored medication plan PDF. Manual assignment of new medication reminders by healthcare providers or patients is disabled after scanning or uploading a valid BMP for as long as this plan is considered current. Responsibility for the timeliness and accuracy of the BMP lies with the respective user, patient or healthcare provider.
• Health check-ups via direct in-app questionnaires: Your healthcare provider may request certain health parameters, for example measurements of your blood pressure, or other tasks and questions to which you can respond. This enables your healthcare provider to assess your health status.
• Management of reimbursement processes of your healthcare provider with payers, either the physician association or your health insurance provider.
• Integration of external technical service providers:
In addition, within the framework of individual pathways or telemedical services, external technical service providers — for example device manufacturers, distributors of diagnostic devices, or laboratory service providers — may be integrated. Where provided for in the respective pathway, these may supply health-related data, such as measurement values or laboratory findings, to your treating physicians via defined technical interfaces. The integration of such third-party service providers takes place exclusively within medical treatment contexts in which they act either as data-protection-bound processors subject to instructions or on the basis of your explicit consent.
The enabling of activity data transfer for selected values from your end device to the myoncare platform of your connected healthcare providers for the purpose of providing additional, contextualizing information regarding your activity to your healthcare providers, transfer from Google Fit or Withings for Android devices or from Apple Health or Withings for Apple devices.
We are continuously working on new myoncare services and their improvements. Therefore, additional or improved myoncare services may be made available with future updates of the myoncare App.
In addition, health data entered by the user via the myoncare App, contents of the Medical Profile, uploaded medical documents as well as measurement or activity data transmitted via connected devices or health platforms may be made visible to authorized healthcare providers within the platform, provided that a corresponding connection between the user and the healthcare provider exists.
Which data can be viewed by a healthcare provider in an individual case depends on the access and sharing permissions granted by the user within the platform.
The myoncare App neither provides medical advice nor makes medical diagnoses. Rather, it provides a technical platform for digital interaction between users and platform users. Medical services are provided exclusively by appropriately qualified medical professionals.
The myoncare tools may support platform users in decision-making, care or organization by providing information.
The myoncare App provides two types of information:
• generally available content that is accessible to all users, including self-registered users • content that is individually provided by platform users
Generally available information and materials are intended solely for informational and educational purposes. They do not constitute medical advice and do not replace professional diagnosis or treatment. If you have health-related questions, always consult qualified medical professionals.
Individual content made available to you through the platform, such as care plans, recommendations or organizational notices, is created, selected or provided independently by the respective platform user. Responsibility for this lies exclusively with the respective provider of such content.
Oncare does not review such content and is not responsible for its accuracy, completeness or suitability. Platform users who use myoncare to interact with you or to provide recommendations are solely responsible for their content.
Oncare does not promise any specific health-related or other outcomes and does not recommend any particular healthcare provider or service provider. The use of the myoncare services does not replace personal consultation, diagnosis or treatment by qualified professionals.
If you believe that you are experiencing a medical emergency, immediately contact a physician, emergency services or another appropriate emergency facility.
The myoncare tools serve exclusively for the organizational, communicative and informational support and do not replace independent professional decision-making by qualified persons.
Where technical functions for the automated processing of documents are provided within the myoncare App, these serve solely as technical support for the recording of information.
This applies in particular to functions for automated text recognition (OCR), by means of which content from uploaded documents, for example laboratory reports or findings, can be read and displayed in a structured form for simplified entry. These functions serve solely as technical support for data entry. No medical evaluation, interpretation or analysis of the content takes place in this context.
The extracted information is displayed to the user solely for verification and may be manually confirmed, corrected or rejected by the user. Responsibility for the medical evaluation of the information lies exclusively with the respective healthcare providers.
DO NOT USE THE MYONCARE APP FOR MEDICAL EMERGENCIES
Contraindication: The myoncare App must not be used by patients whose central nervous system is impaired by a disease or related conditions such that, due to mental or physical impairments, they are unable to use mobile devices without supervision. Furthermore, myoncare should not be used if any other illness or condition of a patient results in mental or physical impairments that prevent the patient from using mobile devices without supervision.
