Legal Disclaimer

Last updated: 21 April 2026

The German-language version is legally authoritative; translations into other languages are non-binding convenience translations.

1. SCOPE

1.1 The following terms and conditions of Preventicus Heartbeats Services, in their currently valid version, together with the data protection consent form (“Data Protection Consent”), govern the use by consumers (Section 13 of the German Civil Code (BGB)) of the apps developed by Preventicus GmbH, with its registered office at Ernst-Abbe-Str. 15, 07743 Jena, Germany, (“Preventicus”, “we” or “us”) and the use of the services offered by us via these apps (hereinafter also “Heartbeats Services” or “App”). In particular, the Preventicus Heartbeats Services Terms and Conditions apply to the App Preventicus Heartbeats, the Preventicus Nightwatch app and additional packages available via in-app purchase.

1.2 These Preventicus Heartbeats Services Terms and Conditions also apply to our Heartbeats Services that we offer via third-party apps.

2. CONCLUSION OF THE CONTRACT

2.1 Upon acceptance of the Preventicus Heartbeats Services Terms and Conditions, a free contractual relationship is established between Preventicus and the User, into which these Preventicus Heartbeats Services Terms and Conditions are incorporated.

2.2 Subject to the terms and conditions set out herein, we grant the user a limited, non-exclusive, revocable licence to use the app, which is additionally subject to the applicable terms and conditions of Apple (App Store) or Google (Google Play) (together “App Stores”), from which the user has downloaded the app. The App is licensed, not sold.

2.3 The data protection consent is not part of these Preventicus Heartbeats Services terms and conditions. To use the App, the User must separately consent to the processing of their health data in accordance with the displayed data protection consent form. In this form, we explain which personal data is collected, processed by us or, where applicable, by third parties named therein, or provided by you via the App. After agreeing to the Preventicus Heartbeats Services Terms and Conditions, the user has the option to make use of free and paid services. These Preventicus Heartbeats Services Terms and Conditions apply exclusively to these free and paid services.

2.4 Before concluding a contract for paid services, Preventicus shall inform the user of the respective service content, the respective price and the terms of payment. The user selects a payment method, such as entering their payment details on the payment page, by submitting the payment details to Preventicus or to the service provider commissioned by Preventicus.

2.5 The user agrees that payment for Preventicus’s chargeable services may be processed via a service provider commissioned by Preventicus (e.g. a payment service provider or credit card company). The user may use a standard and reasonable payment method free of charge.

2.6 If the user uses the app via a mobile network, the user may incur additional costs, such as connection charges and roaming fees. Whether and which costs are incurred depends on the terms and conditions of the mobile network operator. The incurrence of these costs is not within Preventicus’s control. The user is responsible for these additional costs.

2.7 The app may contain content from third parties or links to third parties or third-party services (collectively “third-party services” or “third-party providers”) or link to them. Third-party services are not subject to the control of Preventicus. Preventicus is not responsible for such content, including the privacy policies or practices of the operators of these third-party services. Users should carefully read the Terms of use and privacy policies of these third-party providers.

3. SUBJECT MATTER OF THE AGREEMENT

3.1 Preventicus offers its users services within the framework of pre-clinical risk screening to identify and provide their health data by analysing this data using the algorithms employed by Preventicus. The user provides the necessary details via manual input and the use of a mobile device (e.g. a smartphone). From the details and measurements provided by the user, Preventicus uses its evaluation algorithms to generate individual, user-specific results, which Preventicus makes available to the user in the form of a summary.

3.2 Medical diagnostics, telemedicine or services provided under a medical contract are not the subject of this contractual relationship between Preventicus and the user.

3.3 The app may be used to detect signs of arrhythmias in non-clinical settings in non-acute situations. These arrhythmias include bradycardia, tachycardia, absolute arrhythmia with suspected atrial fibrillation and the occurrence of premature heart beats.

3.4 To this end, heart rate data recorded via wearables or a smartphone camera is collected over a specific period. Should such signs be detected, the user can save the underlying information in the full version. In addition, the user is advised to seek a further medical assessment by qualified personnel. The result obtained is merely a possible suspicion, not a diagnosis in the medical sense.

