Terms and Conditions

Standard Terms and Conditions (United States of america)

Welcome to myoncare, the digital health portal for efficient and needs-oriented patient care. These Standard Terms and Conditions (“Standard Terms”) form the basic agreement between you and Oncare GmbH as provider of myoncare Portal and explain the terms by which you may use myoncare Portal.

Please read the Standard Terms carefully to ensure that you understand each provision, as you will accept these Standard Terms by registering, installing and using the myoncare Portal. If you do not accept the Standard Terms, you will not be able to use myoncare’s Services.

We may change these Terms or modify any features of the Services at any time.

The Services are intended for use by residents of the United States. The information and our services are not directed at and may not be used by or distributed to, any person resident or physically present in any of the following U.S. states: California, Colorado, Hawaii, Louisiana, Ohio, Maryland, Montana, Nebraska, Nevada, New York, Tennessee, Texas, Utah, Virginia, Washington, Wyoming.

DEFINITIONS

App User” means any user of the myoncare App (patients).

“Health Care Provider” means you or any other doctor, clinic, health care institution or other health care professional acting on his / her own or on behalf of you or any other doctor, clinic or health care institution (intendend user).

myoncare App” means the myoncare mobile application intended for the use by patients who want to use the services provided by Oncare.

myoncare Portal” means the myoncare web-portal intended for professional use by Portal Users and functioning as interface between such Portal Users and patients as App Users.

myoncare PWA” means the myoncare Progressive Web App application for patients who wish to use the services offered by Oncare by the PWA  and not by the myoncare app.

myoncare Services” means the services, functionalities and other offerings which are or may be offered to Portal Users via the myoncare Portal and/or to App Users via the myoncare App, as applicable.

myoncare Tools” means both the myoncare App and myoncare Portal together.

Oncare“ means ONCARE GmbH, Germany.

Portal User” means you or any other Health Care Provider using the web-based myoncare Portal.

Privacy Notice” means our statement made to you as intended user of the myoncare Portal that describes how we collect, use and retain your personal information, and provides you with information on your comprehensive rights.

Registered Patient” means any App User treated by and connected with the Health Care Provider via the myoncare Portal.

Standard Terms” means these Standard Terms and Conditions for using the myoncare Portal.

GENERAL

Oncare GmbH, a company registered with the Munich Local Court with the Register number 219909 with its offices located at Balanstrasse 71a, 81541 Munich, , Germany, (“Oncare” or “we”, “us”, “our”) offers and operates an interactive portal (myoncare Portal) and mobile application (myoncare App) giving access to myoncare Services. myoncare is a digital health portal and data platform enabling efficient and needs-oriented patient care. myoncare Portal serves as digital platform to support interactions and networking of Health Care Providers with their patients via different microservices.

With myoncare, you will be able to interact with your patients and support them throughout their therapy. While you as Health Care Provider will get access to myoncare via myoncare Portal, your patients will be able to use myoncare via myoncare App. The aim of myoncare is the bundling of all your patient´s health data and the concentration of all medical treatments, opinions and processes in a safe place.

To use the myoncare Portal, you will be provided with the login details after successful installation of myoncare Portal. Installation can take place on-site or based on a cloud-solution, depending on your agreement with Oncare. In addition, your patients need to register on the myoncare App and connect with you to use the myoncare Services. For such registration and connection purposes, myoncare Portal will provide you with the possibility to generate a code for the patient.

Your use of the Services is at your own risk. The Services are provided “as is” without warranties of any kind, either express or implied, including without limitation warranties of title, merchantability, fitness for a particular purpose, non-infringement, or other violation of rights. We do not warrant the adequacy, currency, accuracy, likely results, or completeness of the Services or any third-party sites linked to or from the Services, or that the functions provided will be uninterrupted, virus-free, or error-free.

SCOPE

The use of myoncare Portal is always subject to these Standard Terms. No conflicting or derogating standard terms and conditions apply.

Please note that before using myoncare Services for the first time, you must accept these Standard Terms. The completion of the registration process is not possible without your consent to the Standard Terms.

OUR PRODUCT

myoncare Portal allows you to track and monitor the health data of all your Registered Patients by using a single digital health platform. With myoncare Portal, you will be able to have all data, such as diagnoses, medication, vital data, therapy and nursing plans, from your Registered Patients at hand to the extent your Registered Patient allows. myoncare Portal is designed to digitize your anamnesis and treatment and to help improve your therapy results.

Digital tracking with myoncare allows triage and prioritization of your Registered Patients. Additionally, complications and side effects can be detected.

You will also have the possibility to provide your Registered Patients with information, therapy and care plans etc., or administer reimbursement processes with cost payers.

MEDICAL DEVICE

The myoncare Portal is a medical device classified according to the European medical device provisions and is labelled with a CE-mark. This means that we have successfully performed a legally required conformity assessment procedure confirming the compliance of the App with essential requirements. In the US market the FDA has recommended enforcement discretion for myoncare and myoncare is 510(k) exempt. Myoncare is not available in all US States. Under certain conditions, myoncare can also be provided as a non-medical device variant, which does not offer all services, but only adapted functionalities. For further information, please read the instructions for use.

PROTECTION OF YOUR DATA

For us at Oncare, the protection of your privacy and any data relating to you is of major relevance and importance. We are aware of the responsibilities arising from your trust to provide and store your data in the myoncare Portal. Therefore, our technology systems used for myoncare Services are set up according to the highest standards.

The Service respects and upholds patient confidentiality with respect to protected health information as outlined by the Health Insurance Portability and Accountability Act (“HIPAA”), and, subject to HIPAA regulations, will obtain express patient consent prior to sharing any patient-identifiable information to a third party for purposes other than treatment, payment or health care operations.

Please read our Privacy Notice to further understand the purposes and how we collect, use and protect your data. After reading the Privacy Notice, you will have the option to consent to the Privacy Notice. If you give consent, the Privacy Notice will be part of the contract between you and Oncare. If you do not accept, you will not be able to use myoncare Portal.

myoncare PWA

A progressive web app (PWA) is a website that looks and behaves as if it is a mobile app. PWAs are built to take advantage of native mobile device features, without requiring the user to visit an app store. The goal of PWAs is to combine the difference between apps and the traditional web by bringing most of the benefits of native mobile apps to the mobile browser. The PWA is based on the technology of “React Native for Web”. “React Native for Web” is an open source software for PWA applications.

Before patients can use the myoncare PWA , they need a computer or smartphone and an active internet connection. An app does not need to be downloaded.

Some of the myoncare app services cannot be used within the myoncare PWA  as described below. These are the following services or specifications:

-Chat with a care team;

-Video calls;

-Security PIN codes;

-Activity data tracking (e.g. AppleHealth, GoogleFit, Withings).

