These Terms of Use govern the conditions for the use of digital therapy programs for the treatment of back pain and/or COPD ("Digital Therapy Programs") provided by us, kaia health software GmbH ("Kaia"), via the website www.kaiahealth.de, through our mobile Kaia app, or through other means, particularly by emails, chat, phone, or online appointments, for patients ("Users"). By registering in accordance with section 4 below, the User acknowledges these Terms of Use as binding.
Any deviating terms from these Terms of Use shall only apply if confirmed in writing by Kaia. In particular, differing terms from the User do not apply, even if Kaia does not explicitly object to their inclusion.
By registering and accepting these Terms of Use, Kaia grants the User a personal, non-exclusive, and non-transferable right to use the Digital Therapy Programs in accordance with these Terms of Use
The digital therapy programs offered by Kaia are certified medical devices according to MDR and comply with the regulatory requirements of the Medical Devices Act.
All digital therapy programs offered by Kaia are expressly neither medical advice nor psychotherapy or physiotherapy. Rather, a medical diagnosis is a prerequisite for using the digital therapy programs. The digital therapy programs do not replace an examination or treatment by a doctor or therapist (together "Physician"), but can support them.
General requirements for use
a) as a statutory health insurance (GKV) patient, an activation code issued by Kaia following a doctor's prescription, or b) coverage/reimbursement by a health insurance company or a partner of Kaia, under which the user is authorized to access Kaia's Digital Therapy Programs. The use is time-limited and does not automatically convert into a subscription.
The use of the Digital Therapy Programs by the user also requires a prior medical diagnosis or approval from the user’s health insurance.
Before beginning a Digital Therapy Program, the user must familiarize themselves sufficiently with the corresponding instructions for use: Kaia Back Pain and Kaia COPD (together, the "Instructions for Use"), and specifically check if one or more “contraindications” mentioned in Section 1.3 of the Instructions for Use are present. If there are any doubts, the user must consult a doctor to ensure that the contraindication does not apply. The Instructions for Use can be accessed on Kaia's website at www.kaiahealth.de and are also available via the following links:
Instructions for use Kaia back pain
Instructions for use Kaia COPD
The Digital Therapy Programs may only be used by individuals who are of legal age (i.e., at least 18 years old), fully legally competent, and not under legal guardianship.
The Digital Therapy Programs must not be used if the user is under the influence of alcohol and/or drugs.
The user is required to wear appropriate, flexible clothing when using the Digital Therapy Programs.
The Digital Therapy Programs may only be used by individuals who are proficient in German or English, and can read and write in those languages.
Each use of the Digital Therapy Programs must take place in a safe environment. All dangerous and/or disruptive objects must be removed before starting the Digital Therapy Programs.
The Digital Therapy Programs are for personal use only and may not be used for commercial purposes. Public performances are expressly prohibited.
Medical/health requirements
The use of the digital therapy programs is only allowed for individuals deemed suitable for them. Determining whether a person is suitable for the digital therapy programs and whether therapeutic treatment can be conducted with these programs is the responsibility of the doctor treating the user. The digital therapy programs cannot and must not be used without prior approval from a doctor.
The use of the digital therapy programs is prohibited if the user has medical conditions, illnesses, physical characteristics, or similar factors that conflict with or are not compatible with the exercises displayed as part of the digital therapy programs. The user must have sufficiently discussed these medical conditions, illnesses, physical characteristics, etc., with their treating doctor and received approval to use the digital therapy programs. This also applies if any exercise displayed as part of the digital therapy programs involves movements that the user has been advised to avoid by a doctor or therapist. Such exercises must not be performed without consulting a doctor.
Participation in the digital therapy programs is also prohibited if the user has one or more contraindications as outlined in Section 1.3 of the respective instructions for use, or if a doctor has diagnosed or suspects the presence of such contraindications. In case of doubt, the user must confirm with a doctor that the contraindication does not exist before using the digital therapy programs.
