Welcome to myon.clinic

myon.clinic supports and connects patients with healthcare providers, thereby complementing analog care with a digital companion. We are pleased that you, as a patient, wish to use the services of myon.clinic. This contract governs the relationship between you and myon.clinic.

Please read the terms of use carefully to ensure that you understand each provision, as you accept these terms of use by registering for myon.clinic. If you do not accept the terms of use, you cannot use the services of myon.clinic.

Note: For ease of reading, a uniform language form is used. This does not imply any disadvantage to any gender but is intended to be understood as gender-neutral for the sake of linguistic simplicity.

I. GENERAL

myon.clinic GmbH, a company registered with the Munich District Court under registration number HRB 280310, located at Herrenwiesstraße 12, 82031 Grünwald, ("myon.clinic" or "we," "us," "our") is the provider of myon.clinic.

II. TELEMEDICINE

myon.clinic aims to optimally leverage the potential of digital and mobile communication tools for patient care for the benefit of patients. In various medical fields, myon.clinic, together with its partners, develops care pathways (definition see section III) that enable doctors to supervise a large number of patients in parallel while creating added value for both doctors and patients. The use of myon.clinic is an additional service that does not replace any necessary treatment by a resident doctor.

All myon.clinic care pathways share that patients and doctors communicate exclusively through the myoncare app or the myoncare progressive web app - hereinafter collectively referred to as "myoncare app/PWA" - provided by ONCARE GmbH (Balanstraße 71 in 81541 Munich). myon.clinic is a subsidiary of ONCARE GmbH. ONCARE GmbH (hereinafter "Oncare") operates the myoncare app/PWA, which provides access to myoncare services. myoncare is a digital health portal and data platform that enables efficient and needs-based patient care. It offers interaction and networking of patients with various healthcare stakeholders through different microservices. With myoncare, doctors can interact with their patients and support them during treatment. The goal of myoncare is to consolidate all patient health data and combine all medical treatments, medical opinions, and processes in one secure place. Patients must register in the myoncare app/PWA to use myoncare services. Doctors use the myoncare portal as part of patient care. The myoncare portal allows the doctor to track and monitor the health data of their registered patients using a single digital health platform. With the myoncare portal, doctors have all data, such as diagnoses, medications, vital signs, therapy, and care plans, of their registered patients at hand.

myon.clinic, in addition to the service provider, such as the doctor, also has access to the patient's health-related data through the myoncare portal. This enables myon.clinic to provide its services within the framework of digital patient monitoring (see section IV).

The myoncare portal is designed to digitize medical treatment and contribute to improving therapy outcomes. The myoncare portal is a medical device classified and CE marked according to European medical device regulations.

You must provide the information requested by the doctor in the myoncare app/PWA in a timely, complete, and truthful manner.

If the consultation or treatment in the chosen care pathway is no longer medically justifiable, your doctor will inform and contact you via the myoncare app/PWA immediately. The care pathway gives your doctor the opportunity to refer you to another suitable care pathway or to a consultation or treatment in personal contact outside myon.clinic at any time. Whether you follow your doctor's recommendation is, of course, up to you, and you have the free choice of doctor for consultation or treatment in personal contact outside myon.clinic.

III. CONTRACTUAL RELATIONSHIPS

The scope of services provided by myon.clinic to you as a patient is described in section IV.

The myoncare app/PWA is offered by Oncare. You must conclude a separate contract for the use of the myoncare app/PWA with Oncare. This is independent of your contractual relationship with myon.clinic. Oncare's general terms and conditions can be found at Oncare Terms and Conditions, and Oncare's privacy policy for the myoncare app/PWA can be viewed at the following link: Oncare Privacy Policy. The use of the myoncare app/PWA is always subject to these terms of use. Conflicting or deviating conditions do not apply. Please note that you must accept these terms of use before you can use the myoncare services for the first time. Completing the registration process is not possible without agreeing to the terms of use.