The following information regarding the myoncare app also apply to the myoncare PWA , unless otherwise stated in this section.

WHAT MYONCARE PORTAL OFFERS

The myoncare Portal allows you to combine health streams and data of your Registered Patients to one single platform.

The myoncare Portal provides for the following Services:

  • Direct communication with your Registered Patients, e.g. via videosginalling and chat: You and your Registered Patients will be able to interact with each other in a technically secure environment to share questions, results, care plans and all other information exchange without physical meetings. Your Registered Patients will be able to communicate with you via myoncare App. Your patients can decide in the myoncare App which data they want to share with you as their Health Care Provider and which access and communication rights they want you to have. Based on these granted communication and data sharing rights, you will be able to provide your Registered Patients with individual information, treatment plans, careplans etc. based on the data they will make available to you;
  • Regular reminders for medication intake: You will be able to set medication alarms to remind your Registered Patients of the complete and timely intake of the drugs previously prescribed by you;
  • Health check-ups through direct in-app surveys: You will be able to request certain health parameters (e.g. measure your blood pressure) or other tasks and questions to which your Registered Patients can reply. You can thereby evaluate how your patients are doing;
  • Administration of your reimbursement processes with cost payers (either your Association of Statutory Health Insurances and/or your patient´s health insurer);

We are constantly working on new myoncare Services and their improvements. Therefore, additional or improved myoncare Services may be provided with future updates of the myoncare Portal.

YOUR LICENSES AND RIGHTS

The rights, title and interest in and to myoncare Tools, myoncare Services, all related software, codes, methods, systems, all other material as well as the content that may be presented or accessed through myoncare Portal or myoncare App and all goodwill associated with the foregoing (“Material”) are exclusively owned by Oncare or third parties which provided the Material to myoncare Tools and granted a license to Oncare or third parties Provider (e.g. third party software or third party care plans). Such Materials are protected by copyrights and competition law and may not be replicated, copied, modified, reproduced, republished, posted, transferred, licensed, translated, sold or made otherwise available, either in whole or in part, to any third person, if not explicitly allowed in writing or by statutory law. In addition, you are not allowed to take any action to circumvent or defeat the security or content usage rules provided nor try to derive source code from myoncare Portal.

With your registration and activation of your account for the myoncare Portal, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to save and use a copy of myoncare Portal and myoncare Services on the basis of these Standard Terms and during the term of our contract with you. You may not sell or transfer your personal account to any third person.

Oncare owns all confidential information, usage, exploitation and recovery rights of the myoncare Tools and any Material related to the Tools.

Our logo and other commercial identifiers We use in connection with the Portal and App are all trademarks and/or trade names belonging to Us or our third-party licensors, whether registered or not. No right, license, or interest to such trademarks or trade names is granted hereunder, and You agree that no such right, license, or interest shall be asserted by You with respect to such trademarks and/or trade names.

In addition, You will not plagiarize any third party’s material. You hereby agree that any content that you provide to the Portal or Patients does not and will not violate third-party rights of any kind. You hereby undertake to indemnify ONCARE for any claims brought by third parties related to any intellectual rights infringement.

COSTS FOR USING MYONCARE PORTAL

The use of myoncare Portal will be charged according to the agreed pricing model between Oncare and Health Care Provider (excluding third party expenses and charges for standard internet and telecommunication service provider). You will be able to use the Portal during the term of your contract concluded with Oncare.

Additional services may be charged with Health Care Provider´s consent.

Payments for such additional services  shall be based on the price list as stated at the time of acceptance by Health Care Provider and shall be subject to the applicable statutory sales tax.

PAYMENT TERMS

Unless otherwise agreed in the pricing model between Oncare and Health Care Provider, all payments are due and payable upon receipt of the invoice from Oncare. Unless expressly stated otherwise, all prices stated in these Standard Terms or in the myoncare Portal are in Euros and all payments are made in Euros. Oncare reserves the right to charge interest on late payments not exceeding one and a half percent (1.5%) per month or a fraction thereof, or the statutory maximum rate for failure to make a payment within thirty (30) days of the acceptance date. Health Care Provider’s obligation to pay all accrued fees shall survive the expiration or termination of this contract.

NO MEDICAL ADVICE

myoncare Tools as such do neither give any medical advice nor make any medical diagnoses but provides the platform to digitally monitor Registered Patients for their health condition and aid early detection of potential side effects.

myoncare Tools can be used by Health Care Provider to monitor patients for potential relapses of previously diagnosed conditions or diseases. For this purpose, the service also provides an indicator of the overall health status of each Registered Patient and notifies the Health Care Provider about changes to this status.

myoncare Portal may further support you by providing information to assist in medical decision-making and therapy.

The myoncare Portal is designed to provide for two different kinds of information to your Registered Patients: (i) Information freely available to all users (including self-registered users); and (ii) information provided to your Registered Patients by you as their Health Care Provider.

  • The information and material freely available on myoncare App are for information and education purposes only. They do not substitute professional medical advice or treatment.
  • The information and materials provided on the myoncare App by you to your Registered Patients (e.g. careplans) will be reviewed and selected by you based on your medical diagnoses and advice suitable for your Registered Patients and their individual health situation. Oncare, therefore, does not review any of the medical content and is not responsible for any medical content available in myoncare Tools. You as the Health Care Provider using myoncare to interact with your Registered Patients and to provide them with individual treatment proposals, careplans or other medical advice, will be solely responsible for the medical advice you provide to your Registered Patients via myoncare.

Oncare does not promise or warrant any particular results with respect to the health of your Registered Patients in connection with the use of myoncare App. The use of myoncare App by Registered Patients does not replace consultation with and diagnosis by a doctor.

DO NOT USE THE MYONCARE APP FOR MEDICAL EMERGENCIES.

WHO CAN USE MYONCARE SERVICES

myoncare Portal can be used by you as Health Care Provider.

Your Registered Patients must be at least 18 years old to use myoncare App.

Contra-indication: The myoncare Tools shall not be used in connection with patients affected by diseases of the central nervous system (CNS-related diseases) or conditions or by patients that are unfit to use hand-held devices unsupervised due to physical or mental disability.

You undertake to use the myoncare Tools exclusively in accordance with medical standards in routine patient care. Before using the myoncare Tools on a Registered Patient, you must ensure that the patient is suitable for the use of the myoncare Tools.

