Status as of 19.05.2022

General Terms and Conditions Endo-App

General and scope of application

These General Terms and Conditions (hereinafter “Endo-App GTC”) govern the use of the digital health application of Endo Health GmbH operated under the brand “Endo-App “.

The Endo-App digital health application supports endometriosis sufferers by providing evidence-based and guideline-compliant content, methods and exercises for multimodal pain therapy and endometriosis therapy.

The Endo app is an interactive smartphone-based, CE-marked medical device. It is intended for patients with any type of endometriosis. There are no known contraindications.

Contractual partner

Your contractual partner is Endo Health GmbH:

Endo Health GmbH

Theaterstrasse 56

09111 Chemnitz

Managing director: Dr. med. Nadine Rohloff

E-Mail: [email protected]

Phone: +49 (371) 335 603 00

Fax: +49 (371) 335 603 09

Please note that the use of the Endo app is a supplement to conventional therapy for endometriosis. It cannot replace medical treatment. Please always seek a qualified physician or, in urgent cases, an emergency room.

Professional regulations and restrictions apply to medical care via the Internet. Our range of services is therefore limited to the current legal possibilities.

Privacy policy

The processing of your personal data when using the Endo app is governed by the Endo Health GmbH privacy policy. This is displayed on the following screen. You can also view it at any time in the Endo app under “… More” -> “Security and Privacy”.

You can also find an up-to-date version on our website at:

Endo-App privacy policy

App Store and Google Play Store

The Endo app can be obtained from the App Store and the Google Play Store. The respective terms and conditions of Apple and Google apply according to the operating system of your end device.

Mobile communications

You can use the Endo app via your broadband connection (e.g. WLAN) as well as via your mobile network (e.g. LTE).

Depending on the type of contract you have with your mobile provider, you may incur costs when using the app via mobile. The responsibility for this lies solely with you.

Validity of these GTC

These GTC come into force for all users from 01 July 2022. In all other respects, the GTC as amended from time to time shall apply. We reserve the right to change our GTC for reasons that we did not foresee, that were not caused by us, on which we also have no influence and that have led to a not insignificant disturbance of the contractual relationship. In the event of such a change, you shall not be placed in a worse position than you were in when the contract was concluded. If you have already entered into a contract with us, you will then receive the new GTC by email and in the Endo app. You then have 6 weeks to object to the terms and conditions.

Conclusion of contract

By using our services, a contract is concluded. You may only use the Endo-App if you have reached the age of 18. The transfer of the contract to third parties requires our prior, express consent in text form.

Our service

Scope of the Endo-App

The Endo app digital health application supports endometriosis sufferers with evidence-based and guideline-compliant content, methods and exercises for multimodal pain management and endometriosis therapy. This includes information about endometriosis, treatment options, chronic pain and optimal contacts. However, the focus is primarily on teaching evidence-based and guideline-compliant self-management techniques of chronic gynecologic and pain disorders and monitoring individual symptoms. As part of multimodal pain management, knowledge transfer elements, validated questionnaires, diaries, guided exercises and techniques from the fields of gynecology, physical therapy, manual therapy, pain management, rehabilitation, occupational therapy, social education, exercise therapy, nutritional medicine, resource activation, resilience strengthening, cognitive behavioral therapy and mindfulness-based stress reduction are provided. The goal of the program is to help the user reduce her endometriosis symptoms and improve her quality of life through self-management. The user is supported in self-management and behavior management.

Activation of your usage license

You can obtain a usage license for the app from your statutory health insurer as part of the digital health application prescription. The usage license is provided to you as a code by your health insurer. You must then enter the code in the activation screen. You can then use the Endo app for 90 days.

In order to receive a code, you must apply for it at a health insurance company. For this, you need either proof of your diagnosis of endometriosis (e.g. surgery report) or a prescription from a doctor.

In the Endo-App, we provide assistance to make it easy for you to apply to the health insurance company. For example, we have created letter templates and doctor information for you. Nevertheless, we cannot guarantee that you will receive a usage code from your health insurer.

By successfully validating the usage code, you will then receive a limited, non-exclusive and revocable right to use the Endo app. No further rights are transferred.

All rights to the Endo app, in particular copyrights, trademark rights, identification rights, domain rights, patent rights and all other intellectual property rights, including all types of information provided by us, are and shall always remain exclusively with us and our licensors. The reproduction, editing, distribution and any kind of exploitation of content or components of the Endo app requires our prior written consent. In particular, the use for non-personal or commercial use is not permitted.

User account

When you complete your registration, we will create a user account for you.

Your data will be stored in your user account. You can always change your device without losing your previous entries and progress. For the transmission of data, the Endo app always uses an encrypted SSL connection with valid certificates. You can find more information about data protection in our privacy policy on the next screen.

We ask you to choose your email and password for access carefully and not to reveal it to anyone in order to protect your user account. If you lose access to the stored email account, we will not be able to reset your password and you will have to create a new user account. Therefore, we always ask you to proactively notify us of any changes to your email address so that we can update it for you accordingly.

If you lose your login information or notice any misuse of your user account, please notify us immediately.

Any attempt to circumvent security measures and exploit any security vulnerabilities may only be done in the context of penetration testing after written consent from us.

Evaluations

In principle, we cannot guarantee the completeness and correctness of the evaluations in the Endo app, as this depends directly on the accuracy of your data. We therefore ask you to make your entries carefully and regularly. Only if you provide correct and complete information, the Endo app can perform correct and complete evaluations.

Technical functionality

We will make every effort to ensure that the Endo-App is always up to date with the latest technology and medical knowledge and is available at all times. However, it cannot be ruled out that the functionality and availability of the Endo-App at any time may be interrupted for a short period of time, in particular due to technical or other problems beyond our control (e.g. force majeure). In such cases, we will endeavor to make the Endo app available for retrieval again as quickly as possible.

Please pay particular attention to our compatibility assurances from the instructions for use.

Liability

We shall be liable without limitation for intent and gross negligence. In the event of slight negligence, we shall be liable only and limited to the foreseeable damage typical for the contract, insofar as we violate an obligation that is essential for achieving the purpose of the contract. The above limitations and exclusions of liability shall not apply to claims for damages arising from injury to life, body or health or to claims under the Product Liability Act. Insofar as our liability is limited or excluded, the limitation of liability also applies to third parties (such as vicarious agents) who are included in the scope of protection of this contract.

The Endo app may contain external links to apps or websites of other providers (hereinafter referred to as “third-party services”). These third-party services are not under our control and we are not responsible for the third-party services of the other providers.

Applicable Law

This Agreement and all disputes arising out of or in connection with this Agreement shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).