3.5 User data within the meaning of these Terms and Conditions of Preventicus Heartbeats Services refers to the data that the user provides, either through manual input or otherwise following the personal use of measuring devices, in particular their Basic data and their personal results as determined by Preventicus.

4. USAGE PACKAGE – FREE AND PAID SERVICES PROVIDED BY PREVENTICUS

4.1 ‘Trial Version’ usage package – free services

For new users of the App Preventicus Heartbeats, the first measurements with a full measurement report are free of charge. Once this limit has been reached, short-term measurements can still be carried out free of charge. However, this will be without a specific evaluation of the measurement data. The free short-term measurement serves only to determine whether there is sufficient signal quality to allow the entered and measured data to be evaluated. The basic version does not offer detailed analysis, no option to save results, and no option to communicate with third parties via the app.

4.2 ‘Full Version’ usage packages – paid services

1. a) Use of the full version is subject to a fee.
2. b) Different services are included depending on the Full Version package booked.
3. Classic Package

When using the Classic package, the user has access to the following services in addition to the features of the “Trial Version” usage package:

• 1- and 5-minute measurements via smartphone camera with detailed analysis,
• the option to generate, save and send a detailed analysis report,
• the option to specify the reason for the measurement or any symptoms, and
• access to the archive of your analysis reports,
• access to regular knowledge articles and
• access to simple progress and trend analyses.

2. Value 360 Package

When using the Value 360 package, the user has access to the following services in addition to the features of the “Classic” package:

• A monthly review of abnormal measurements by medical professionals via the Telecare Centre
• Access to the Preventicus 360° module, with a comprehensive health profile and heart risk check
• Feedback and personalised Recommendations, as well as
• a health index and progress tracker to identify lifestyle improvements.

1. c) To use any of the full-version packages, a subscription must generally be purchased, which is billed on a monthly or half-yearly basis. Additionally, as part of promotional campaigns, varying contract terms may apply. This is specified in the offer. The billing method, price and contract term are listed in each offer and are summarised in full before the order is completed. The contract for the purchase comes into effect upon confirmation of the purchase of the full version.
2. d) An app store service is required to enable the purchase recovery function for the app. The user agrees to the applicable Terms of use of the app store service. This provision applies exclusively to our apps and not to the Heartbeats services offered via third-party apps.
3. e) Paid use may be terminated at any time at the end of the contract term; otherwise, the contract term is automatically extended by one payment period. Upon termination of paid use, free use remains possible with the aforementioned limited scope of evaluation and interaction.

4.3 The app is a clinically validated medical device and meets the essential requirements of Directive 93/42/EEC and its national implementations.

5. WITHDRAWAL / TERMINATION

5.1 Cancellation policy

Right of withdrawal:

As a user, you have the right to withdraw from this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us, represented by the managing directors Dr Thomas Hübner and Alexander Stanke (telephone: +49 3641 55 98 45 0, email: info@preventicus.com), by means of a clear statement (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, although this is not mandatory.

To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.

Your right of withdrawal expires prematurely if we have fully performed the service and have only commenced performance of the service after you, as the consumer, have given your express consent and at the same time confirmed your awareness that you will lose your right of withdrawal upon full performance of the contract by us.

Consequences of withdrawal:

If you withdraw from this contract, we shall refund to you all payments we have received from you without delay and at the latest within fourteen days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged any fees in connection with this refund.

If you have requested that the services commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal in respect of this contract, compared to the total scope of the services provided for in the contract.

Model withdrawal form:

(If you wish to withdraw from the contract, please complete this form and send it to us.)

To

Preventicus GmbH, represented by the managing directors Dr Thomas Hübner and Alexander Stanke,

Ernst-Abbe-Str. 15, 07743 Jena, Germany:

Fax: +49 3641 55 98 45 9

Email: info@preventicus.com

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for paper Notifications)

Date

_______________

(*) Delete as appropriate.