MAINTENANCE AND SUPPORT BY ONCARE

Maintenance and support for myoncare Tools: Subject to the terms and conditions set out in this section, Oncare will provide Health Care Providers with the maintenance and support services for the Oncare Tools as follows:

(i) Ensure the installation of myoncare Portal and the provision of initial training measures or materials for myoncare Tools at the Health Care Provider´s location specified;

(ii) provide support necessary to implement the myoncare Portal essentially in accordance with its documentation by providing suitable “fixes”, “patches” or “work arounds” for the problem or a process in subsequent release cycles of the myoncare Portal . Future releases to the current version will be made available to the Health Care Provider at no additional cost (but in order to provide the support described in this section (ii), the Health Care Provider agrees to report a problem to Oncare immediately and in line with the requirements set forth in the instructions for use.

(iii) a support desk for receiving Health Care Provider telephone calls for the first level diagnosis of product problems during the hours from 9am to 5pm. Munich time, Monday through Friday, excluding German national holidays. If Oncare is unable, after reasonable efforts, to bring the myoncare Tools into its functionality or into line with its documentation, this contract may be terminated with respect to the myoncare Tools at Oncare’s discretion (provided that all assistance has been provided as per this section). In such case, Health Care Provider shall be under no obligation to pay the license fee for myoncare Services. In the event that this contract is terminated during the first one-year limited warranty period for an Oncare Tool, Oncare will reimburse the Health Care Provider for the licence fee pro rata to the extent that the Health Care Provider has paid licence fees for the myoncare Tool or myoncare Service. Oncare is not liable for the misuse or modification of the myoncare Tool by the Health Care Provider or the installation modification onsite by the Health Care Provider´s IT administration. New myoncare Services are not included in Oncare’s standard maintenance and support services and are offered to the Health Care Provider at Oncare’s then current published prices.

Expenses for maintenance and support: Maintenance and support during the warranty period for an Oncare Tool, which is limited to one (1) year, is included in the purchase price. After the warranty period limited to one (1) year, Oncare will continue to offer Health Care Provider support services that provide extended maintenance and assistance as described in the section above on an annual basis. This is subject to the Health Care Provider paying Oncare the annual maintenance and support fee in advance.

Automatic renewal: Oncare’s obligation to provide maintenance and support services and Health Care Provider’s obligation to pay the maintenance and support fees applicable here will be automatically renewed on the anniversary date of acceptance, unless Oncare or the Health Care Provider gives the other party at least thirty (30) days’ notice. If the annual maintenance and support fees are increased in comparison with the previous year, the Health Care Provider may counteract such automatic renewal by giving notice of termination within fifteen (15) days of receipt of the invoice from Oncare in writing. Failure by Oncare to provide ongoing annual maintenance and support shall not constitute grounds for termination of this contract but shall only constitute a basis for termination of the parties’ future obligations in respect of maintenance and support.

Limitations on Oncare’s obligations: Health Care Provider understands and agrees that Oncare may develop and market new products and services that use some or all of Oncare´s technologies and perform some or all of the functions of the myoncare Tools. Nothing in this agreement gives the Health Care Provider any right in respect of new or other products.

Obligations of the Health Care Provider: The Health Care Provider shall:

(i) carry out routine maintenance as required by the documentation for the myoncare Tools

(ii) ensure appropriate ambient conditions at the place of use in accordance with the documentation;

(iii) immediately let Oncare install new updates of the myoncare Tool product if requested by Oncare;

(iv) allow adequate time during normal business hours for the necessary installation and training on site;

(v) carry out other routine maintenance procedures as Oncare may reasonably require from time to time;

(vi) ensure all information you provide through the Portal is accurate, complete and correct;

(vii) maintain all professional licenses or other certifications required under applicable law to provide medical care, treatment and other services provided through the Portal in the appropriate jurisdiction;

(viii) use the Portal only for your benefit and the benefit of your patients;

(ix) not use the Portal for any illegal or unauthorized purpose; and

(x) obtain and maintain the authority and necessary patient consent to upload any information to the Portal, and stop using the Portal immediately to initiate communications with patients who have withdraw the consent provided to you.

Oncare is not responsible or liable if any third-party provider is unable to maintain or provide support for third party products.

HOW CAN YOU REGISTER TO MYONCARE PORTAL

Before you can use the myoncare Portal, you will need to register. You will be provided with your registration details by Oncare, after myoncare Portal has be successfully installed and after the product training has been passed.

CONCLUDING THE CONTRACT

Once you have completed the registration process and provided your consent to these Standard Terms and to the Privacy Notice, this constitutes your binding offer to Oncare to agree on the usage of myoncare Portal. Please note that we are not obliged to approve your registration or to accept your offer of contract. We may accept your offer by approving your registration data and activating your initial access to the myoncare Portal.

HOW CAN YOU USE THE MYONCARE PORTAL

After successful registration and activation of your account on myoncare Portal, you are welcome to access and start using the Portal. The use of the myoncare Portal is at your own risk. In particular, you are fully responsible for all activities that occur under your account.

Personal content, such as health data, pictures, images, photos, texts etc. may only be stored, published, transferred or distributed in myoncare Tools, if Health Care Provider has the right to do so.

HOW CAN YOUR PATIENTS REGISTER TO MYONCARE APP

Before your patients can use the myoncare App, they will need a smartphone, an internet connection and the iOS (version 12 or higher) or Android (version 8 or higher) operating system. To download the app, they need to go to the App Store (Apple) or Google Play Store (Android) and search for the App “myoncare”. Then they must install it on their smartphone.

Your patients can either self-register on myoncare or you as their Health Care Provider may provide them with the registration details (QR code, e.g. in an invitation letter or through the myoncare Portal).

  • Generate QR-Code: In order to generate the registration details, you need to create a new patient profile in the myoncare Portal (“ad a patient”) or have the patient data transferred via HL7 format. Once you have filled in the required data you need to click on „generate registration letter“ and the myoncare Portal will generate a QR-Code.
  • Scan QR-code: Your patient will have to allow access to the camera of his/her smartphone and scan the QR-code by looking at the code through the on-screen window.
  • Self-Registered Patients: Patients that have self-registered for myoncare App can be connected to the myoncare Portal by scanning the QR-code generated by you after adding the patient in the myoncare Portal (see above).

With the registration you confirm that the information included in the registration process is true, accurate, current and complete. You will be obliged to regularly update your personal as well as the site information in case of changes.

YOUR ACCOUNT

As a registered user of myoncare Portal, you will have your log-in information, including a username and a password.

You must protect your registration data and may not share your account and log-in information with any third party. In addition, except as required by law or expressly confirmed in these Standard Terms, you will not permit any third party to have access to myoncare Portal using your account. Oncare has no liability for any consequences from the use of your account by any third party. In particular, you are fully responsible for all activities under your account that are based on the unlawful access to or use of myoncare Portal by someone to whom you gave access or log-in data.

You will inform us immediately of any breach in secrecy of your log-in information or if you have reason to believe that your account has been accessed by a third party by e-mailing us at privacy@myoncare.com.

