ForPatientApp

1.1. The hospitals in which the user got registered on the platform ("Hospital") is the licensee of the App “ForPatientApp”
The owner of the App is B. Braun SE, Carl-Braun-Straße 1, 34212 Melsungen, Germany and affiliated companies ("B. Braun").
Users of the App are patients who are undergoing or have undergone a surgical treatment or their legal representatives ("Users").

1.2. These Terms and Conditions of Use govern the relationship between the users of this App and the Hospital, as licensee.

1.3. This is to keep users as informed as possible about the course of their treatment. The treating hospital can see what stage of the treatment path users are in. In addition, this app offers the possibility for the treating hospital to digitally ask users queries about their health status - related to the treatment - before and after the intervention. The results of the queries are transmitted digitally to the hospital.

2.1. The use of the service offer within the app requires the download of the app, the registration of the user within the app and the acceptance of these Terms and Conditions of Use.

2.2. By accepting these Terms and Conditions of Use, users expressly agree to be bound by the terms contained herein. 

2.3. The Users acknowledge having fully read and accepted these Terms and Conditions of Use. 

2.4. Users have been registered in the hospital on the platform. The following information is entered there: first name, last name, surgical intervention, surgery date, e-mail address and mobile phone number. In addition, users can voluntarily provide the following information when registering in the app: Address, date of birth and gender.

2.5. The users assure that the information provided by them in the user profile is true and correct.

3.1. It is important to B. Braun that users of the services understand how their data are used and in what way B. Braun is committed to protecting their privacy.

B. Braun provides special protection for users for:

• The collected data and the purpose of the collection
• The way in which this data is processed
• The provided functionalities, in particular when accessing and updating user data ​​​​​

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An essential part of the registration process is the free and conscious consent to the Terms and Conditions of Use and, consequently, the use of this app. By registering, users give their consent for their personal data to be shared with healthcare professionals who also use this platform.

3.2. Users can obtain information on the handling of their personal data in the data protection declaration stored at https://www.bbraun.com/en/privacy-policy/privacy-policy-for-patient-app.html. The use of the app is subject to this privacy policy.

4.1. The App is intended to those patients who have or will undergo planned surgical treatment.

4.2. The app provides information and content regarding preparation and recovery from surgery that has been validated in advance by the hospital.

4.3. Communication in the App to users is unidirectional. 

4.4. The App is not currently a tool for tele-monitoring, tele-consultation, tele-diagnosis or even tele-medicine.


4.5. Information acquired through the use of this app should never be used as an excuse to delay the medical advice of a doctor or medical professional.

4.6. If a user has a health problem or suspects that he or she is suffering from certain health conditions, he or she should contact a medical professional immediately. In case of a medical emergency, please call medical assistance urgently.

4.7. The app does not provide users with any medical service by the clinic. In particular, it expressly does not replace in any case a professional consultation by a doctor or any competent medical professional. 

5.1. The users agree to use the app exclusively for personal and non-commercial purposes unless there are overriding individual provisions.

5.2. In order to ensure the security of the account, users may not disclose their password to third parties. If the password and username have been used by a third party without permission, B. Braun must be notified as soon as possible.

5.3.  Users agree not to use the app for any purpose that is unlawful or prohibited, that violates these Terms and Conditions of Use, or that infringes the rights and/or interests of any third party.

5.4. Users agree not to use the App in any manner that could disable, overburden, impair or prevent the normal use, integrity and stability thereof. Users agree not to remove, circumvent and/or disable any security-related features of the App.

5.5. To the extent permitted by applicable law, users shall indemnify and hold harmless the hospital from and against any and all third-party claims, complaints, actions and appeals arising out of or in connection with users' violation of the Terms and Conditions of Use or misuse of the App. Consequently, users shall be liable for the cost of all damages awarded against the hospital as a result of any litigation, pre-litigation or other claim arising out of such violation or misuse, including all costs and expenses incurred in defending the hospital's interests and any resulting attorneys' fees.

6.1. The entire app is protected by copyright and is subject to German and international intellectual property laws.

6.2. All rights, title, and interest in and to the app including but not limited to software, trademarks, patents, designs, copyright, and other elements in the App are and will remain the exclusive property of B. Braun.

6.3. Users are prohibited from using, reproducing, transmitting, distributing, disclosing, publicly communicating, processing, distributing, modifying, or abusing it. Users may use the app only for private purposes and to access the specific services offered by the app. 

6.4. Except as expressly authorized by the hospital, the users agree:

a) not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the app or any of its elements. The hospital and/or its licensors reserve all rights not expressly granted in these Terms and Conditions of Use.

b) Not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the app or any portion thereof, except and only to the extent that such activity is expressly permitted by applicable law, notwithstanding this limitation.

6.5. Users acknowledge and agree that use of the App does not constitute a transfer of any intellectual or industrial property rights, such as copyrights, trademarks, designs or other rights in the app, and does not constitute permission to create any developments from the app. 

6.6. Notwithstanding the foregoing, the hospital grants to the patients a non-exclusive, non-sublicensable, non-transferable license to use the app, its functionalities, its content and other features available in the app, subject to the other terms and conditions set forth in these Terms and Conditions of Use and applicable laws.