– End of the cancellation policy –

5.2 Subject to the provision in clause 5.3 and without prejudice to the provision in clause 5.1, the user has the right to terminate the concluded contract for the provision and use of the service within 14 days of accepting these terms and conditions, without giving any reason. The user will then be refunded the usage fee paid.

5.3 By accepting these terms and conditions, the user instructs us to make the app available to them as a download even before the expiry of the two-week withdrawal period. In doing so, the user expressly waives the aforementioned right of termination under clause 5.2 and the refund of the usage fee.

5.4 Even if the ‘Full Version’ usage package has already been activated at the time of cancellation, the user may terminate the contract for the use of the ‘Full Version’ usage package at the end of any month or up to 24 hours before the expiry of an existing subscription. Refunds are excluded. This does not affect the assertion of rights by the user in the event of an app that is faulty or does not correspond to the product description.

6. TELECARE USAGE PACKAGE – THIRD-PARTY SERVICES ARRANGED BY PREVENTICUS FOR A FEE

6.1 “Telecare Centre” usage package – third-party services subject to a fee

1. a) The Telecare Centre is a service provided by Telecare Center Ulm GmbH. Use of the Telecare Centre is subject to a fee.
2. b) Users of the full version have the option of submitting analysis reports to the Telecare Centre for review and evaluation by medical technical staff in terms of cardiac rhythm and technical aspects (“KRT”, or “KRT analysis”). To this end, the series of measurements contained in the analysis report, the stated age and gender, and any comments provided by the user, at their request, are made available to medical technical staff at the Telecare Centre.
3. c) The user can thus have the measurement series re-checked by medical technical staff at the Telecare Centre. Using the KRT analysis, the medical technical staff validate the signal quality of the measurement series, taking into account any interference parameters recorded by the Heartbeats app. The medical technical staff also analyse any rhythmological abnormalities that the Heartbeats app cannot detect (atrial fibrillation, premature heart beats or heart rate abnormalities). Once the cardiac rhythm analysis has been completed, the user receives an extended results report from the Telecare Centre containing an assessment of the abnormalities and information for the treating doctor.
4. d) The results report is usually made available to the user in the app on the following working day, or at the latest after three working days.
5. e) Individual prices for a KRT or any package prices are listed in the offer (contractual offer) in each case. Before the analysis report is submitted for the first time, the user is informed about the forwarding of the data to the Telecare Centre. Use is subject to the General Terms and Conditions of Telecare Center Ulm GmbH. By submitting a request for a KRT analysis, the user consents to the provision of their data to the Telecare Centre by Preventicus GmbH. The General Terms and Conditions of Telecare Center Ulm GmbH apply, available here. The contractual partner remains Preventicus GmbH
6. f) The results determined by the Telecare Centre are for information purposes only and under no circumstances replace a personal diagnosis, advice, care or treatment by medical or medically trained staff. A possible misjudgement by the medical-technical staff cannot be ruled out. The service is not intended for decision-making in emergency situations, nor for real-time monitoring of vital signs, nor does it interfere with existing guideline-compliant diagnostic pathways or therapeutic measures. The Telecare Centre and its bodies, senior executives, employees, agents, partners, affiliated companies and licensors accept no responsibility whatsoever for decisions made by the user based on the information provided, such as the decision as to whether or not the user should seek care or treatment from medical professionals. This service does not constitute a medical service and is not intended to replace one!
7. g) Where the user participates in a managed care program or a study, different contractual or other conditions of participation may apply. In such cases, the Telecare Centre service may be integrated into the use of Heartbeats Services and, for example, analysis reports may be automatically transmitted to the Telecare Centre if rhythmological abnormalities have been detected. In such cases, an additional fee for the Telecare Centre service may not apply.

7. USAGE PACKAGE – PREVENTICUS COACH

7.1 ‘Preventicus Coach’ usage package – paid service provided by Preventicus GmbH

1. a) The marketing name of the medical device Preventicus Coach is Preventicus 360°. Hereinafter referred to as Preventicus 360°.
2. b) Preventicus 360° is a service provided by Preventicus GmbH. The use of Preventicus 360° is subject to a fee.
3. c) Users of the full version have the option of using Preventicus 360° to record further health data in order to create a personal health profile across various areas (e.g. Heart health, circulation, metabolism, well-being, mobility), on the basis of which information and suggestions for maintaining or improving health are displayed. Users can view their health profile over time and are reminded at regular intervals to update their tests. This is intended to support the early and targeted Prevention of lifestyle-related diseases.