As a condition for Your registration and creating an Account, you hereby acknowledge, represent and warrant that:

You are fully qualified under the laws of the country where you conduct your practice and any other relevant law, with no reservations or restrictions other than as applicable generally to all medical practitioners, to practice medicine and to provide services of the type offered by You to Patients under the Portal;

You are solely and exclusively liable for Your conduct via the Portal, and for any content which would be posted, transmitted and/or transferred by You or on Your behalf, including without limitation, any content that is transmitted by You to any of the Patients. You acknowledge and agree that neither ONCARE, nor any of its affiliates, will be deemed as provider or recipient of any of Your Services which you provide to any of the Patients.

In addition, You hereby acknowledge that time is of the essence in the communication with the Patients who may contact you seeking advice and/or consulting service from you as a Practitioner. For the avoidance of doubt, ONCARE does not review the content of any communication between You (as a Practitioner) and a Patient with whom you communicate through the Portal/App and/or to whom You provide Your Services or contemplate to do that, with the exception of reviews and monitoring of content of such communication for technical support.

You will perform Your Services with professionalism and care in accordance with the highest standards applicable to Your Services and/or field of practice, or in general. You shall at all times ensure that offering and provision of Your Services to the Patients are in compliance with any laws and regulations, including rules of professional and ethical conduct, applicable to Your profession and area of practice in Your own jurisdiction.

REPRESENTATIONS BY YOU

We reserve our right to temporarily lock out or permanently withdraw the right to access myoncare Portal without prior notice and immediately terminate the contract with you as well as to initiate legal proceedings against you in case of serious violations of the Standard Terms by you. Serious violations in particular include

  • Provision of false, incorrect, out-of-date or incomplete information during registration process;
  • Infringement of any proprietary or intellectual property rights (e.g. transferring, copying, publishing or selling information found on myoncare Portal);
  • Attempt to decrypt, remove, disable, damage, circumvent or otherwise interfere with the security of myoncare Portal;
  • Interrupt, destroy or limit the proper functionality of myoncare Portal;
  • Take any action imposing an unreasonable or disproportionately large load of data on myoncare Portal infrastructure;
  • Use myoncare Portal in a manner that results in or may result in disputes, claims, fines, penalties or any other liability to Oncare or others;
  • Act in any other unlawful manner.

You undertake to use the myoncare Portal exclusively in accordance with the applicable laws (including labor law and data protection).

You are solely responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by or arising out of your breach of these Standard Terms and your use of myoncare Portal.

INFORMATION DUTIES

You undertake to inform Oncare of any “incident” or “serious incident” within 48 hours of becoming aware of it. You shall only inform Oncare of such incidents that may, based on your assessment, be associated with the myoncare Tools. An ‘incident’ means any malfunction or deterioration in the characteristics or performance of a device made available on the market, including use-error due to ergonomic features, as well as any inadequacy in the information supplied by the manufacturer and any undesirable side-effect; and a ‘serious incident’ means any incident that directly or indirectly led, might have led or might lead to any of the following: (i) the death of a patient, user or other person, (ii) the temporary or permanent serious deterioration of a patient’s, user’s or other person’s state of health, (iii) a serious public health threat.

You shall also immediately provide Oncare with an anonymized record containing de-identified data that are necessary and relevant for Oncare to comply with the reporting obligations under medical device law.

COMPLIANCE

Oncare and the Health Care Provider undertake to comply with all applicable anti-corruption legislation when providing and using the myoncare Tools as well as myoncare Services. This obligation includes in particular the prohibition of unlawful payments or the granting of other unlawful advantages to public officials, business partners, their employees, family members or other partners, and the prohibition of accelerated payments to public officials or other persons.

Oncare and the Health Care Provider shall support each other in taking measures to prevent corruption and, in particular, shall inform each other immediately if they have knowledge or a concrete suspicion of cases of corruption that are related to these Standard Terms, the commercial agreements or their fulfillment in a concrete way.

To the extent applicable, Oncare will be a “business associate” of yours (as defined in the Health Insurance Portability and Accountability Act of 1996, as amended (collectively, “HIPAA”)) for purposes of HIPAA.

THIRD PARTY LINKS AND SERVICES

myoncare Tools may include certain third-party software and/or services. In this case, the use of such software or services is subject to the terms and conditions of these third parties and you should carefully read them before acceptance.

LIMITED WARRANTY

Oncare warrants that the myoncare Tools will operate in accordance with its current documentation for one (1) year from the date of installation as set forth in the installation note, provided it is properly installed and operated.

In case of field safety corrective actions Oncare (or the Health Care Provider on behalf of Oncare) have the right to restrict access to the myoncare Tools, update it with short notices or perform other actions as required.

Health Care Provider is obliged to inform ONCARE immediately and describe any fault adequately, should any myoncare Tool during such period of one (1) year provide malfunctions. An adequate description also includes a description of the circumstances in which the error occurred. Oncare’s sole obligation and the Health Care Provider’s exclusive remedy in this situation is then to have Oncare take corrective action free of charge in accordance with Oncare´s MAINTENANCE AND SUPPORT obligations as set forth above. Oncare does not guarantee that any myoncare Tool is free from defects or that its use will be uninterrupted. Oncare is not obliged to remedy any defect of a myoncare Tool that cannot be adequately reproduced. The guarantees in this section do not apply to myoncare Tools which:

(i) have been modified; except by Oncare or in accordance with Oncare’s written instructions;

(ii) used in conjunction with products other than the designated device or other products;

(iii) are operated using an abnormal or incorrect procedure/process or against the instructions and warning notes set forth in the instructions for use; or

(iv) damaged by improper supply of electrical power or in improper environments, misuse, accident or negligence.

INDEMNIFICATION

You agree to defend, indemnify and hold harmless Us, and our affiliates, and the respective officers, directors, employees, shareholders and agents, from and against any and all claims, damages, suits, judgments, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorney’s fees) arising from:

(i) Your use of  the Portal;

(ii) Your violation of any term of these Terms;

(iii) Your violation of any third party rights, including without limitation any intellectual property rights or privacy right;

(iv) any damage of any sort, whether direct, indirect, special or consequential, You may cause to any third party by using the Portal;

(v) any claim, action or demand made in connection to Your Services offered/provided to the Patients, or content and material provided to Patients;

(vi) a determination by a court or agency that You are not an independent contractor; and

(vii) Your failure to provide Your Services in accordance with applicable laws and regulations, including rules of professional and ethical conduct applicable to You.

This defense and indemnification obligation will survive these Terms. You hereby agree to maintain and continue to maintain, at Your own costs and expense, adequate insurance required under applicable law and regulations applying to provision of Your Services.

