Terms of Use

Last updated: 6th of June 2024

  1. Introduction

    1. These terms of use are the terms and conditions of use (hereinafter "Terms of Use") of HealChain GmbH, Frankfurter Str. 27, 65760 Eschborn, Germany (hereinafter "HealChain GmbH"), the company that provides and operates the HealChain application (hereinafter "HealChain App") and applies to every user of the HealChain App (hereinafter "User" or "you").

    2. By accessing or using the HealChain App, you agree to be bound by these Terms of Use. If you do not agree to any part of the Terms of Use, you must not access the HealChain App. You should immediately stop using the HealChain App if you do not agree to the Terms of Use.

    3. These Terms of Use are made in English, are stored by HealChain GmbH and can be accessed by the User from within the HealChain App. Technical steps to access the HealChain App are set out below and within the build-in help section of the HealChain App.

  2. The HealChain App

    1. The HealChain App published and advertised by HealChain GmbH supports and promotes transparency for all patients. 

    2. No health services are offered, promoted or endorsed with or in the HealChain App. The HealChain App does not diagnose patients nor is it intended for self-diagnosis. The HealChain App helps build a foundation of information and data that can be discussed with your healthcare provider. If you have health problems, please consult your doctor or dentist or other licensed medical professional. Only an individual examination with a licensed medical professional can lead to a diagnosis and treatment decision. The HealChain App will not barter or otherwise monetise the User's personal identification information. 

    3. Use of the HealChain App is free of charge. The HealChain App is compatible with [Android and Apple] mobile phones. The HealChain App is available for download on Google Play and Apple App Store and it is provided in the following languages: [English]. The full specification and features of the HealChain App are shown here: www.healchain.com

    4. When accessing the HealChain App, the User bears the costs of their internet connection in accordance with the price list of the respective internet service provider, the HealChain GmbH charges no connection fees.

  3. Registration for the HealChain App and termination

    1. You must be at least 18 years old (or older if the laws of your country set a higher minimum age for expressing consent to the Terms of Use) to register for and use the HealChain App. You may not use the HealChain App if you are under the age of 18, regardless of your legal guardian's consent. You may also not use the HealChain App and may not accept the Terms of Use if you by law are barred from using the HealChain App or accepting the Terms of Use.  

    2. To register for the HealChain App, the User must download the HealChain App from the appropriate app store (App Store or Google Play) and go through the registration process, providing information to HealChain GmbH. This information may include the User's name, address, device information, email and phone number. The User may use their Google account to access the registration for the HealChain App. In such a case, the User is deemed to have already accepted Google's terms of use, according to which information may be submitted to Google. After all data has been transmitted, HealChain GmbH will send you a confirmation that the registration process was successful.

    3. When creating your account, you must use the email provided and confirm the creation of your account via the email that is forwarded to you. Failure to do so will result in account creation being denied. HealChain GmbH reserves the right to refuse the creation of an account and to block or close your account at any time and without giving any reason.

    4. You may delete your account at any time; by doing so, the contract between HealChain GmbH and the User is terminated. In case of HealChain App uninstall and/or if you are not active in the HealChain App for at least 6 months you will receive a reminder by email. If you are not active for another 6 months, you will receive another reminder email and if you remain inactive for further 6 months, your account and your personal data will be permanently deleted and the contract between HealChain GmbH and you is terminated.

  4. Password and Security

    1. You are solely and fully responsible for maintaining the confidentiality of your User ID and associated password, as well as all activities conducted using your password or from your account. If you suspect that your password or account has been used without authorization, contact HealChain GmbH as soon as possible. HealChain GmbH is not liable for any loss of data or damage related to misuse of your account.

  5. Intellectual property and rights of use

    1. The HealChain App contains a variety of copyrighted content, such as concepts, designs, logos, editorial content, formatting, diagrams, graphics, user interfaces, visual interfaces, photographs, software, software layout, music and sounds, images, videos and fonts. HealChain GmbH represents that it is the owner or licensee of all rights and content relating to or authorized to use the HealChain App and hereby grants you a non-exclusive and non-transferable right to use the software-related aspects of the HealChain App and the content displayed therein solely for your personal, non-commercial purposes in your country. 

    2. All rights not expressly granted to you are reserved by HealChain GmbH. Users may not copy, monetize, misuse, or misappropriate this content from the HealChain App. HealChain GmbH reserves the right to assert and enforce its trademark, copyright, trade secret and other intellectual property rights whenever necessary.

  6. Prohibited conduct

    1. Users may not use the HealChain App to:

  1. infringe, disregard, misuse or violate the patents, copyrights, trademarks, trade secrets, moral rights or other intellectual property rights of third parties or rights of publicity or privacy;

  2. violate or encourage the violation of any applicable law or regulation;

  3. commit fraudulent, false, misleading or deceptive acts;

  4. commit defamatory, obscene, pornographic, vulgar or offensive acts;

  5. engage in activities that promote discrimination, bigotry, racism, hatred, harassment or harm against individuals or groups;

  6. engage in activities that are violent or threatening or promote violence or acts that threaten any person or organization;

  7. engage in activities that promote illegal conduct;

  8. access, manipulate or use non-public areas of the HealChain App, HealChain GmbH's computer systems or the technical delivery systems of HealChain GmbH's providers;

  9. attempt to access or browse the services or download content from the HealChain App using any other machine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software or search agents provided by HealChain GmbH or other commonly available third-party web browsers;

  10. send unsolicited or unauthorized advertising, promotional materials, emails, junk mail, spam, chain letters or other forms of solicitation;

  11. use the HealChain App for any commercial purposes or for the benefit of any third party or in any manner not permitted by these Terms of Use;

  12. forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting or use the Services in any way to send altered, misleading or false information to identify the source;

  13. attempt to decrypt, decompile, disassemble or reverse engineer any software used to provide the HealChain App;

  14. interfere or attempt to interfere with the access of any User, host or network, including but not limited to sending a virus, overloading, flooding, spamming or mail bombing the HealChain App;

  15. collect or store personal data from the services without the express permission of other Users of the HealChain App;

  16. pretend or misrepresent their affiliation with any person or entity;

  17. encourage or enable another person to do any of the foregoing; or

  18. disseminate or provide inaccurate or misleading information.