The myoncare app offers the following services:

• Direct communication with your service providers, e.g., the doctor: The patient and their doctor can interact in a technically secure environment to exchange questions, results, care plans (care pathway), and all other information that does not require physical meetings. The doctor can communicate with you via the myoncare app/PWA. The patient can decide in the myoncare app/PWA which data they want to share with their service provider and what access and communication rights they want to grant. Based on these granted communication and information rights, the service providers can provide you with individual information, treatment plans, care plans, etc.;

• Regular reminders for medication intake: The service provider can set medication alarms to remind the patient to take previously prescribed medications completely and on time;

• Health check-ups through direct in-app surveys: The service provider can request certain health parameters (e.g., blood pressure measurements) or pose other tasks and questions that the patient answers. This allows the service provider to assess the patient's health status.

The myoncare app/PWA should not be used by patients whose central nervous system is affected by a disease or condition that makes them unable to use mobile devices unsupervised due to mental or physical impairments. Additionally, the myoncare app/PWA should not be used if another disease or the patient's condition leads to mental or physical impairments that make the patient unable to use mobile devices unsupervised.

Before a patient can use the myoncare app/PWA, they need a smartphone, an internet connection, and the iOS or Android operating system. The app can be downloaded and installed from app stores. The service provider shares the registration data (QR code, e.g., in an invitation letter or via the myoncare portal) with the patient. Once the patient has downloaded the myoncare app, they can register for the app by following the registration process started by the app. For more details, see section VII.

The myoncare PWA includes the following specifications: A progressive web app (PWA) is a website that looks and functions like a mobile app. PWAs are designed to leverage the native features of mobile devices without the user needing an app store.

The goal of PWAs is to combine the benefits of native mobile apps with the traditional web by transferring the advantages of native mobile apps to the browser. The PWA is based on the technology of "React Native for Web." "React Native for Web" is an open-source software for progressive web app applications.

To use the myoncare PWA app, patients need a computer or a smartphone and an active internet connection. No app download is required.

Some myoncare app services may not be available within the myoncare PWA app; details can be found in the description below. These include the following services or specifications:

• Chat with service providers;

• Video calls;

• Security PIN codes;

• Activity data tracking (e.g., using AppleHealth, GoogleFit).

The information described in these terms and conditions for the myoncare app also applies to the myoncare PWA unless otherwise described in this section.

For each treatment of the chosen care pathways, including their remuneration and billing, a separate agreement is required between you and your doctor ("treatment contract"). A care pathway is an evidence-based practice, multidisciplinary management tool for a specific patient group with a predictable clinical course, defining, optimizing, and sequencing the various tasks of patient care. Care pathways can range from simple medication use to a comprehensive treatment plan. Care pathways aim for greater standardization of treatment schemes and sequencing and improved outcomes from both a quality-of-life and clinical outcomes perspective.

The patient information on the respective care pathway (e.g., information on the frequency of questionnaire distribution on health status or regular reminders for medication intake), provided in advance of the activation of the care pathway, is part of the treatment contract.

The treatment contract can come into effect: (a) as a supplementary telemedicine contract between you and an independent, resident doctor or a hospital, where you are already receiving treatment in personal contact; (b) as an exclusive telemedicine contract between you and myon.clinic when you are treated by an employed doctor of myon.clinic; or (c) as an exclusive telemedicine contract between you and an independent, resident doctor or a hospital conducting treatments within myon.clinic.

A supplementary telemedicine contract is defined as digital patient monitoring conducted by both your treating doctor and myon.clinic. The digital patient monitoring is thus complementary to your original treatment with your treating doctor and is intended to capture treatment-supporting data for your doctor.

An exclusive telemedicine contract is defined as digital patient monitoring conducted by myon.clinic without your treating doctor, if any, having access to the captured data.

The care pathway allows the doctor to supervise a large number of patients in parallel while creating added value for both doctors and patients. The doctor provides medical services independently and ensures compliance with the applicable professional code and all other legal regulations for medical practice.

IV. SERVICES OF MYON.CLINIC

When the patient scans a QR code for a specific care pathway or a care pathway is assigned by the service provider, e.g., the doctor, the patient is in digital health observation - hereinafter referred to as "digital patient monitoring" - by the service provider. Digital patient monitoring refers to the digital support provided by myon.clinic and its partners by querying health-related data and reading activity and vital data from connected wearables via the myoncare portal.