DISCLAIMER

YOU ACKNOWLEDGE AND AGREE THAT THE MYONCARE TOOLS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF THE MYONCARE TOOLS ARE AT YOUR SOLE RISK. ONCARE AND ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AND AGENTS (COLLECTIVELY “RELATED PERSONS”) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND WITH RESPECT TO THE PLATFORM, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AVAILABILITY, SECURITY, ACCURACY, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING, SPEED OF DELIVERY, OR ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.

YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE MYONCARE TOOLS ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS (E.G., 911) BY VOICE OR SMS TO ANY EMERGENCY SERVICES. NEITHER ONCARE NOR ITS RELATED PERSONS WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE, OR LOSS (AND YOU WILL HOLD ONCARE AND ITS RELATED PERSONS HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE MYONCARE TOOLS TO CONTACT EMERGENCY SERVICES.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER ONCARE NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE MYONCARE TOOLS. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, RELIABILITY, OR USEFULNESS OF THE MYONCARE TOOLS. FURTHERMORE, ONCARE DOES NOT WARRANT THAT THE MYONCARE TOOLS WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, OR THAT THE USE OF THE MYONCARE TOOLS AND/OR INFORMATION OBTAINED THROUGH THE MYONCARE TOOLS WILL NOT CAUSE ANY DAMAGE TO YOUR MOBILE PHONE OR COMPUTER OR LOSS OF DATA.

LIMITATION OF LIABILITY

Oncare shall only be liable for any losses, damages or injuries caused through fault or gross negligence on its part. To the fullest extent permitted by law, Oncare shall not be liable for indirect, special, punitive or consequential damages. To the fullest extent permitted by law, in no event shall the total liability of Oncare for any damages, claims or liability arising under these terms exceed the total amount of payments actually paid by you to us within the immediately preceding twelve (12) months prior to the date the liability first arose.

In particular, Oncare shall not have any liability regarding the truthfulness, (medical) accuracy or reliability of content posted, disclosed or recommended by Portal Users or any other third party (e.g. providers of pharmaceuticals or medical devices). Health Care Provider accepts that any reliance on Material posted by Portal Users or other third parties will be at Health Care Provider´s own risk.

Health Care Provider acknowledges that he/she/it is in a better position than Oncare to take reasonable precautions to protect the Health Care Provider against loss or damage to software or data or against losses resulting from a failure of computer systems. The Health Care Provider agrees that he/she/it:

  • at reasonable regular intervals (based on the importance of the software or data in question and the speed with which it changes during use), make backup copies of (i) the myoncare Tools and Services and all related data; and (ii) any other software or data installed on their systems
  • implements backup systems (whether computer-based or manual) to enable, as far as possible, the operation of the relevant parts of the business in the event of an error or malfunction by the myoncare Tools in use

Subject to the limitations set forth above, and without limiting of the foregoing disclaimers or limitations of liability, Oncare shall not be liable for losses incurred by the Health Care Provider to the extent that such losses would have been prevented by taking reasonable precautions in accordance with this section.

AVAILABILITIY AND FORCE MAJEURE

The myoncare Services and myoncare Tools are designed to be available 24 hours, 7 days per week. We have set up and will make myoncare Services and Tools available in accordance with the technical, economic, operational and organizational capabilities currently available. Moreover, we reserve the right, but have no obligation, to monitor and update the settings on a regular basis to comply with actual standards. However, we cannot exclude any interruption, disturbances, delays, incorrect transmissions or storage failures regarding using myoncare Services and Tools (e.g. during update procedures) and will neither be responsible, nor accept any guarantee or liability for any such interruptions which might restrict or prevent availability for a certain period of time The same applies to temporary or final restrictions of access or withdrawal from the market due to required field safety corrective actions. We are not responsible, nor accept any guarantee or liability for any restrictions, limitations or interruptions caused by your web provider .

No party to this Terms shall be liable to the other for any failure to perform any obligation under any Terms which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood, epidemic, pandemic, or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any party to this Terms affected by such event shall forthwith inform the other party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any Terms contained herein.

MODIFICATIONS TO STANDARD TERMS

We explicitly reserve our right to modify these Standard Terms in future at our own discretion. Modifications or additions may, for instance, be necessary to meet statutory requirements, correspond with technical and economic developments or to meet the interests of the App or Portal Users.

Any modifications are possible at any time and will be published in an appropriate manner and in an appropriate time frame to you before they take effect (e.g. by posting revised Standard Terms at login or by providing advance notice to you of material changes).

We may sometimes ask you to review and to explicitly agree to or reject modified Standard Terms. In such cases, modification will be effective at the time of your consent to the modified version. If you do not provide your consent to the modified Standard Terms, you will not be able to use the myoncare Portal and the myoncare Services.

TERMINATION

Termination by Oncare: Oncare is entitled to terminate this contract by giving three (3) months prior written notice to the Health Care Provider.

Oncare is entitled to terminate this contract immediately by giving written notice to the Health Care Provider and without further obligation or liability to the Health Care Provider

  • if the Health Care Provider is in default of payment of any amounts due under this contract and this breach has not been remedied within thirty (30) days of a written reminder from Oncare or
  • if the Health Care Provider commits any other breach of this agreement.

Termination by the Health Care Provider: The Health Care Provider is entitled to terminate this contract by giving Oncare written notice to that effect, without any further obligation or liability to Oncare, if Oncare breaches an obligation under this contract and does not remedy the breach within thirty (30) days of written notification by the Health Care Provider describing the breach in reasonable detail.

Consequences of termination: If this contract is terminated for any reason whatsoever, the license and all other rights granted to the Health Care Provider for the myoncare Tools and myoncare Services shall expire immediately and the Health Care Provider shall cease using the myoncare Tools immediately. Furthermore, Health Care Provider must immediately:

(i) return the myoncare Portal to Oncare together with all reproductions and modifications of the myoncare Portal and all copies of documentation, notes and other materials relating to the Oncare Portal;

(ii) remove all copies of the Oncare Portal or any part of it from all intended devices and from any computer storage device or medium on which the Health Care Provider uses it by other persons; and

(iii) provide a written attestation that the Health Care Provider has fulfilled all its obligations under this section.

Oncare will provide you with a back-up file of your current data in a customary, readable format.

WRITTEN FORM

If in these Standard Terms the term “in writing” is used, this shall include communication via e-mail or fax.

SEVERABILITY

In the event that any term or provision of these Standard Terms is declared void or unenforceable by any court having competent jurisdiction, the remainder of the provisions will remain in full force and effect to the fullest extent permitted by applicable law. In place of the invalid or unenforceable provision, or to fill a contractual gap, such valid and enforceable provision shall apply which reflects as closely as possible the economic interest of both parties.