The underlying health profile is created and updated based on the heart rate and heart rhythm data measured in the App Preventicus Heartbeats, the Basic data on age and gender stored there, the user information from the medically validated questionnaires, and further self-administered tests.

1. d) Depending on the completeness and up-to-date status of the health profile, reports are generated and made available, in particular regarding heart health, taking into account measurements of heart rhythm and resting heart rate (in each case via pulse analysis) and the risk of a heart attack; regarding circulation, including the risk of stroke and high blood pressure, taking into account user-provided data on blood pressure; on metabolism and the risk of diabetes, taking into account user-provided data on BMI, Waist-to-height ratio and alcohol consumption; on Well-being and the risk of depression, including a Relaxation index (via pulse analysis) and taking into account user-provided information on mental well-being; regarding mobility and back health with an assessment of coordination, strength, Flexibility or muscular endurance, taking into account user-provided information on the assessment of functional and mobility limitations.
2. e) The results and assessments provided are merely a risk assessment, not a diagnosis in the medical sense. The results are provided solely for informational purposes and under no circumstances replace a personal diagnosis, advice, care or treatment by medical or medically trained personnel. The system is not intended for decision-making in acute situations, nor for monitoring vital signs, nor does it interfere with existing diagnostic pathways or guideline-based diagnostic or therapeutic measures. It is intended solely for the self-assessment of health-related data, the motivation of lifestyle changes and, thereby, Prevention of common lifestyle-related diseases.
3. f) The Preventicus 360° add-on package can only be purchased as part of a bundle, i.e. together with the full version. The price of the add-on package is specified in the offer (contractual offer). Prior to purchase, the user is required to accept the General Terms and Conditions and to give consent under data protection law to the processing of health data. Only upon giving their consent does the user make a binding declaration of their intention to use the service (acceptance of the contract). This brings the service contract between the user and Preventicus GmbH into effect.
4. g) Where the user participates in a Managed care program or a study, different contractual or other conditions of participation may apply. In this context, the Preventicus 360° add-on service may be integrated into the use of Heartbeats Services and, for example, automatically generate and update the Health profile based on heart rate and Heart rhythm data and Basic data, and display relevant analyses, information and recommendations.

8. SCOPE OF SERVICES TO BE PROVIDED BY PREVENTICUS

8.1 Preventicus is under no obligation to check or verify the accuracy, completeness and currency of the data provided by the user. For the provision of services, Preventicus may assume that the data provided by the user is accurate, complete and up to date. Should the data provided by the user be inaccurate, incomplete or out of date, the user automatically accept that the results determined by Preventicus may be inaccurate. The analyses are therefore always of limited informative value and make no claim to completeness or accuracy. Preventicus therefore accepts no warranty or guarantee for the accuracy and/or completeness of results and other information, in particular from a medical or clinical perspective.

8.2 The results generated by Preventicus are provided for information purposes only. Any analysis constitutes abstract information and is therefore always non-binding; it does not constitute information regarding the user’s actual State of health, nor does it constitute advice or a recommendation regarding the treatment of illnesses or ailments. Such information, advice or recommendations can only be provided by a doctor or other personnel trained in medicine or therapy. It is impossible for Preventicus to carry out a medical or other specialist medical or health examination and is therefore not obliged to do so. The respective analysis cannot replace the medical history, examination, diagnosis and treatment suggestions provided by a doctor. The results obtained therefore do not constitute a diagnosis and under no circumstances replace or supplement personal consultation, care or treatment by medical or other medically trained professionals, who are solely responsible for making diagnoses, making recommendations for treatment therapies or prescribing medication. The assessments are merely non-binding notes on potential risks. No assessment replaces a medical examination. Preventicus is not obliged to provide a binding health risk assessment or therapeutic decisions. Even if a result does not indicate a risk, one may still exist. Preventicus does not provide healthcare for the user. Preventicus therefore expressly urges all users to always seek medical advice immediately in the event of symptoms of illness or health problems. Preventicus expressly advises against starting, changing or stopping treatments without consulting a doctor.

