Terms of Use for the iDIERS App
1.
The contract for the use of the iDIERS app and the functions offered therein comes into effect upon downloading or first use of the iDIERS app.
Use of the services offered by the iDIERS app requires downloading the iDIERS app from an app store and accepting the terms of use.
The right to use the iDIERS app ends automatically in the event of a violation of the terms of use or if iDIERS withdraws the right of use at its own discretion. This can be done without giving reasons.
2. Application instructions:
The iDIERS app offers the possibility of individual medical training, which a doctor has created for the user after a detailed medical history and measurements.
The iDIERS app allows you to keep an electronic diary to document the course of pain, any pain that may occur, and the level of exertion for each individual training session.
The entries stored in the training diary can be exported as PDF files and thus sent to third parties and also saved locally.
The iDIERS digital health application actively supports accessible functions on Android and iOS and can therefore also be used by patients with disabilities (hearing, vision, motor skills).
For reasons of better readability only, the masculine form is used in the texts of the app, the website, and other communications.
3. Technical requirements
Hardware compatibility iOS app:
Any hardware running iOS version 11.0 or higher for mobile phones and tablets.
Software compatibility iOS app:
Requires iOS 11.0 or newer.
Hardware compatibility Android app:
Any hardware from Android version 8.0 for mobile phones and tablets.
Software compatibility Android app:
Android OS version 8.0 or higher.
In order to be able to use the full range of iDIERS services, users must keep their software up to date. Certain activations may also be required (e.g., Java Script).
In addition, the applicable terms and conditions of Apple (iOS App Store) and Google (Google Play) apply to the use of the iDIERS app on mobile devices, depending on the operating system of the device used.
4. Medical requirements
The medical requirement for use is a stable general state of health.
If pain, discomfort, or loss of function occurs during or after using the app, the program should be discontinued and, if necessary, a doctor should be consulted at your own discretion.
The basic exclusion criteria (contraindications) for using the iDIERS digital health application are:
• Uncontrolled high blood pressure
• Heart failure
• Acute myocardial infarction
• Cardiac arrhythmia
• Acute herniated disc
• Recent vertebral fractures
• Pregnancy
• Severe osteoporosis
• Acute or chronic infection
• Acute dizziness/malaise
• Surgery in the last 3 months or on the spine/extremities in the last 12 months
• Suspected spinal injuries
• Spinal tumor
• Spinal infections
• Acute severe pain in the musculoskeletal system
• Reduced control over the legs
• Unsteady gait
In addition, physiotherapy exercises, like all physical activities, should not be performed during acute febrile illnesses.
Side effects of using the app as intended may include temporary, mild pain due to overuse of joints, muscles, or tendons.
If any other undesirable effects are noticed when using iDIERS, users should send an email to idiers@diers.de or contact their doctor.
5. Content and services
iDIERS provides the services within the scope of these TERMS OF USE in accordance with the current state of the art.
iDIERS continuously develops the app and programs. New functions may be introduced and existing ones replaced by new ones or removed without replacement.
In the event of a culpable violation of legal regulations or these TERMS OF USE by the user or a third party attributable to them, iDIERS is entitled to suspend the user’s customer account.
6. Use/Payment
When using an activation code, the period of use is limited to the activated period. This type of use does not result in automatic renewal or conversion to a paid subscription for the user. At the end of the activated period, the user will simply be notified that a new activation code must be entered or a paid subscription must be taken out in order to continue using the service.
When taking out a subscription as a self-payer (without an activation code), the selected term is considered the minimum term. The subscription ends automatically at the end of the selected term.
Payment of usage fees for self-payers is made in advance to the respective distribution channel (e.g., iOS App Store or Google Play) and, in the case of recurring fees, in accordance with the agreed billing cycle.
Use with cost coverage/reimbursement by health insurance is limited in time and ends automatically at the end of the cost coverage or reimbursement period. This use ends
7. Right of withdrawal
The user has the right to withdraw from the contract within 14 days without giving reasons. The withdrawal period is 14 days from the date of conclusion of the contract. The date of conclusion of the contract is the date on which a paid subscription contract is concluded.
To exercise the right of withdrawal, the user must inform iDIERS of their decision to withdraw from the subscription agreement. The withdrawal must be sent to the following email address, stating a domestic checking account: idiers@diers.de. The wording of the withdrawal is free, but must clearly indicate the user’s intention.
To meet the withdrawal deadline, it is sufficient for the notification of the exercise of the right of withdrawal to be sent before the expiry of the withdrawal period.