CONTACT US

In case you wish to contact us with general questions regarding myoncare Services or specifically the Standard Terms, please email us at info@myoncare.com.

CHOICE OF LAW AND JURISDICTION

This Agreement and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Delaware including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. Any action brought by any party hereto shall be brought within the State of New York, New York City.

Last Updated on 21 August 2023

Welcome to myoncare, the digital health portal for efficient and needs-oriented health protection and support for corporate health management programs. These Standard Terms and Conditions (“Standard Terms”) form the basic agreement between you and Oncare GmbH as provider of myoncare App and explain the terms by which the App can be used.

These Standard Terms must be accepted by registering, installing and using the myoncare App. If you do not accept the Standard Terms, it will not be able to use myoncare’s Services.  

DEFINITIONSApp User” means any user of the myoncare App.

Blockchain” technology is an optional offered service, it is not mandatory. Your Health Care Provider may choose to add the Blockchain optional service to the terms of this agreement.

Health Care Provider” means you or any other doctor, clinic, health care institution or other health care professional acting on his / her own or on behalf of you or any other doctor, clinic or health care institution (intendend user).

myoncare App” means the myoncare mobile application intended for the use by patients who want to use the services provided by Oncare.  

myoncare Portal” means the myoncare web-portal intended for professional use by Portal Users and functioning as interface between such Portal Users and App Users.

myoncare Services” means the services, functionalities and other offerings which are or may be offered to Portal Users via the myoncare Portal and/or to App Users via the myoncare App, as applicable.  

myoncare Tools” means both the myoncare App and myoncare Portal together.

Privacy Notice” means our statement made to you as intended user of the myoncare App that describes how we collect, use and retain your personal information, and provides you with information on your comprehensive rights.  

myoncare PWA” means the myoncare Progressive Web App application for patients who wish to use the services offered by Oncare by the PWA  and not by the myoncare app.

Standard Terms” means these Standard Terms and Conditions for using the myoncare Portal.

Oncare“ means ONCARE GmbH, Germany.

Portal User” means a Health Care Provider using the web-based myoncare Portal.

GENERAL

Oncare GmbH, a company registered with the Munich Local Court with the Register number 219909 with its offices located at Balanstrasse 71a, 81541 Munich, Germany, (“Oncare” or “we”, “us”, “our”) offers and operates an interactive portal (myoncare Portal) and mobile application (myoncare App) giving access to myoncare Services. myoncare is a digital portal and data platform enabling efficient and needs-oriented health protection and support for corporate health management programs.

With myoncare, you are able to interact with your Health Care Provider. While your Health Care Provider will get access to myoncare via myoncare Portal, the patient as App User will be able to use myoncare via myoncare App. The aim of myoncare is the bundling of relevant information provided by patients to the Health Care Provider – the goal of myoncare is to bundle your health data and bring together all your medical treatments and medical opinions in one solution.

To register for the myoncare app, you will need an invitation from your healthcare provider with the necessary information to complete the registration process. Alternatively, you can register  yourself and use certain customized functionalities without the involvement of a Health Care Provider.

SCOPE

The use of myoncare App is always subject to these Standard Terms. No conflicting or derogating standard terms and conditions apply.  

Before using myoncare Services for the first time, you must accept these Standard Terms. The completion of the registration process is not possible without the consent to the Standard Terms.

OUR PRODUCT

The myoncare app is a mobile application for you  

(i) as a patient, allowing you to manage your health information in one app that can be accessed via your smartphone or

(ii) as an employee to participate in the company’s health management system

(if applicable).  

You have your data such as diagnoses, medications, vital data, therapy and care plans at your fingertips and/or it supports a

company with health protection measures.

Over the course of your life, you will need a variety of healthcare providers, accumulate many findings, test results, and treatment plans, especially if you are chronically ill or have multiple conditions. By storing your data in myoncare App – either by yourself or by your healthcare provider – you are able to create your digital health profile with your medical data.

In addition, your healthcare provider has the option of providing you with information, therapy and care plans, etc., or managing billing with your health insurance company by using the myoncare portal, which is connected to the myoncare app.

MEDICAL DEVICE

The myoncare App is a medical device classified according to the European medical device provisions and is labelled with a CE-mark.  

This means that we have successfully performed a legally required conformity assessment procedure confirming the compliance of the App with essential requirements. Under certain conditions, myoncare can also be provided as a non-medical device variant, which does not offer all services, but only adapted functionalities. Not all functionalities offered by the myoncare portal are classified as part of the medical device.  

For further information, please read the instructions for use.  

PROTECTION OF PERSONAL DATA

For us, the protection of personal data is of major relevance and importance. We are aware of the responsibilities arising from the patient´s trust to provide and store personal data in the myoncare Tools. Therefore, our technology systems used for myoncare Services are set up according to the state-of-the-art standards.  

Please read our Privacy Notice carefully to understand the purposes and how we collect, process and protect your (health) information. After reading the Privacy Policy, you have the opportunity to consent to the Privacy Policy. If you consent, the privacy policy becomes part of the contract between you and Oncare. If you do not consent, you will not be able to use the myoncare app.  

myoncare PWA  

A progressive web app (PWA) is a website that looks and behaves as if it is a mobile app. PWAs are built to take advantage of native mobile device features, without requiring the user to visit an app store. The goal of PWAs is to combine the difference between apps and the traditional web by bringing most of the benefits of native mobile apps to the mobile browser. The PWA is based on the technology of “React Native for Web”. “React Native for Web” is an open source software for progressive PWA applications.

Before patients can use the myoncare PWA, they need a computer or smartphone and an active internet connection. An app does not need to be downloaded.

Some of the myoncare app services cannot be used within the myoncare PWA  as described below. These are the following services or specifications:

- Chat with a care team;

- Video calls;

- Security PIN codes;

- Activity data tracking (e.g. AppleHealth, GoogleFit).

The following information regarding the myoncare app also apply to the myoncare PWA, unless otherwise stated in this section.

WHAT MYONCARE PORTAL OFFERS

The following applies for app users who use the app as a patient with their health care provider. The myoncare app allows you to unite multiple health strands, data and professional caregivers on a single platform.

The myoncare App provides the following Services:

Direct communication with your healthcare provider, e.g. via video signaling and chat: You and your health care provider can interact in a secure environment to share questions, results, care plans, and any other information that does not require a physical meeting. Your healthcare provider has access to myoncare portal via its own professional account. The healthcare provider can communicate with you via the myoncare app. You decide which data you want to share with your healthcare provider and which access and communication rights you want to grant.  

Due to the granting of these rights, your healthcare provider can provide you with customized information, treatment plans, care plans, etc., allowing you to take advantage of a  healthcare platform with interface capabilities between you and your other healthcare providers.