By registering for the myoncare Tools, you confirm that you
• are at least 18 years of age
• are legally permitted to enter into a contract with Oncare under applicable law and
• are not affected by any of the above contraindications and are therefore capable of operating mobile devices You further confirm that you will use the myoncare App only as intended and in accordance with these Terms of Use. Oncare is not obligated to verify whether the above requirements are actually met in individual cases.
Before you can use the myoncare Services, you need a smartphone and an internet connection as well as the operating system iOS version 13 or higher or Android version 11 or higher. To download the app, simply go to the Apple App Store or the Google Play Store and search for the app “myoncare”. Then install it on your smartphone.
Your healthcare provider will provide you with the registration details, for example a QR code, in an invitation letter or via the myoncare platform.
Once you have downloaded the myoncare app, you can register for the app by following the registration process initiated by the app:
• Scan QR code: If you have received the registration details from your healthcare provider, you must allow access to your camera and scan the QR code by viewing the code through the screen window.
• Unique registration password: The use of the myoncare app with the registration details of your healthcare provider is secured by a so-called One Time Password (OTP).
The OTP is sent by email to the email address provided during registration.
• Data verification: Verify your name and date of birth that you provided during registration.
• Consent to the Terms of Use: Please read and review the Terms of Use and the Privacy Policy carefully. If you agree with the contents of the Terms of Use, please confirm your acceptance.
• Allow push notifications: Allow myoncare to send you push notifications. Otherwise, you may not be able to use certain functions of the app, for example reminders to take medication.
Login: You are now logged in and can use the app.
By registering, you confirm that the information provided during registration is truthful, accurate, current, and complete. You are obliged to immediately update your personal data in the event of any changes.
Oncare reserves the right to reject registrations without stating reasons or to suspend accounts if there are legitimate grounds for doing so.
Once you have completed the registration process and provided your consent to these Terms of Use and the Privacy Policy, this constitutes your binding offer to Oncare to enter into an agreement for the use of the myoncare App. Please note that we are not obligated to approve your registration or accept your contractual offer. We may accept your offer by approving your registration data and activating your initial access to the myoncare App. There is no entitlement to the conclusion of a user agreement.
After successful registration and activation of your account in the myoncare App, you may access and use the App. Use of the App is at your own risk and at your own expense.
Registration and downloading of the myoncare App are free of charge, except for the costs of your standard internet and telecommunications provider. You may use the App for the duration of your contract with Oncare.
Within the App, paid content, such as care plans, tests, or similar services, may be purchased. Please clarify in advance with your health insurance provider whether reimbursement is possible. Additional services may only be charged with your explicit consent.
Use of the App must comply with applicable laws and these Terms of Use. Misuse, unlawful use, or use that endangers security is prohibited.
Personal content, such as health data, images, illustrations, photographs, or texts, may be stored, published, transmitted, or distributed in the myoncare App only if the App User has the right to do so.
The user is solely responsible for the content posted or transmitted by them and must ensure that it does not infringe third-party rights and does not violate applicable law.
The user grants Oncare a non-exclusive, worldwide, royalty-free right to technically store, process, and use such content for the provision of the myoncare Services, insofar as this is necessary for the operation of the platform.
You undertake not to misuse the myoncare App, in particular not to store or transmit unlawful content, not to infringe third-party rights, and not to circumvent security mechanisms.
Oncare is entitled to block or remove content and to restrict functions where necessary to avert security risks, to comply with legal obligations, or to protect third parties.
Where paid content is offered or provided by third parties, this occurs under the responsibility of those third parties. Oncare shall not become a contractual partner in this respect unless expressly stated otherwise.
All rights, title, and interest in the myoncare Tools, myoncare Services, all associated software, codes, methods, systems, all other materials, as well as the content that may be presented via or accessed through the myoncare App, and all goodwill associated with the foregoing (“Material”) are the exclusive property of Oncare or third parties that have made such material available to the myoncare Tools and have granted Oncare or your healthcare provider a license (for example third-party software or third-party care plans). Accordingly, such materials may be protected by copyright and competition law and may not be reproduced, copied, modified, reproduced, republished, transmitted, transferred, licensed, translated, sold, or otherwise made available to third parties in whole or in part unless expressly permitted in writing or by law. Furthermore, you are not permitted to take any measures to circumvent the security or content usage rules provided or to attempt to derive the source code from the myoncare App.