The user is required to provide all information requested during registration and, if necessary, during the use of the digital therapy programs truthfully and completely. Additionally, the user must promptly inform Kaia if any previously provided information is no longer accurate and/or complete. The user is aware that the safe use of the digital therapy programs can only be ensured under these conditions.
For their own safety, the user is obligated to follow the instructions of the digital therapy programs and the respective instructions for use, and to perform the exercises displayed with due care and in accordance with Kaia's guidelines.
Any warnings and/or notices displayed during use must always be observed.
The use of the digital therapy programs requires the user to register and create a user account. There is no legal entitlement to use the digital therapy programs, and Kaia reserves the right to refuse the creation of a user account without providing legal reasons.
During registration, an individual activation code must be provided, which was issued by a Kaia partner or the health insurance company that verified the user’s eligibility for the digital therapy programs. The code can be digital (e.g., via email, QR code), analog (e.g., as a printout), or issued through an interface (e.g., SSO login) by the health insurance company. Registration is possible without entering the individual access code, but the user will only gain access to the digital therapy programs after entering the activation code provided by the health insurance company.
Access to the digital therapy programs is only allowed for registered users. Use by third parties is not permitted. The user must ensure that no third party can access their account and must keep their username and password confidential. In the event of a lost password, if the information becomes known to unauthorized persons, or if there is a suspicion of such, the user must immediately block their account or change their password and inform Kaia accordingly.
Kaia has the right to block the user’s account at any time if, and to the extent that, the conditions for use in accordance with Section 2 of these Terms of Use are no longer met and/or the user violates their obligations as set out in Section 3 of these Terms of Use.
Additionally, Kaia has the right to suspend the user’s account if there is suspicion of third-party misuse, until the issue is resolved or the access data is changed. If the misuse is found to be intentional by the user, Kaia is entitled to immediately block the user’s account.
If the user account is blocked in accordance with Section 5.1 or Section 5.2, Sentence 2, Kaia will promptly notify the user of the blocking and provide them with an opportunity to change their account or transfer their data to a third party within a 10-calendar-day period (in line with the data portability rights under data protection law).
After this 10-day period, during which the user can transfer their data, Kaia will permanently pseudonymize the user account. Following this, the user will no longer have access to the account or any of the information stored within it.
The user account will be permanently deleted by Kaia as soon as the statutory retention or limitation periods no longer apply.
The digital therapy programs are generally available at any time, day or night. However, Kaia cannot guarantee uninterrupted access to the digital therapy programs at all times. Additionally, Kaia reserves the right to temporarily interrupt the digital therapy programs for maintenance work and updates. These interruptions will preferably be carried out during periods that minimize disruptions.
Kaia assumes no liability for any disruptions or limitations in the usability of the digital therapy programs or their individual functions that are beyond Kaia's control, particularly those caused by technical or personnel-related delays, interruptions, or failures.
Kaia has unlimited liability for
intent and gross negligence,
Damage resulting from injury to life, limb or health and
Other mandatory legal regulations.
In the event of a slightly negligent breach of an essential obligation under these Terms of Use, Kaia's liability is limited to foreseeable and typical damages. An "essential obligation" under these Terms of Use refers to an obligation whose fulfillment is crucial to the proper implementation of these Terms of Use, the violation of which endangers the purposes of these Terms, and whose fulfillment the user regularly relies on. Damages are considered "foreseeable" if they were typically foreseeable at the time the user accepted these Terms of Use.
In accordance with the above paragraphs, Kaia is only liable for the loss of data if such loss could not have been prevented by appropriate data backup measures taken by the user.
Kaia has no further liability. In particular, Kaia is not liable:
If a user uses the digital therapy programs when the requirements for use according to Section 2 of these Terms of Use are no longer met. The user is aware that before using the digital therapy programs, they must confirm with their treating doctor whether and to what extent the programs are suitable for their use.
For recommendations from treating doctors that may lead to a deterioration in the user's health or any misconduct or harm caused by the treating doctor.
For damage to the user's health resulting from improper execution of exercises or due to known or unknown pre-existing conditions.
