Terms of use

Terms of use App

1.Scope of application

1.1 Our product

1.1.1. We, the

VisionHealth GmbH
Lichtenbergstr. 8
85748 Garching near Munich
Germany

+49 896142429-00
info@visionhealth.gmbh

HRB 234875 (Munich Local Court) ,

(short „Vision“) develop and operate an interactive platform and mobile application (Kata App) for patients with chronic lung disease. Vision is a digital healthcare company and wants to help you, as a chronically lung diseased patient, to make inhalation therapy more efficient.

1.1.2 The Kata App contains modules classified as medical devices („Kata medical modules“).

 

1.1.3 The Kata App is designed for Metered-Dose Inhaler (MDI), so called Metered-Dose Inhalers (or colloquially „sprays“). It is designed to help you to make inhalation therapy more efficient. All other inhalation devices (such as dry powder inhalers or electronic nebulizer systems) are currently not supported.

 

1.1.4 As part of our product, we provide information and content that has been compiled from internal and external ft hein the best of our knowledge and with the greatest care. Nevertheless, we would like to expressly point out that our product and services are intended exclusively for your information and awareness, but cannot replace the consultation and diagnosis of a doctor. Under no circumstances does Vision provide medical therapy recommendations or medical advice of any kind. For questions regarding illness and therapy we recommend contacting a doctor. The evaluation ft he provided data is exclusively incumbent on you and your doctor.

1.1.5 Please note that before using our product ft he first time, you must agree to these terms of use and all declarations and agreements referred ft hein and accept them by any further use. Registration and use of our product is prohibited without your agreement to our Terms of Use.

1.1.6 For optimal use ft he App, access ft he camera functionality and the microphone is required.

 

1.2. costs and third party providers

Our product can be purchased in App-Stores (like Apple Store/iTunes or GooglePlay). Please note that the purchase (not the use) of our products is subject ft he App Store‘s own terms and conditions and that a user account may be required.

Vision does not charge ft he use ft he Kata App. The costs for mobile internet use are based on the rates ft he provider.

 

2.Privacy policy

We are aware ft he great responsibility that your use of our products entails. You not only provide us with general data about yourself, but also with data about your state of health. In our data protection declaration we inform you about the use and protection of your data in connection with the use of our products, as well as about your necessary consent.

WITHOUT YOUR DATA PROTECTION CONSENT TO THE NECESSARY DATA PROCESSING, THE USE OF THE PRODUCTS IS LEGALLY AND FACTUALLY NOT POSSIBLE.

Our data protection declaration is not part of these terms of use, but serves exclusively for your information in accordance with the basic data protection regulation, on the basis of which you give your consent ft he necessary data processing.

 

3.Liability

3.1 General points

Every user is obliged to give his registration data truthfully, as far as up to date and complete, and not to pass them on to third parties. Personal data ft h be treated confidentially, carefully managed and secured at the user‘s own responsibility. Vision assumes no warranty or other liability for lost or damaged data or content, unless this is due to our fault.

 

3.2 Input ft he user

The correct entry ft he alarm call function by you requires that you read the package insert ft he products and follow any instructions for use from your doctor or pharmacist. The input of all dates, intervals, repetitions and quantities ft he sole responsibility ft he user ft he app and is your sole responsibility.

 

3.3 Warranty

3.3.1 Vision provides the information within the framework of this app with great care and makes every effort to ensure that it is up-to-date, correct and complete. However, Vision does not assume any liability in this respect, as errors may occur due ft he high complexity and the available technology.

 

3.3.2 Unless there is evidence of intent or gross negligence on the part of Vision, Vision is generally not liable for damages caused by the use or non-use ft he information provided or by the use of incorrect or incomplete information. Information presented with reference to medical facts does not constitute advice, diagnosis or therapy recommendations and does not replace a visit to a doctor. Furthermore, it may not be used as a basis for consultation, diagnosis or therapy recommendations by a doctor.

3.3.3 With respect to users who are not consumers or users, liability for mere financial losses, consequential losses, lost profits and losses arising from third-party claims is excluded. Insofar as our liability is limited or excluded in these terms of use, this applies equally to vicarious agents.

 

3.4 Applicable law and place of jurisdiction

3.4.1 The terms and conditions ft he end user license agreement for licensed applications in particular shall apply ft he application. These can be found ft he iOS version ft he app at www.apple.com. Parts ft he pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by Vision without separate announcement. Vision is entitled to change the terms of use at any time. Users will be informed accordingly and have the opportunity to object ft he if necessary. As a result, all local data will be deleted and the app profile will be deactivated.