The contractual services provided by myon.clinic within the contractual relationship primarily include the following services:

• Providing indication-specific information within the care pathways

• Querying health-relevant parameters and vital data within the care pathways

• Creating reports to compile the captured data

• Monitoring health status

• Triggering alarms when medical thresholds are exceeded or undershot

The services provided by myon.clinic are determined by the patient information of the individual care pathways and any additional agreements.

myon.clinic answers questions regarding the use of the myoncare app/PWA and its contents, such as care pathways.

You will not receive specific medical advice or diagnoses from myon.clinic.

myon.clinic does not promise any particular health outcomes related to the use of myon.clinic.

myon.clinic cannot treat medical emergencies. If your condition acutely worsens, you must contact a resident doctor. If you believe you have a medical emergency, call an emergency number immediately.

NEVER USE THE MYONCARE APP FOR MEDICAL EMERGENCIES.

V. COSTS AND BILLING

Using myon.clinic, especially by providing and using a specific care pathway, may incur costs for you.

You will be informed of the costs before your registration as part of the treatment contract. Costs may arise either once, e.g., at registration, or at regular intervals.

Creditors can be, depending on the treating doctor: (a) the resident doctor, or (b) myon.clinic.

Regardless, the incurred costs may be claimed by an external service provider, such as a factoring company, if you have consented to the transfer of your data to such an external service provider.

For private health insurance policyholders: Some services provided by myon.clinic are based on the fee schedule for doctors and may be covered by private health insurers. Please contact your private health insurance company for this. You will receive a list of services for submission to your insurance company from myon.clinic.

For statutory health insurance policyholders: Statutory health insurers do not cover the services provided by myon.clinic within the standard care. Exceptions can be out-of-budget agreements between healthcare providers and statutory health insurers. Please refer to the current version of the patient information to see if the care pathway you are using is part of such an out-of-budget agreement.

VI. PROTECTION OF YOUR DATA

For myon.clinic, the protection of your privacy and all personal data related to you during the contractual relationship is of great importance and importance. We are aware of the responsibility that comes with your trust in the provision and storage of your personal data, especially your health data. Therefore, our technology systems used for myon.clinic are set up according to the latest state of the art.

For processing some of your personal data within the framework of myon.clinic (e.g., health data), we require your voluntary and explicit consent. Please read our privacy policy carefully to understand the purposes and manner in which we collect, process, and protect your personal data.

After reading the privacy policy, you have the opportunity to consent to the processing of certain personal data (e.g., health data) during the registration process. If you do not consent or later withdraw your consent, you cannot use the services of myon.clinic.

The information needed by your doctor for treatment is provided to your doctor via the myoncare app/PWA. This may include personal data. In the myoncare app/PWA, you have the option to enter your personal data and release it for providing medical services in specific care pathways. Only then does your doctor gain access to it. For more information on how your doctor processes your personal data for the purposes of digital patient monitoring, we refer to your doctor's privacy policy.

To ensure the highest quality standards in care pathways and patient care, myon.clinic may perform statistical evaluations, provided you do not object to this processing. If corresponding releases from medical confidentiality are present, myon.clinic may also review individual treatment cases by sampling.

VII. WHO CAN USE MYON.CLINIC CONTRAINDICATION:

Patients of myon.clinic must be able to use the myoncare app/PWA. A patient of myon.clinic must not be someone who, due to mental or physical impairments, cannot use mobile devices unsupervised.

By registering for myon.clinic, you confirm that you

• are at least 18 years old or have received parental consent,

• are not affected by any of the above contraindications and thus can operate mobile devices (or similar).