For delayed delivery or non-delivery of the digital therapy programs, to the extent that the delay or non-delivery is beyond Kaia's control. This applies particularly to failures of electronic or mechanical devices or communication systems, unauthorized access, telephone or other connection problems, computer viruses, unauthorized access, theft, operating errors, fire, extreme weather conditions, including floods, natural events, or directives from regulatory, governmental, or supranational authorities, war, or riots.
Kaia has the right to change the Terms of Use at any time with future effect.
The updated Terms of Use will be sent to the user in advance to the email address most recently provided in the user account and/or communicated via an announcement on the website www.kaiahealth.de. This notice will also include information about the possibility and deadline for objecting to the changes to the General Terms and Conditions, as well as the consequences of failing to object.
The revised Terms of Use will only become part of the usage agreement between Kaia and the user if the user agrees to them within two weeks of receiving the notification. If the user does not object to the changes within two weeks, they are considered accepted.
If the user does not agree to the updated terms and conditions within two weeks of notification, Kaia is entitled to terminate the usage agreement extraordinarily, with effect from the time the updated terms come into force. In this case, any pro-rata fees paid for services up to the regular end of the contract will be refunded.
All content provided by Kaia on the website www.kaiahealth.de, the Kaia mobile app, or Kaia's emails, as well as all other texts, software, images, graphics, videos, audio documents, etc., offered as part of the digital therapy programs, is protected by copyright. Any further use of this content requires the prior, explicit, written consent of Kaia.
In the event of a violation by the user of Section 10.1 above, Kaia is entitled to immediately revoke the user's access to the digital therapy products, block their user account, and delete it in accordance with Section 5 of these Terms of Use. The right to claim any damages caused to Kaia as a result of the violation remains unaffected.
In addition to these Terms of Use, the following data protection regulations also apply: (i) Privacy Policy Apps, (ii) Privacy Policy Website, and (iii) Data protection declaration for specialist groups from Kaia. These documents can be accessed by the user at any time via the website www.kaiahealth.de.
If the user revokes their consent to the data protection regulations, Kaia is entitled to immediately revoke the user's access to the digital therapy products, block their user account, and delete it in accordance with Section 5 of these Terms of Use.
The user has the right to revoke their consent to these Terms of Use within 14 calendar days from the day of registration without providing any reasons.
To exercise the right of withdrawal, the user must inform Kaia through a clear statement (e.g., by letter or email) of their decision to revoke their consent to these Terms of Use. The user may use the attached model cancellation form, though its use is not mandatory.
To preserve the right of withdrawal, it is sufficient for the user to send the notification of their decision to exercise the right of withdrawal before the withdrawal period has expired.
In the event of a revocation, Kaia is entitled to immediately revoke the user's access to the digital therapy products, block their user account, and delete it in accordance with Section 5 of these Terms of Use.
These Terms of Use constitute the entire agreement between Kaia and the User. There are no supplementary agreements to these Terms of Use.
Changes and additions to these Terms of Use, including the requirement for written form itself, must be made in writing to be effective.
The user may neither assign nor transfer their rights and obligations under the user account without the prior written consent of Kaia.
If any provision of these Terms of Use is or becomes invalid, unenforceable, or inapplicable, the remaining provisions will remain unaffected. The invalid, unenforceable, or inapplicable provision must be replaced by a valid, enforceable, and applicable provision that most closely reflects the economic purpose of the original provision. The same applies in the case of any regulatory gaps.
These Terms of Use, including their formation, as well as all rights and obligations arising from them, are governed by the laws of the Federal Republic of Germany, excluding its conflict of laws and the United Nations Convention on Contracts for the International Sale of Goods. Mandatory protective provisions of the law of the country where the user normally resides remain applicable.
kaia health software GmbH
Herzog-Wilhelm-Straße 26
80331 Munich
I hereby revoke my consent to the General Terms and Conditions of Use kaia health software GmbH.
| Registered on: | ________________________________________ |
| User name: | ________________________________________ |
| User address: | ________________________________________ |
| User email address: | ________________________________________ |
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Signature of the user (only for paper notification)
Date: _________________________