  1. Any use of the HealChain App that deviates from the specifications of these Terms of Use and has not been approved in advance in writing by HealChain GmbH is strictly prohibited. In case of violation, HealChain GmbH reserves the right to terminate the license granted herein with immediate effect and to suspend or close your account.

  1. Availability and Updates

    1. HealChain GmbH provides the HealChain App as-is (“as-is”). It does not guarantee that the HealChain App will be made available error-free at all times or that it will be available for a certain period of time (subject to Article 8 below). HealChain GmbH reserves the right to update the HealChain App at its own discretion, but is not obliged to do so. These Terms of Use also apply to all updates of the HealChain App. HealChain GmbH further reserves the right to discontinue operation of the HealChain App at any time, in whole or in part, and with or without notice.

  2. Limitations of liability

    1. Downloading, installing and using the HealChain App is at your own risk. Both HealChain GmbH and the respective app store operator hereby exclude any warranty from or for the HealChain App completely and also do not make any other promises, guarantees or assurances with regard to the HealChain App. To consumers domiciled in the EU, the rights of the User in accordance with the EU Directive 2019/770 on certain aspects concerning contracts for the supply of digital content and digital services as implemented by the law of the EU member state where the User is domiciled (hereinafter “Directive”) will apply, in particular, such Users have the right to receive digital content and digital service in conformity to the contract and to the requirements of Articles 7 and 8 of the Directive and request bringing digital service to conformity or terminate the contract in the event that the services provided hereunder do not conform to these requirements.

    2. Unless mandatory provision of any applicable law requires otherwise (e.g. with respect to claims made by consumers that cannot be limited or excluded under any applicable law) claims of the User for damages are excluded and prohibited and, in any case, they shall be strictly limited to foreseeable direct damage and exclude any consequential and other indirect damage in particular any lost profits. Liability of HealChain GmbH to consumers domiciled in the EU shall be governed by Article 11 of the Directive.

  3. No health service or diagnoses

    1. No healthcare services are offered with or in the HealChain App. The HealChain App does not diagnose patients, nor is it intended for self-diagnosis. None of what is provided by HealChain GmbH or third parties in connection with the HealChain App is to be construed as professional medical advice, diagnosis or treatment or promotion or endorsement of the same.

  4. No liability for third party content

    1. In order to provide you with access to a comprehensive database, HealChain GmbH’s technology analyzes third-party information found on the internet and makes it available within the HealChain App. HealChain GmbH does not control or endorse this information and assumes no responsibility or liability in this regard. It is at your own discretion whether and to what extent you rely on the information you receive in connection with your use of the HealChain App.

  5. Applicable law and place of jurisdiction

    1. The law of the Federal Republic of Germany shall apply exclusively to these Terms of Use. With respect to consumers having their habitual residence within the EU such a choice of law shall not, however, have the result of depriving such consumers of the protection afforded to them by provisions that cannot be derogated from by agreement by virtue of the law of the country in which they have their habitual residence, provided that HealChain GmbH (i) pursues its commercial or professional activities in the country where the consumer has his habitual residence, or (ii) by any means, directs such activities to that country or to several countries including that country and these Terms of Use fall within the scope of such activities.

    2. Any dispute arising from or in connection with these Terms of Use shall be decided by the courts of the Federal Republic of Germany. Notwithstanding the above, a consumer domiciled in the EU may bring proceedings against the HealChain GmbH either in the courts of the Member State in which the HealChain GmbH is domiciled or in the courts of the place where the consumer is domiciled and proceedings may be brought against the consumer by the HealChain GmbH only in the courts of the Member State in which the consumer is domiciled.

    3. Consumers domiciled with the EU have the right to alternative dispute resolution (ADR) of a consumer dispute arising from these Terms of Use. Please refer to your national consumer protection authority for more details about such ADR procedure or alternatively you may use ADR portal operated by the European Commission at: https://ec.europa.eu/consumers/odr/.

  6. Modifications

    1. HealChain GmbH may amend these Terms of Use at its own discretion. In such a case, HealChain GmbH will send a notification in the HealChain App, by email or by another means by which HealChain GmbH informs Users of the change. If you do not agree with the change to the Terms of Use, you can delete your account in the settings area of the HealChain App and thereby stop using the HealChain App. If you use the HealChain App after the amendment enters into effect, you are deemed to have accepted such an amendment.

  7. Personal Data

    1. Processing of your personal data is governed by the Privacy Policy shown at: www.healchain.com/privacypolicy. You will be required to confirm your understanding and acceptance of the Privacy Policy at the time of registration to the HealChain App.

  8. Entirety of the Terms of use

    1. The legal relationship between HealChain GmbH and the User is conclusively and exclusively regulated by these Terms of Use and all conditions stated herein.

  9. Patient Stake Principle reward program

    1. Users of the HealChain App have the option to participate in a reward program facilitated by HealChain GmbH where they shall have the opportunity to engage in research studies, fulfill questionnaires, contribute to the development of medications or supplements and earn a reward for this participation. To see how the Patient Stake Principle reward program works see: www.healchain.com/psp.