If the user has exercised their right of withdrawal, iDIERS will refund all payments received immediately and at the latest within fourteen days from the day on which iDIERS received the notification of withdrawal and the identity of the user could be confirmed.
8. User obligations
The user bears full responsibility for the security and confidentiality of the access data entered when setting up the iDIERS account.
The user guarantees the completeness and accuracy of all options selected and data provided by them in the app.
In the event of intentional incorrect selection and provision of false data, iDIERS reserves the right to suspend the user’s customer account and demand compensation for any damages incurred as a result.
The iDIERS app is only available through the iOS App Store (Apple) and Google Play Store (Google). Obtaining or providing the iDIERS app from any other source is strictly prohibited. Any violation will automatically result in the termination of the right of use and support by iDIERS GmbH. iDIERS GmbH shall be held harmless and indemnified in this regard.
9. Copyright, license, and trademark rights
The design of the iDIERS app (insofar as it does not concern standard app elements) and the texts, images, graphics, layouts, sounds, animations, videos, and databases contained therein are protected by copyright or subject to other laws protecting intellectual property. Unless otherwise indicated, they are the property of iDIERS.
The iDIERS app offering may not be interpreted in such a way that it would tacitly, by forfeiture of rights or in any other way transfer a license or title to a copyright, patent, trademark or other property right of iDIERS or a third party.
The storage or archiving of programs and content provided in the app outside of the app is not permitted.
The transfer or offering of the programs (in whole or in part) to third parties is not permitted. Any commercial reproduction of the copyright-protected content or commercial transfer to third parties is prohibited and will be prosecuted by iDIERS.
The user is prohibited from removing copyright notices, trademarks, and other legal reservations from downloaded content.
10. Liability of the provider
The training therapy plan in the iDIERS app is based on a biomechanical analysis and medical diagnosis by a physician. The information and data collected within the iDIERS app, statistically evaluated, and visually illustrated in the form of diagrams cannot be used directly as a basis for therapy and do not constitute medical advice.
The physical condition of each user is different. The health of each individual depends on many specific factors. The success of the programs also depends on numerous factors over which iDIERS has no influence. Consequently, no guarantee can be given for the success of the programs.
iDIERS does not assume any liability or guarantee for the intended functionality and availability of the programs. iDIERS does not owe any specific success.
iDIERS shall not be liable for ensuring that the functionality and availability of the programs meet the medical needs of the user, particularly in the event that the user has provided incorrect or incomplete information about themselves, their health, their current treatments, or their symptoms at the beginning of or during use of the app.
iDIERS accepts no liability for damage to health caused to users due to improper execution of the program content and/or due to known or unknown pre-existing conditions.
iDIERS is not liable for damage incurred by the user due to the unavailability or technical malfunction of the programs. Any reduction in the usage fee paid remains unaffected by this.
iDIERS excludes any liability for negligent breaches of duty. Damages resulting from injury to life, limb, or health, as well as guarantees, remain unaffected by this.
The aforementioned exclusions of liability also apply to breaches of duty by iDIERS’ vicarious agents and their legal representatives.
All claims against iDIERS for damages or reimbursement of futile expenses are subject to a limitation period of two years from the time the user becomes aware of the damage. Regardless of this knowledge, claims for damages expire at the latest three years after the date of the damaging event. This does not apply to liability for intent or gross negligence or for personal injury.
11. Changes to the Terms of Use
iDIERS reserves the right to change the Terms of Use at any time and without giving reasons. The new Terms of Use will be displayed the next time the iDIERS app is launched.
The user has the option of objecting to the change in the TERMS OF USE. If the user does not object to the changes within two weeks, they shall be deemed accepted. The period begins on the day the amended TERMS OF USE come into effect.
In the event of a timely objection, iDIERS is entitled to terminate the user relationship with effect from the date on which the amended TERMS OF USE come into force. In this case, pro-rata fees up to the regular end of the contract will be refunded.
12. Data protection; storage
Information on the handling of personal data is documented in the privacy policy, which can be accessed in the iDIERS app under Info > Privacy Policy.
13. Data backup
It is the user’s responsibility to regularly back up data and information relevant to them against loss, damage, and alteration at a technical level appropriate to the importance of the data. In particular, iDIERS does not assume any warranty or liability that data created by the user in the iDIERS app will be permanently preserved or backed up.
14. Place of jurisdiction, choice of law
The exclusive place of jurisdiction for all disputes arising from the use of the iDIERS app is Munich. The law of the Federal Republic of Germany applies exclusively.
15. Final provisions
Should individual clauses of the above terms of use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes as close as possible to it in economic terms in a legally permissible manner. The same applies in the event of a loophole.
As of: November 7, 2022