Upon registration and activation of your account for the myoncare App, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to store and use a copy of the App and to use the material provided in the App for your private purposes on the basis of these Terms of Use and for the duration of our contract with you. You may not sell or transfer your personal account to a third party.
Oncare owns all confidential information and all rights of use, exploitation, and recovery relating to the myoncare Tools and any material associated with the Tools.
You are not permitted to use the logos, trademarks, domain names, or other intellectual property rights of Oncare.
To the extent necessary for the technical operation of the myoncare Services, you grant Oncare the right to store, reproduce, technically process, and transmit the content provided by you. This right is limited to the performance of the contract and the secure operation of the platform.
As a registered user of the myoncare App, you will receive personal login credentials, in particular a username and a One-Time Password (OTP), which enable you to access your user account.
You are obliged to treat your registration and access data confidentially and to protect them against access by third parties. The sharing of your user account or your login credentials with third parties is not permitted. Third parties may not be granted access to the myoncare App through your user account unless this is required by law or expressly permitted in these Terms of Use. You are responsible for all activities carried out through your user account. This applies in particular to actions of persons to whom you have granted access to your access or login credentials. Oncare assumes no liability for damages or consequences arising from unauthorized use of your user account by third parties, insofar as such use results from disclosure or insufficient protection of your access data.
You are obliged to protect your end device and the myoncare App installed on it by appropriate technical and organizational measures, in particular by using device locks, passcodes or comparable security mechanisms.
If you detect a breach of the confidentiality of your login credentials or have reason to believe that an unauthorized person has gained or could gain access to your user account, please inform us immediately. For this purpose, please send an email to service@myoncare.com.
Oncare is entitled to take appropriate security measures in the event of suspected security risks, unauthorized access or misuse of the user account. This includes in particular additional verification measures, adjustments to authentication procedures or temporary suspension of access to the user account.
We reserve the right to temporarily exclude access to the myoncare App without prior notice or to permanently revoke access and terminate the contract with you immediately, as well as to initiate legal action against you in the event of serious violations of the Terms of Use by you. Serious violations include, in particular:
• Providing false, inaccurate, outdated, or incomplete information during the registration process
• Infringement of ownership or intellectual property rights (for example transmitting, copying, publishing, or selling information contained in the myoncare App)
• Attempting to decrypt, remove, disable, damage, circumvent, or otherwise impair the security of the myoncare App
• Interrupting, destroying, or restricting the proper functionality of the myoncare App
• Taking any action that imposes an unreasonable or disproportionately large data load on the infrastructure of the myoncare App
• Using the myoncare App in a contract breaching way that leads or may lead to disputes, claims, fines, penalties, or other liability for Oncare or others
• Creating multiple user accounts for one person in the myoncare App
• Acting unlawfully in any other manner
You are solely responsible for all claims, fees, fines, penalties, and other liabilities incurred by us or others as a result of your breach of these Terms of Use and your use of the myoncare App.
Instead of termination, Oncare may initially take appropriate measures, in particular issuing warnings or temporarily restricting functions, provided this is appropriate in the individual case and no compelling reasons oppose such action.
You can find the myoncare App in app stores (for example Apple App Store or Google Play Store). The terms and conditions of the respective store providers generally apply there. We have no influence over these terms, and they are not part of our Terms of Use or the contractual relationship with you as an App User.
The myoncare Tools may also include certain software and/or services of third-party providers. In such cases, the use of such software or services is subject to the terms and conditions of those third parties, and you should read them carefully before accepting them.
The myoncare Tools contain or use components that have been published under open-source licenses. The respective licenses and copyright notices of the open-source projects are included in the software documentation or in the source code directory. Use of these open-source components is subject to the respective license terms. We assume no warranty or liability for opensource components and recommend that users review the applicable license provisions.