3.4.2 The retrievable statements and information apply exclusively ft he scope ft he laws ft he Federal Republic of Germany. The laws ft he Federal Republic of Germany apply.

Terms of Use Website

Application of these conditions

Please read these terms of use carefully before using this website. By using our website, you agree to these terms of use and to comply with them. Do not use this website if you do not agree to these terms of use.

 

Content of our website / services

The website is operated by Schlemmer Holding GmbH (hereinafter referred to as “Provider”). The contents contained or provided on this website are created with the greatest possible care. The provider does not guarantee the accuracy, completeness and timeliness of the content contained or provided.

The views expressed by other users on this website do not reflect the views or values of the provider. In particular, the provider does not assume any warranty for content that is expressly or implicitly marked as third-party content. The provider is not responsible for ensuring that such content is complete, correct, current and/or lawful and/or does not interfere in an unlawful manner with the legal interests of third parties.

The provider will make every effort to offer the service for retrieval without interruption. Due to the nature of the Internet and computer systems, downtimes cannot be ruled out, even with all due care.

 

Limitation of liability

Subject to applicable law, the Provider assumes no responsibility or liability for any loss or damage, even if foreseeable, whether in contract or tort (including negligence), breach of statutory duty or otherwise in connection with any of the scenarios set out below:

Use of or reliance on any information, opinions, content and/or materials provided on or in connection with this website;

or:

 

interruption or delay in accessing or using this Website or the inability to access or use this Website, including but not limited to loss of profits, revenue, business or revenue; loss of data; business interruption, goodwill or reputation; wasted management time; and any indirect loss or damage or consequential loss or damage.

To the fullest extent permitted by law, the provider excludes all conditions, warranties, representations, whether express or implied, in connection with this website.

Subject to applicable law, the Provider shall not be liable for any loss or damage to your information technology, computer programs, platform, data or other proprietary material in connection with the use of this website.

 

Intellectual property rights

The contents and works on these pages created by the provider are subject to copyright. The duplication, editing, translation, storage, distribution, processing or reproduction of contents in databases or other electronic media and systems and/or any kind of exploitation outside the limits of copyright require the prior written consent of the respective author or originator. The production of prints, copies and downloads of the material published and made available on this website is permitted for personal, private and non-commercial use, provided that you cite the author by name – if available – and indicate the source of the copy – if available – and you do not alter the printout or digital copies of the copied, printed or downloaded material in any way and furthermore do not use any illustrations, photos, video or audio sequences or graphics separately from the corresponding accompanying text.

 

External links

This website may contain hyperlinks to websites of third parties (hereinafter “external links”). The provider does not assume any responsibility nor does the provider adopt these websites and their contents as its own, as the provider does not continuously monitor the linked information and is not responsible for the contents and information provided there. However, the provider undertakes to delete the infringing external links if it becomes aware of any violations of the law.

These terms of use do not apply to such third-party websites. If you access such websites via the links provided, it is possible that the operators of these websites may collect and use personal data about you in accordance with their privacy policy, which differs from that of the provider.

 

Data protection, Google Analytics and cookies

The provider’s “privacy policy” explains, among other things, how your personal data is collected and used and provides information on the cookies used by the provider.

 

Links to the website / Integration of the website

Links to this website are always welcome and do not require the consent of the website operator.

The presentation of this website in external frames requires the prior written consent of the provider. Please contact the provider at the e-mail address info@visionhealth.gmbh.

 

Changes to the website

The provider reserves the right to change, suspend or discontinue this website in whole or in part at any time and without prior notice. Furthermore, the provider is not obliged to update this website.

 

Severability Clause

Should one or more provisions of these General Terms of Use be or become invalid and/or impracticable in whole or in part, the validity of the remaining provisions of these Terms of Use shall not be affected.

The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the parties to the contract had pursued with the invalid or unenforceable provision. Should a necessary provision be missing in these terms of use, the preceding sentence shall apply accordingly.

 

Disclaimer

A waiver of our rights under these terms of use is only possible in written form.

 

Applicable law

Any legal claims or processes arising in connection with the website or its use are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is Munich, Germany.

 

Changes to these terms of use

The provider reserves the right to make changes to these terms of use. If there is a change in the terms of use, the updated terms of use will be published on this website. Please consult these Terms of Use regularly. In accordance with applicable law, all changes are effective as soon as the provider has published the updated terms of use.

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