8.3 Preventicus checks information provided in the course of service provision with the utmost care and with reference to recognisably current medical developments. Preventicus does not guarantee the accuracy, completeness, timeliness or usefulness of this information.

8.4 Whether and how the user utilises the assessments is at their own risk. Preventicus and its officers, directors, employees, agents, partners, affiliated companies and licensors accept no responsibility whatsoever for decisions you, as a user, make based on the website and/or the information provided, such as the decision as to whether or not to seek care or treatment from medical professionals. You hereby waive all claims you have against Preventicus and its officers, directors, employees, agents, partners, affiliated companies and licensors, or may acquire in the future, and agree to indemnify the aforementioned parties against all claims, proceedings, costs, and direct or indirect damages arising in connection with your use of the information. This also applies to loss of profit.

8.5 There is no agency or contractual relationship between Preventicus and the user.

8.6 Preventicus makes no representations and gives no guarantee that the app will operate securely, without interruption or error. Preventicus assumes no obligation regarding the operational suitability or functionality of the smartphone or other hardware used by the user.

9. USER’S OBLIGATIONS

The user is responsible for creating the necessary conditions for accessing the app, which includes, in particular, establishing an internet connection.

10. RESTRICTIONS ON USE, PROHIBITIONS ON ACCESS

10.1 The following types of use and access are prohibited:

1. a) The use of the app for unlawful purposes, in particular those contrary to law or contract, or the promotion thereof. This applies mutatis mutandis to any attempts to do so.
2. b) Accessing, manipulating or using non-public areas of the App, Preventicus’s computer systems or our providers’ technical transmission systems
3. c) The probing, scanning or testing of the app’s vulnerabilities, or the breach or circumvention of security and authentication measures.
4. d) Any automatic or manual attempts to access the App or information and data, or to search the App using interfaces other than those currently available and publicly provided by Preventicus.
5. e) Any disruption or interruption of access to the App by other users, as well as any attempts to do so.
6. f) The use, collection, spying on or disclosure of third-party data or information without their express authorisation, which must in all cases be demonstrated to Preventicus.
7. g) Any alteration, linking, deep linking, storage, reproduction, duplication, copying, sale or trading in the content or graphic design of the App or the information contained therein.

10.2 Furthermore, the user is prohibited from

1. a) store, publish, transmit or disseminate racist, offensive, discriminatory, defamatory, sexually explicit, violence-glorifying or other unlawful content;
2. b) to carry out or attempt disruptive interference with the Preventicus system using technical or electronic means, in particular through hacking, brute force, viruses, worms or Trojans;
3. c) to read, copy, distribute and transmit accessible data without the express consent of the respective rights holder, or to extract such data using technical means (crawlers, bots);
4. d) sending chain letters or messages, in particular mass emails or spam, to several people at the same time;

10.3 In the event of a breach of any of the obligations set out herein or of any attempts to do so, Preventicus is entitled at any time to withhold or remove information or other data, as well as to terminate paid services for good cause.

11. CHANGES TO THE APP AND CONTENT

11.1 Preventicus reserves the right to change the content, graphic design or structure of the app. Preventicus further reserves the right to temporarily suspend access to the app, its operation or its functions, in whole or in part, at any time for this purpose or for other reasons.

11.2 Preventicus is responsible for its own content on the Preventicus website and the App in accordance with general laws. Preventicus is not obliged to monitor transmitted, linked or stored third-party information or to investigate circumstances that indicate unlawful activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, liability in this regard only arises from the point in time at which a specific infringement becomes known. Should Preventicus become aware of infringements caused by content, Preventicus will remove such content immediately.