VIII. HOW TO REGISTER FOR MYON.CLINIC

1. Registration Process

Before you can access the services and content of myon.clinic, you must register. To do so, you need a smartphone, an internet connection, and the myoncare app/PWA. Then follow the registration process started by the myoncare app/PWA:

• Scan QR Code (myoncare app): If you received a personalized registration letter with a QR code, you must allow the myoncare app access to your camera and scan the QR code by viewing the code through the screen window;

• Agreement to Oncare and myon.clinic terms of use and consent to the processing of your personal data by myon.clinic: Read and review the terms of use and the privacy policy carefully. If you agree with the content of both documents, give your consent to the terms of use and consent to the data processing described in the registration process;

• Create a user account: Subsequently, you will be asked to create a myon.clinic account on the Oncare platform. For this, we need an email address and your correct date of birth to verify your age. You will also be asked to set a personalized password;

• Allow push notifications: Allow the myoncare app to send you push notifications. Otherwise, you cannot use certain functions of myon.clinic (e.g., medication intake reminders);

• Allow emails: If you use the myoncare PWA, make sure you receive the emails sent to you by the platform. Your email program might classify these as spam. Please refer to your email program's or email provider's user instructions on how to remove this classification;

• Explore myon.clinic: At the end of the myon.clinic registration process, the myoncare app/PWA will show you a brief introduction explaining the functionalities and services of myon.clinic;

• Login: You are now logged in and can use myon.clinic content and services.

By registering, you confirm that the information provided during registration is truthful, accurate, current, and complete. You are required to update your personal data in case of changes.

2. Conclusion of the Contract

When you complete the registration process, this constitutes a binding offer to myon.clinic to agree to your use of myon.clinic content. Please note that we are not obligated to approve your registration and accept your contractual offer. We can accept your offer by approving your registration data and activating your initial access to myon.clinic.

3. Patient Responsibility

After successful registration and activation of your account, you can access and use myon.clinic content and services.

The use of myon.clinic is at your own risk and expense. You bear full responsibility for all activities under your account.

No liability is assumed for the consequences of using your account by third parties. You bear full responsibility for all activities under your account resulting from unauthorized access or use by a person to whom you intentionally or negligently granted access.

You will promptly inform us of any breach of the 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 at info@myon.clinic.

IX. LICENSES AND RIGHTS

The software, codes, methods, systems, all other materials, and content provided to you or accessible through the myon.clinic account, and all associated goodwill, are the exclusive property of myon.clinic or third parties, concerning myoncare technology, Oncare, which has granted myon.clinic a license to use. Therefore, these materials are protected by copyright, neighboring rights, and competition law and may not be reproduced, copied, modified, 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 measures to bypass or attempt to circumvent the security or content usage rules provided or attempt to derive the source code from the myoncare app/PWA.

With the activation of your account, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to use the material provided by myon.clinic for your private purposes based on these terms of use and during the term of the contract with you. You may not transfer your personal account to a third person. You are not permitted to use the logos, trademarks, domain names, or other commercial property rights of myon.clinic.

X. YOUR BEHAVIOR

We reserve the right to temporarily exclude or permanently revoke your access to myon.clinic content and services without prior notice and to terminate the contract with you immediately, as well as to take legal action against you in case of severe violations of the terms of use by you. The same applies accordingly to Oncare, details of which can be found in Oncare's general terms and conditions. Severe violations include, in particular:

• Providing false, inaccurate, outdated, or incomplete information during the registration process;

• Violating property or intellectual property rights (e.g., transmitting, copying, publishing, or selling information contained in the app);

• Attempting to decipher, remove, disable, damage, bypass, or otherwise interfere with the security of myon.clinic or the myoncare app/PWA;

• Interrupting, destroying, or restricting the proper functionality of myon.clinic or the myoncare app/PWA;

• Taking any action that imposes an unreasonable or disproportionately large data load on the infrastructure of myon.clinic or the myoncare app/PWA or their IT systems;

• Using myon.clinic or the myoncare app/PWA in a manner that may lead to disputes, claims, fines, penalties, or other liability for myon.clinic, Oncare GmbH, or third parties;

• Creating multiple user accounts in myon.clinic;

• Acting illegally in any other way.

You are solely responsible for all claims, charges, fines, penalties, and other liability arising from or resulting from your violation of these terms of use and your use of myon.clinic.

XI. THIRD-PARTY LINKS AND SERVICES

myon.clinic's offerings may also include certain software and/or services from third parties, especially the myoncare technology of Oncare. In this case, the use of such software or services is subject to the terms and conditions of these third parties, and you should read them carefully before accepting them. This applies in particular to Oncare's terms of use and privacy notices for the myoncare app/PWA.