Where third-party services are integrated into a pathway or a specific service, this occurs either within a physician-led treatment context or on the basis of separate consent or commissioning by the responsible healthcare provider. Use of the myoncare Services must not violate applicable export control or sanctions regulations.
Oncare shall be liable without limitation for damages resulting from injury to life, body, or health, as well as for damages caused by intentional misconduct or gross negligence on the part of Oncare. In the event of a slightly negligent breach of material contractual obligations, Oncare shall only be liable for obligations the fulfilment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely (so-called “cardinal obligations”). In such cases, Oncare’s liability shall be limited to the typical, foreseeable damage at the time of contract conclusion. Otherwise, liability of Oncare for slight negligence is excluded. Liability under the German Product Liability Act (Produkthaftungsgesetz) and under other mandatory statutory provisions remains unaffected.
Oncare provides a technical infrastructure via the platform. Content, information, or recommendations may be provided by platform users or other third parties. Oncare assumes no liability for such content unless it constitutes Oncare’s own content or has been expressly adopted by Oncare as its own. The use of such content is at the user’s own risk. Oncare does not review such content unless explicitly stated otherwise. Oncare does not itself provide any medical or healthcare services and does not become a party to any treatment contract between the user and a medical professional. All medical decisions remain solely the responsibility of the treating medical professional.
Oncare shall not be liable for damages arising from use of the software for unintended purposes or in a manner not in accordance with its intended use, in particular in cases of manipulation of the software, unauthorized access to third-party accounts, or use outside the intended medical application context.
In the context of medically supervised treatment processes, external technical service providers—particularly device
manufacturers, distributors of medical devices, laboratory service providers, or other technical service providers—may be integrated into the use of the platform. These service providers act on behalf of and under the responsibility of the respective medical institution. Where such service providers transmit medical or other data to the platform via defined technical interfaces, Oncare assumes no liability for the functionality, accuracy, completeness, or timeliness of such data. This shall not apply where defective integration or technical connection is caused by Oncare intentionally or through gross negligence. Oncare does not adopt as its own any content or data transmitted by such third-party providers.
Oncare shall not be liable for damages caused by cyberattacks, unauthorized third-party access, security breaches, data loss, failures of communication networks, or other comparable events, unless such damages are due to a culpable breach of statutory or contractual obligations incumbent upon Oncare, in particular obligations to ensure a level of security in line with the state of the art.
The user is obliged to take appropriate organizational and technical measures to protect their devices, access credentials, and data. This includes, in particular, safeguarding access data against unauthorized access, using up-to-date security software and operating systems, and performing regular data backups. If the user breaches these obligations, Oncare shall not be liable for any resulting damages to the extent that such breach contributed to the damage.
The mandatory statutory provisions of Sections 327 et seq. of the German Civil Code (BGB) regarding digital products shall remain unaffected.
The myoncare Services and myoncare Tools are designed to be available 24 hours a day, 7 days a week. We have implemented the myoncare Services and Tools in accordance with currently available technical, economic, operational, and organizational capabilities and will continue to provide them accordingly. Furthermore, we reserve the right, but are not obligated, to monitor and update the settings regularly to comply with current standards. However, interruptions, disruptions, delays, faulty transmissions, or storage failures in the use of the myoncare Services and Tools (for example during update processes) cannot be excluded, and we are neither responsible for nor provide any guarantee or liability for such interruptions that may limit or prevent availability for a certain period of time. We are also not responsible for and provide no guarantee or liability for restrictions or interruptions caused by your mobile network provider (for example limitation of support for operating system versions).
The same applies to interruptions or restrictions if the myoncare App is affected by force majeure (for example war, natural disasters, strikes, etc.). In such cases, Oncare is released from all contractual obligations for the duration of the force majeure event. You may suspend use of the myoncare App in whole or in part at any time in such circumstances.
There is no entitlement to a specific level of availability or response time unless mandatory law provides otherwise.
We expressly reserve the right to amend these Terms of Use in the future at our sole discretion. Changes or additions may, for example, be necessary to comply with legal requirements, to reflect technical or economic developments, or to accommodate the interests of App Users or Platform Users.