7.1. The app may include links to third party applications or websites that are not owned or controlled by the hospital nor B. Braun. The hospital assumes no responsibility for the content and practices of any third-party sites. Access and use of those linked sites and their content is at the user’s own risk. These Terms and Conditions of Use govern only the user's use of the app and not the user's use of any other website or service. Users should review the applicable terms and policies of all linked sites.

7.2. Furthermore, the hospital cannot control the information, content, products or services provided by third parties that have established links to the App. Consequently, the hospital does not accept any liability that may arise from the use by the users of any third-party functionalities, technologies, services or platforms. In this regard, users agree to hold the hospital harmless from any liability or payment of damages as a result of any injury or incident related to the use of such third-party functionalities, technologies, services or platforms, even though they are available through the app. 

8.1. The hospital will do its best to ensure that the availability of the app is uninterrupted and that the transmissions are error-free. However, this cannot be guaranteed. 

8.2. User access to the app may occasionally be restricted or blocked for maintenance purposes.

9.1. Liability on the part of the hospital is excluded for any damages resulting from the use of the app according to this agreement or for any other legal reason. This applies in particular but not exclusively in the event of:
 

a) temporarily blocked access to the app due to technical maintenance or updating of published information,

b) viral attacks or illegal use causing damage to the app. Users are responsible for all third-party damages and the consequences of the complaints or actions that may arise insofar as they are caused by the users,

c) infringement of intellectual property rights of third parties by the users or in general in case of infringement of third-party rights by the users.

9.2. Liability for culpable injury to life, body or health remains unaffected, as does statutory liability under the Product Liability Act, liability due to intent or gross negligence, including intent on the part of representatives or vicarious agents, or liability due to a breach of material contractual obligations.

9.3. Although the hospital will do its best to ensure that the information contained in the app is correct, this information is only to be considered as an indication and never as binding medical advice. In particular, the hospital does not guarantee the accuracy, completeness and timeliness of the information.

9.4. If necessary, users shall consult a health professional and follow their advice in all decisions affecting their health. B. Braun assumes no liability for their activities in the app. Improper use of the content, messages or other services provided by the app is at the user's own risk. B. Braun cannot be held liable in this respect.

9.5. The use of the app is at the user's own risk. When accessing the app, users are obliged to use it in accordance with the applicable law and are liable before the hospital and/or third parties for all damages resulting from a breach of this obligation. 

9.6 The services offered through the app may cause data consumption. The hospital shall not be liable for any costs incurred in connection with the exchange of data or the Users' internet connection when using the app. Users are fully liable for the data and content transmitted via the app.

10.1 The hospital and B. Braun have jointly taken necessary security measures to protect personal data against unauthorized access and use.

The agreement between the hospital and B. Braun includes the protection of all user activities on the platform using various methods and technologies:

• Protocol SSL (Secure Socket Layer)
• Management of access authorizations
• Management of the access rights of the respective user
• Network monitoring software
• Development of a digital certificate
• Data backup
• The password chosen by users at registration is encrypted with a cryptographic hash function
• Firewall​​​

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10.2 All data collected and processed by B. Braun, including physical security measures to prevent any unauthorized access to the system, are reviewed regularly. Access to personal data is restricted exclusively to a member of B. Braun's staff who is responsible for the performance of the service obligations under these Terms and Conditions of Use. Under no circumstances will B. Braun personnel have access to this data. The member pages are not accessible by search engine, and no data is disseminated on the internet outside the secured platform portals.

10.3. B. Braun has made a contractual commitment to the Hospital to maintain the highest level of confidentiality to the best of its ability and uses technical innovations to ensure that the data and activities of users in the app are treated confidentially. However, they must not forget that data transmissions on the Internet are never 100% secure and that all information transmitted online can potentially also be intercepted and used by unwanted third parties and not exclusively by the intended recipient.

11.1. The hospital is entitled to change or update these Terms and Conditions of Use at any time and without stating reasons by publishing the changed Terms and Conditions of Use in the app.

11.2. In addition, the hospital reserves the right to change, expand or reduce the scope of the services comprising the app. 

11.3. If the amended Terms and Conditions of Use contain provisions that affect the contract, the users will be informed of this in a timely manner, and they will be granted a right of extraordinary termination.

11.4. If at any time the users do not agree with the Terms and Conditions of Use, including any future amendments thereto, the users shall immediately cease using the app. Continued use of the Terms and Conditions of Use shall be deemed as the user's consent to the Terms and Conditions of Use. For this reason, we encourage users to review this agreement on a regular basis.

12.1 In accordance with the regulations for the protection of personal data, users have the right to request that their account be deactivated and deleted. 

12.2. The account can also be deactivated at the instigation of B. Braun, but this applies exclusively in the event of non-compliance with the Terms and Conditions of Use or the applicable statutory regulations or general provisions. In this case, the deactivation will take place without prior notice and without compensation. 

12.3. When users deactivate their account, they cease all activity. App users will no longer have access to their profile. As soon as the account is deactivated, it is permanently deleted; users' personal data is also deleted.

13.1. These Terms of Conditions of Use are governed by German law.

13.2. Should these Terms of Conditions of Use or individual provisions thereof be invalid or incomplete, this shall not affect the validity of the remaining Terms of Conditions of Use. The invalid or incomplete provision shall be deemed to be replaced by a provision that comes as close as possible to the intended economic purpose.

The exclusive place of jurisdiction for all claims arising from and in connection with this contract is Tuttlingen.