Regular medication reminders: Your healthcare provider may set medication alerts to remind you to take your previously prescribed medications completely and on time.

Health check-ups through direct in-app surveys: Your healthcare provider can request certain health parameters (e.g. measurements of your blood pressure), or other tasks and questions to which you can respond, it allows your healthcare provider to assess your health status.

Managing your reimbursement processes with medical cost centres.

The following applies for app users who use the app as employees as part of a company’s health management program: myoncare app also allows you to actively participate in a company health management program if it is offered by your employer and if the program includes myoncare services.

The following applies to all app users

Enabling activity data transfer for selected values from your endpoint device to the myoncare portal for the purpose of providing additional contextualizing information regarding your activity to your care providers (Transfer from GoogleFit for Android devices or from AppleHealth for Apple devices).

We are constantly working on new myoncare services and its improvements. Additional or improved myoncare services are available with future updates of the myoncare App.

NO MEDICAL ADVICE

myoncare Tools as such do neither give any medical advice nor make any medical diagnoses but provides the platform to digitally interact with Registered Employees as part of a corporate health management system.  

myoncare app can support your healthcare provider by providing information to assist in medical decision-making and therapy, and support your employer in general health protection measures as part of a health management.

myoncare app is designed to provide two different types of information:  

(i) information freely available for all users (including self-registered users), and  

(ii) information provided to you by your health care provider.

The information and materials available on the myoncare app are for informational and educational purposes only. It is not a substitute for professional medical advice, diagnosis or treatment. If you think you may have a medical emergency, immediately call your doctor or dial 911.

The information and materials provided to you by your healthcare provider or employer on the myoncare app (e.g., care plans) are reviewed and selected by your healthcare provider based on his or her medical diagnoses and advice that are appropriate for you and your situation, or are selected by your employee. Oncare does not review any of the medical content and is not responsible for the medical content available in the myoncare tools. Your healthcare providers who use myoncare to interact with you  are solely responsible for the medical advice provided to you through myoncare.

Oncare does not promise or warrant any particular results with respect to the health status and / or general health protection of you in connection with the use of myoncare Services. We do not recommend any particular healthcare provider. The use of myoncare app does not replace the consultation and diagnosis by a physician.  

DO NOT USE THE MYONCARE APP FOR (MEDICAL) EMERGENCIES.

WHO CAN USE MYONCARE APP

Contraindication: myoncare app may not be used by patients whose central nervous system is impaired by a disease or similiar conditions, unable to use mobile devices unsupervised due to mental or physical impairments. In addition, myoncare should not be used if another disease or condition causes mental or physical impairment, making patients unable to use mobile devices unsupervised.

By registering, you confirm that you

are at least 18 years of age,

are allowed to enter into a contract with Oncare, and

are not affected by any of the above contraindications and you are able to use mobile devices.  

HOW TO REGISTER WITH MYONCARE APP

Before you use myoncare, you need a smartphone, an internet connection and the operating system iOS (version 13 or higher) or Android (version 8 or higher). To download the app, go to the App Store (Apple) or Google Play Store (Android) and search for “myoncare” app. Then install it on your smartphone.  

Your healtcare provider or employer provides you with the registration data (QR code, e.g. in an invitation letter or via the myoncare portal).

Once you have downloaded the app, you can register:

discover myoncare: At the beginning of the registration process, the app shows you a short introduction explaining the functionalities of the services.

Scan QR code: If you have received the registration details (QR code) from your healtcare provider, you need to allow access to the camera and scan the QR code .

Single registration password: The use of the app is secured by a so-called “One-Registration-Password” (ORP – single registration password). Das ORP wird während des Registrierungsprozesses mit dem QR-Code direkt über die myoncare App zur Verfügung gestellt.

Data verification: Verify your name and date of birth that you provided during registration. If you register as an employee, the registration is anonymous (i.e. name and date of birth are defaulted).

Consent to the Terms of Use and Privacy Policy: Please read and review the Terms of Use and Privacy Policy. If you agree with the content, you give your consent to accept both documents.

Allow push notifications: Allow myoncare to send you push notifications. Otherwise, you will not be able to use certain functions of the app (e.g. 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 true, accurate, current and complete. You are obliged to update your personal data regularly in case of changes.  

CONCLUSION OF THE CONTRACT

Once you have completed the registration process and given your consent to these Terms of Use and the Privacy Policy, it constitutes your binding offer to Oncare to agree to use the myoncare App. Please note that we are not obligated to approve your registration or accept your contract offer.  We can accept your offer by approving your registration details and activating your initial access to the myoncare app.

BLOCKCHAIN

ONCARE offers your Health Care Provider an additional service from the ONCARE service portfolio: the Blockchain technology.

The Blockchain technology is an optional offered service, it is not mandatory. Your Health Care Provider may choose to add the Blockchain optional service to the terms of this agreement. Blockchain in the myoncare system is an additional database that stores data from all the installations, it is a Private Blockchain solution (further details see Privacy Notice). This service may be added at any time during the term of the contract. The Blockchain intends to provide services that help prove the integrity of the data related to the privacy policy, patient profile, assets, and the assigned caretasks and medications. In contrast to Public Blockchains that are open for everyone, Private Blockchains require some form of authorization. This allows to take advantage of the security and immutability of Blockchain technology while also complying with privacy regulations, most notably the General Data Protection Regulation (GDPR). Private Blockchain records can be edited, overridden or deleted.

To the fullest extent permitted by applicable law:  

-we do not represent or warrant that the Blockchain technology is reliable, current or defect-free or that any defects will be corrected; and

-we are not responsible for the accuracy of the information and the use of the Blockchain technology is at your own discretion and risk.

HOW TO USE THE MYONCARE APP

After successful registration and activation of your account, you can access and use the app. Use of the app is at your own risk and expenses. You are fully responsible for all activities that occur under your account.  

myoncare app is free of charge (with the exception of third-party costs and the costs for your standard Internet and telecommunications provider) and you can use the app during the term of your contract concluded with Oncare. Additional services can be charged only with your express consent.

Personal content such as health data, images, pictures, texts, etc. may only be stored, published, transmitted or distributed in the myoncare app if the app user has the right to do so.

LICENSES AND RIGHTS

The rights, title and interest in and to myoncare Tools, myoncare Services, all related software, codes, methods, systems, all other material as well as the content that may be presented or accessed through myoncare App and all goodwill associated with the foregoing (“Material”) are exclusively owned by Oncare or third parties which provided the Material to myoncare Tools and granted a license to Oncare or third parties Provider (e.g. third party software or third party care plans). Except as for Material provided in the Careplan Store and limited to the use of myoncare Services through myoncare Tools, such Materials are protected by copyrights and competition law and may not be replicated, copied, modified, reproduced, republished, posted, transferred, licensed, translated, sold or made otherwise available, either in whole or in part, to any third person, if not explicitly allowed in writing or by statutory law. In addition, you are not allowed to take any action to circumvent or defeat the security or content usage rules provided nor try to derive source code from myoncare App.