Changes may be made at any time and will be communicated to you in an appropriate manner and within a reasonable period before they take effect (for example by providing revised Terms of Use upon login or by prior notice of material changes). We may ask you to review the amended Terms of Use and to expressly accept or reject them. In such cases, the amendment becomes effective at the time of your acceptance of the amended version. If you do not agree to the amended Terms of Use, you may not use the myoncare Services.
Where explicit consent is not legally required, changes shall be deemed accepted if you continue to use the myoncare Services after notification of the changes, unless mandatory law provides otherwise.
Oncare is entitled to transfer this agreement to an affiliated company as part of a corporate restructuring, sale, or transfer of business units, provided that the rights of users are not materially adversely affected.
You may terminate your account at any time by revoking the access rights granted to your healthcare providers (in the app under the tab “More” / Care Team / select and delete the Care Team). After termination of your account, you will lose all access to the myoncare app. Please note that in such a case we are technically unable to restore your data (this does not affect data stored by your service providers). The right to suspend or terminate the account for good cause in accordance with Section 16 shall remain unaffected. Before termination, you have the right at any time to export your data in a machine-readable format (e.g. JSON/PDF) pursuant to Art. 20 GDPR. After termination of the contract, Oncare is not obliged to retain data permanently.
Liability for the loss of data after termination of the contract is excluded, unless mandatory statutory retention obligations apply.
Where the term “written” is used in these Terms of Use, it also includes communication by email.
If any provision of these Terms of Use is or becomes wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. In place of the invalid provision, the applicable statutory law shall apply (§ 306 para. 2 German Civil Code – BGB). To the extent that statutory law does not provide a rule and supplementary contractual interpretation is required, the provision shall be deemed agreed which the parties would reasonably have agreed upon, in light of the purpose of the contract and their mutual interests, had they been aware of the invalidity at the time the contract was concluded. These Terms of Use do not create any rights in favor of third parties.
If you wish to contact us with general questions regarding the myoncare Services or specifically regarding the Terms of Use, please send us an email at service@myoncare.com.
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Supplementary Provisions for Users in the United States of America
(US Addendum to the Terms of Use for Patients)
These provisions supplement the foregoing Terms of Use exclusively for users whose residence or habitual residence is in the United States of America (US Users). They apply only where US law is applicable. To the extent this US Addendum deviates from the other Terms of Use, the provisions of this US Addendum shall prevail for US Users.
1.1 For US Users, myoncare Inc. (MYONCARE INC.) is exclusively the provider of the myoncare App and the myoncare Services, the contractual partner, and the liable entity.
1.2 ONCARE GmbH, Germany, is not a contractual partner for US Users. To the extent permitted by law, ONCARE GmbH assumes no contractual or non-contractual liability in connection with the use of the myoncare Services by US Users.
1.3 ONCARE GmbH may provide services to US Users exclusively as a technical service provider, sub-service provider, or subcontractor of MYONCARE INC.
1.4 MYONCARE INC. provides the myoncare Services exclusively as a technical platform. MYONCARE INC. does not provide medical services, diagnoses, or treatments. MYONCARE INC. is not a healthcare provider or service provider under US law.
1.5 Use of the myoncare Services does not establish a physician–patient relationship between MYONCARE INC. and the US User.
2.1 Medical services are provided exclusively by independent, appropriately licensed healthcare providers.
2.2 Healthcare providers are solely responsible for medical decisions, diagnoses, treatments, therapy plans, and compliance with professional and regulatory requirements, including telehealth rules, licensing requirements, and documentation obligations.
2.3 MYONCARE INC. does not review medical content for accuracy, completeness, or suitability for the individual user and assumes no responsibility in this regard.
3.1 The myoncare Services are not intended for medical emergencies.
3.2 In the event of acute or life-threatening symptoms, emergency number 911 must be called immediately or an emergency department must be contacted.
3.3 Use of the myoncare Services does not replace immediate medical care.
4.1 For US Users, the US Privacy Policy of MYONCARE INC. additionally applies. It forms part of the Terms of Use to the extent it has been validly incorporated.