XII. LIABILITY

For damages, myon.clinic is liable in cases of intent and gross negligence, including its vicarious agents, according to legal provisions. The same applies to negligently caused damages resulting from injury to life, body, or health. myon.clinic is only liable for foreseeable damages. Liability for indirect damages, especially consequential damages, unforeseeable damages, or atypical damages, as well as lost profits, is excluded. For negligently caused property and financial damages, myon.clinic and its vicarious agents are only liable for the violation of an essential contractual obligation but limited in amount to the foreseeable and typical damages at the time of contract conclusion; essential contractual obligations are those that characterize the contract and on which the patient may rely. Liability under the Product Liability Act remains unaffected. myon.clinic is not liable for medical damages or other advisory errors arising from the service relationship between non-employed doctors and patients. Otherwise, any liability of myon.clinic and its vicarious agents and legal representatives is excluded, regardless of the legal basis. The foregoing liability limitations apply to all contractual and non-contractual claims.

myon.clinic does not assume any liability for the accuracy, (medical) accuracy, or reliability of content provided, shared, or recommended by doctors or other partners and identified as such. You accept that any reliance on such material is at your own risk.

myon.clinic does not assume any liability for treatment contracts with doctors not employed by myon.clinic.

XIII. AVAILABILITY AND FORCE MAJEURE

myon.clinic is designed to be available 24 hours, 7 days a week, 98.5% of the time. We operate it according to the technical, economic, operational, and organizational possibilities available at the time. However, short-term unavailability of services and content may occur to perform updates or maintenance, which will be minimized. Furthermore, we reserve the right, but are not obligated, to regularly monitor and update settings to meet current standards. However, we cannot rule out interruptions, disruptions, delays, incorrect transmissions, or storage failures when using the offerings (e.g., during update processes) and do not guarantee, warrant, or assume liability for such interruptions that may limit or prevent availability for a specific period.

We are neither responsible nor guarantee limitations, restrictions, or interruptions caused by your telecommunications provider, your device, or the provider of your device's operating system (e.g., limiting support of the OS version).

The same applies to any interruptions or restrictions if the myoncare app/PWA is affected by force majeure (e.g., war, natural disasters, strikes, etc.). In this case, myon.clinic is released from any contractual obligations as long as the force majeure event continues. In this case, you may stop using the app/PWA at any time, in whole or in part.

XIV. CHANGES TO THE TERMS OF USE

We expressly reserve the right to change or supplement these terms of use at our reasonable discretion in the future if necessary to meet legal requirements or correspond to technical developments or if the change solely serves the interest of patients.

Such changes are possible at any time and will be communicated to you in an appropriate manner and timeframe before they take effect (e.g., through revised terms of use upon login or the prior announcement of significant changes).

We may ask you to review and expressly accept or reject the amended terms of use. In such cases, the change will become effective when you agree to the amended version. If you do not agree to the amended terms of use, we will give notice of termination.

XV. TERMINATION

You can terminate your contract with us at any time by revoking the access rights for myon.clinic and all doctors in the myoncare app/PWA. Fees already incurred by myon.clinic or third parties whose services you booked through myon.clinic will remain despite your termination.

We can terminate your contract with us at any time with three months' written notice. The termination periods for Oncare regarding the provision of the myoncare app/PWA can be found in Oncare's general terms and conditions.

Upon termination of your contract with us, you will lose all access to myon.clinic and to the services provided by third parties booked through myon.clinic. Please note that in such a case, we are technically unable to restore your data.

XVI. WRITTEN FORM

When the term "written" is used in these terms of use, it includes communication by email or fax.

XVII. SEVERABILITY CLAUSE

Should any provision of these terms of use be 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 a contractual gap, a valid and enforceable provision that most closely matches the economic interests of both parties shall apply.

XVIII. CONTACT

If you wish to contact us with general questions about myon.clinic or specifically about the terms of use, please email us at info@myon.clinic.

XIX. GOVERNING LAW AND JURISDICTION

The applicable law is German law, excluding the principles of conflict of laws and the application of the UN Convention on Contracts for the International Sale of Goods (1980). The place of jurisdiction is Munich, Germany.

Last updated: June 2024

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