With the registration and activation of the account for the myoncare App, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to save and use a copy of myoncare App and myoncare Services on the basis of these Standard Terms and during the term of our contract with you. You may not sell or transfer any personal account to any third person.

Oncare owns all confidential information, usage, exploitation and recovery rights of the myoncare Tools and any Material related to the Tools.

You are not permitted to use the logos, any trademarks, domain names or other commercial property rights of Oncare.

YOUR ACCOUNT

As a registered user of myoncare App, you receive the log-in information, including a username and a password.  

You must protect and ensure the protection of the registration data and may not share account and log-in information with any third party. In addition, except as required by law or expressly confirmed in these Standard Terms, you will not permit any third party to have access to myoncare App using the account. Oncare has no liability for any consequences from the use of the account by any third party. In particular, you are fully responsible for all activities under the account that are based on the unlawful access to or use of myoncare App by someone to whom it gave access or log-in data.  

You will inform us immediately of any breach in secrecy of the log-in information or if you have reason to believe that the account has been accessed by a third party by e-mailing us at privacy@myoncare.com.  

USER’S OBLIGATIONS

We reserve our right to temporarily lock out or permanently withdraw the right to access myoncare App without prior notice and immediately terminate the contract with you as well as to initiate legal proceedings against you in case of serious violations of the Standard Terms. Serious violations in particular include

Provision of false, incorrect, out-of-date or incomplete information during registration process;  

Infringement of any proprietary or intellectual property rights (e.g. transferring, copying, publishing or selling information found on myoncare App);  

Attempt to decrypt, remove, disable, damage, circumvent or otherwise interfere with the security of myoncare App;

Interrupt, destroy or limit the proper functionality of myoncare App;

Take any action imposing an unreasonable or disproportionately large load of data on myoncare App infrastructure;  

Use myoncare App in a manner that results in or may result in disputes, claims, fines, penalties or any other liability to Oncare or others;

Act in any other unlawful manner.  

You are solely responsible for any claims, fees, fines, penalties and other liability incurred by us or others caused by or arising out of any breach of these Standard Terms and your use of myoncare App.  

THIRD PARTY LINKS AND SERVICES  

You will find the myoncare App in app stores (e.g. Apple App Store or Google Play Store). In general, the business terms of the relevant store providers apply there. We have no influence on these terms and these are not part of our Standard Terms or contractual relationship with you as App user.

myoncare Tools may include certain third-party software and/or services. In this case, the use of such software or services is subject to the terms and conditions of these third parties and the Company should carefully read them before acceptance.

LIMITATION OF LIABILITY

Oncare shall only be liable for any losses, damages or injuries caused through fault or gross negligence on its part. Except for cases of intent or the violation of essential contractual obligations or injuries to life or health as well as liability under the German Product Liability Act, Oncare shall not be liable for indirect or consequential damages.

In particular, Oncare shall not have any liability regarding the truthfulness, (medical) accuracy or reliability of content posted, disclosed or recommended by Portal or any other third party (e.g. providers of pharmaceuticals or medical devices). You accept that any reliance on Material posted by Portal Users or other third parties will be at your own risk.

AVAILABILITIY AND FORCE MAJEURE

The myoncare Services and myoncare Tools are designed to be available 24 hours, 7 days per week. We have set up and will make myoncare Services and Tools available in accordance with the technical, economic, operational and organizational capabilities currently available. Moreover, we reserve the right, but have no obligation, to monitor and update the settings on a regular basis to comply with actual standards. However, we cannot exclude any interruption, disturbances, delays, incorrect transmissions or storage failures regarding using myoncare Services and Tools (e.g. during update procedures) and will neither be responsible, nor accept any guarantee or liability for any such interruptions which might restrict or prevent availability for a certain period of time. The same applies to temporary or final restrictions of access or withdrawal from the market due to required field safety corrective actions.  

The same applies to any interruptions or restrictions to the extent the myoncare App of Oncare is affected by force majeure (e.g. war, forces of nature, strike etc.). In this case, Oncare shall be relieved from any contractual obligations as long as the force majeure event is still ongoing. In such event, you may always discontinue using the myoncare App in whole or in part.

MODIFICATIONS TO STANDARD TERMS

We explicitly reserve our right to modify these Standard Terms in future at our own discretion. Modifications or additions may, for instance, be necessary to meet statutory requirements, correspond with technical and economic developments or to meet the interests of the App or Portal Users.  

Any modifications are possible at any time and will be published in an appropriate manner and in an appropriate time frame before they take effect (e.g. by posting revised Standard Terms at login or by providing advance notice to you of material changes).

We may sometimes ask you to review and to explicitly agree to or reject modified Standard Terms. In such cases, modification will be effective at the time of the consent to the modified version. If you do not provide the consent to the modified Standard Terms, it will not be able to use the myoncare App and the myoncare Services.

TERMINATION

You can cancel your account at any time by withdrawing access rights of your Health Care Providers and family members or friends and uninstalling and deleting the myoncare App from your smartphone or other device(s).  

Once your account is cancelled, you will lose all access to myoncare App. Please note that we are technically not able to restore your data in such event (data stored at your Health Care Providers are not affected).

WRITTEN FORM

If in these Standard Terms the term “in writing” is used, this shall include communication via e-mail or fax.

SEVERABILITY

In the event that any term or provision of these Standard Terms is declared void or unenforceable by any court having competent jurisdiction, the remainder of the provisions will remain in full force and effect to the fullest extent permitted by applicable law. In place of the invalid or unenforceable provision, or to fill a contractual gap, such valid and enforceable provision shall apply which reflects as closely as possible the economic interest of both parties.

CONTACT US

In case you wish to contact us with general questions regarding myoncare Services or specifically the Standard Terms, please email us at info@myoncare.com.

CHOICE OF LAW AND JURISDICTION

Applicable law shall be German law, without regard to principles of conflicts of laws and excluding the application of the UN-Convention on Contracts for the International Sale of Goods (1980). Place of jurisdiction is Munich, Germany.

Last updated on 25 April 2023

© 2024 ONCARE GmbH – all rights reserved. ​
myoncare is not available for sale or distribution in all markets. Please contact sales@myoncare.com for information regarding your market. myoncare is not intended to be used for medical emergencies. myoncare must not be used by patients under 18 years of age. We, as a service provider, assume no liability for monitoring the transmitted or stored third party information or the consequences arising thereof.​