4.2 To the extent protected health information (Protected Health Information, PHI) within the meaning of the Health Insurance Portability and Accountability Act (HIPAA) is processed, this is carried out by MYONCARE INC. as a Business Associate or Sub-Business Associate on the basis of a Business Associate Agreement with the respective Covered Entity.
4.3 ONCARE GmbH is neither a Covered Entity nor a Business Associate under HIPAA with respect to US Users. To the extent ONCARE GmbH provides services, this occurs exclusively as a technical sub-service provider on behalf of MYONCARE INC. and only within the framework of the contractual arrangements between MYONCARE INC. and the respective Covered Entity or Business Associate.
4.4 The scope of processing, security measures, and permitted uses of PHI may additionally be determined by the applicable Business Associate Agreement and HIPAA regulations.
4.5 MYONCARE INC. acts solely as a technology provider and does not provide healthcare services. The responsibilities of Covered Entities under HIPAA remain with the respective healthcare providers.
5.1 US user data may also be processed outside the United States, in particular in the European Union.
5.2 MYONCARE INC. ensures that appropriate technical and organizational measures are implemented to protect the data, including measures to ensure confidentiality, integrity, and availability.
6.1 To the extent permitted by law, MYONCARE INC. is entitled to create fully de-identified data from data, including PHI, collected through use (De-identified Data). De-identified Data are data processed according to recognized legal and technical standards such that identification of an individual is not possible and MYONCARE INC. has no reasonable basis to believe that the data could be used to identify an individual.
6.2 De-identification is carried out in accordance with HIPAA standards under 45 CFR 164.514, either by:
a) Safe Harbor, in particular by removing the identifiers specified in 45 CFR 164.514 and fulfilling the requirements set forth therein, or
b) Expert Determination, in particular by a qualified assessment that the risk of re-identification is very small, taking into account recognized methods.
6.3 MYONCARE INC. may use De-identified Data without restriction, in particular to:
a) evaluate them scientifically, statistically, and for regulatory purposes
b) use them for product and service improvement
c) employ them for research, analysis, AI, and machine learning purposes
d) combine them with other datasets
e) disclose them to third parties, license them, or sell them
f) commercially exploit them
6.4 Re-identification is not intended. To the extent permitted by law, re-identification is contractually prohibited. MYONCARE INC. may contractually require third parties to whom De-identified Data are disclosed not to attempt re-identification.
6.5 US Users have no claim to remuneration, participation, or any other consideration for the creation or use of De-identified Data.
6.6 These rights are unlimited in time and continue after termination of the user relationship.
6.7 Where mandatory legal provisions restrict the use of De-identified Data, such provisions shall prevail.
7.1 The US User undertakes to use the myoncare Services only in compliance with applicable law and these Terms of Use.
7.2 In particular, the following are prohibited:
a) unlawful, abusive, or fraudulent use
b) circumvention of or interference with security mechanisms
c) reverse engineering, decompilation, or derivation of source code, unless mandatory law permits this d) unauthorized access to systems or data
e) transmission of harmful content, malware, or comparable components
f) infringement of third-party rights
7.3 The user is responsible for the confidentiality of their access credentials and must notify MYONCARE INC. without undue delay of security incidents or unauthorized use.
8.1 Depending on the activated functions, MYONCARE INC. may provide notifications via push, email, telephone, or SMS, for example for account security, appointment and task reminders, or service information.
8.2 Where SMS or automated telephone communications are used, this will occur only with the user’s required consent, where legally required. The user may revoke SMS consent at any time, for example by opt-out instructions within the message or via settings, where available.
8.3 Standard fees of the mobile network provider may apply.
9.1 Use of the myoncare App may additionally be subject to the terms of the respective app store operators. Such terms apply independently of this contract.
9.2 MYONCARE INC. is not responsible for services provided by app store operators or other third-party providers.
10.1 To the extent permitted by law, the myoncare Services are provided as is and as available.
10.2 To the extent permitted by law, MYONCARE INC. provides no warranty or guarantee, in particular not with respect to: a) uninterrupted availability
b) absence of errors
c) fitness for a particular purpose
d) merchantability
e) non-infringement of third-party rights
f) outcomes or health improvements
10.3 MYONCARE INC. does not warrant that the myoncare Services will be compatible at all times with all devices, operating systems, or third-party systems.
11.1 To the extent permitted by law, only MYONCARE INC. shall be liable. ONCARE GmbH shall not be liable to US Users.
11.2 To the extent permitted by law, MYONCARE INC. shall not be liable for:
a) medical decisions and services of healthcare providers
b) indirect damages or consequential damages
c) lost profits, revenues, or expected savings
d) punitive damages or exemplary damages
e) data loss, loss of use, or business interruption
f) third-party claims in connection with user content or user conduct
11.3 To the extent liability cannot be excluded by law, it shall, to the extent permitted, be limited in the aggregate to the amount paid by the user to MYONCARE INC. in the last twelve (12) months, but at least USD 100.
11.4 Some US states do not permit certain limitations of liability. In such cases, the foregoing limitations apply only to the extent permitted by law.
The user shall indemnify MYONCARE INC., its affiliates, and their employees, corporate bodies, and representatives against all third-party claims arising out of or in connection with:
a) unlawful or contractual non-compliant use of the myoncare Services
b) infringement of third-party rights
c) transmission or publication of content by the user
d) non-compliance with applicable laws including reasonable costs of enforcement, to the extent permitted by law.
13.1 MYONCARE INC. may suspend user accounts, restrict functions, or terminate the contract if: a) security risks exist
b) misuse or legal violations occur
c) legal or regulatory requirements require such action
d) the integrity or availability of the platform is at risk
13.2 MYONCARE INC. may implement appropriate technical and organizational measures to prevent misuse.
Note: This section provides very strong protection. Depending on the go-to-market approach, it can be activated or included as an option. For maximum protection, I recommend it as set out below.
To the extent permitted by law, disputes between the user and MYONCARE INC. shall be resolved exclusively by binding arbitration and not before a state court. Excluded are claims that must mandatorily be brought before a court or applications for injunctive relief to protect intellectual property.
To the extent permitted by law, claims may be asserted only on an individual basis. Class actions and collective proceedings are excluded.
14.3 Waiver of Jury Trial
To the extent permitted by law, the parties waive trial by jury.
The arbitration shall be conducted under the applicable rules of a recognized arbitration institution. The seat of arbitration shall be, to the extent permitted, the registered office of MYONCARE INC. The language shall be English, unless mandatory law provides otherwise.
Where legally required or recommended, MYONCARE INC. may provide an opt-out procedure for new users that must be exercised within a specified period.
15.1 To the extent this US Addendum does not provide for arbitration, or to the extent claims must mandatorily be brought before a court, the law of the state in which MYONCARE INC. has its registered office shall apply, to the extent permitted by law, excluding its conflict-of-laws rules.
15.2 Exclusive jurisdiction shall be, to the extent permitted by law, the registered office of MYONCARE INC.
15.3 Mandatory consumer rights of individual US states remain unaffected.
16.1 MYONCARE INC. respects intellectual property rights. If a rights holder believes that content made available through the myoncare Services infringes rights, they may send a notice to the contact point designated by MYONCARE INC.
16.2 To the extent applicable, the notice should include the information required under the Digital Millennium Copyright Act, including identification of the protected work, the allegedly infringing content, contact details, and a statement made to the best of the notifier’s knowledge.
17.1 Use of the myoncare Services must not violate applicable United States export control or sanctions regulations.
17.2 The user represents that they are not resident in or located in a country subject to US sanctions and that they are not listed on sanctions lists, where applicable.
To the extent permitted by law, MYONCARE INC. may amend this US Addendum. Material changes will be communicated in an appropriate manner. Where consent is required, MYONCARE INC. will obtain such consent.
19.1 If any provision of this US Addendum is invalid, the remaining provisions shall remain valid.
19.2 Provisions which by their nature are intended to survive shall remain effective after termination of the contract, in particular provisions regarding De-identified Data, liability, indemnification, dispute resolution, and governing law.
The contact person for US Users is exclusively: myoncare Inc.
120 Wall Street, 20th Floor
New York, NY 10005
Email: dataprotection@myoncare.com (Data Protection)
Email: service@myoncare.com (Service)
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