12. CHANGES TO THESE TERMS

12.1 We may amend these Preventicus Heartbeats Services Terms and Conditions from time to time, for example to implement changes in the law or to introduce new features, services or apps. Such changes shall take effect from the time we send the user a notification thereof, for example, if we display a note to this effect when the app is launched and ask the user to confirm these changes before the app can continue to be used.

12.2 Should any changes objectively place the user at a disadvantage, we will give 30 days’ notice of such changes. Should the user not agree with any of the changes, they must contact us before the changes come into effect. Otherwise, the changes shall become part of the contract upon taking effect.

12.3 The user of the full version is only entitled to set-off insofar as their counterclaims are undisputed or have been established by a final and binding court decision. The user is only entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship.

12.4 We will not archive any copies of these Preventicus Heartbeats Services Terms and Conditions relating to your use of the Heartbeats Services. A link to the currently valid and printable version will always remain available via the app.

13. RIGHTS TO THE WEBSITE, THE APP AND TRADEMARKS AND NAMES

13.1 All rights to the website and the app, in particular copyright, trade mark, patent and all other intellectual property rights, as well as all rights to the name ‘Preventicus’ or confusingly similar derivatives, to logos, to domains and to all information (with the exception of individual data entered by the user) are and shall remain exclusively with Preventicus or its licensors. “Preventicus” is a registered trademark of Preventicus GmbH in the EU and other countries.

13.2 The reproduction, adaptation, distribution and any form of exploitation of content or components of the website and the app require the written consent of Preventicus. Downloads and copies of the website or the app for commercial use are not permitted.

13.3 Insofar as Preventicus has not created the content on the Preventicus website or the app, Preventicus respects the copyright of third parties. Third-party content is identified as such. Should the user nevertheless become aware of a copyright infringement, Preventicus requests that they send us a Note accordingly. Upon becoming aware of any infringements, Preventicus will remove such content immediately.

14. LIABILITY AND RESPONSIBILITY OF PREVENTICUS

14.1 Preventicus shall be liable for wilful misconduct and gross negligence. In cases of slight negligence, Preventicus shall be liable only and limited to foreseeable damage typical for this type of contract, insofar as Preventicus breaches an obligation that is essential for achieving the purpose of the contract. Irrespective of the basis of the claim, Preventicus shall not assume any further liability. The foregoing limitations and exclusions of liability shall not apply to claims for damages arising from injury to life, limb or health, or to claims under the Product Liability Act. Insofar as Preventicus’s liability is limited or excluded, the personal liability of Preventicus’s agents and vicarious agents shall likewise be limited or excluded. The above limitations of liability also apply to third parties who are included within the scope of protection of the contract.

14.2 Preventicus shall not be held responsible or liable for any damage to the user’s computer system, the loss of data or any other detriment arising from access to the website or the app or their respective use. This also applies to the destruction of, or failure to store or transmit, data, information and other Notifications.

15. GENERAL NOTES ON DATA PROTECTION

15.1 Data protection is a matter of great importance to Preventicus. The user may find further information on data protection in the Privacy policy for the use of the App Preventicus Heartbeats by Preventicus. The processing of data provided by the user and the security of such data are carried out in accordance with the Privacy policy for the use of the App Preventicus Heartbeats by Preventicus, in compliance with applicable data protection legislation.

15.2 Preventicus does not sell, exchange or otherwise make unauthorised use of personal data. In particular, Preventicus does not disclose the user’s personal data to third parties, unless the user has given their consent or there is a legal obligation on Preventicus to disclose the data. External service providers of Preventicus who, acting on behalf of and at the request of Preventicus and bound by its instructions, provide services as data processors in the context of contract fulfilment with the user are not considered third parties. These include, for example, web hosting providers or email and newsletter senders.

16. COMMUNICATION WITH US / INFORMATION OBLIGATIONS

If you have any questions, please simply contact our customer service team. Send us an email to info@preventicus.com

Or write to us at:

Preventicus GmbH

Ernst-Abbe-Str. 15

D-07743 Jena

We have not opted into any out-of-court complaint or redress procedures.

The user may access, copy, save and print the contract text at any time via the following link . We store the contract texts ourselves and make them available to the user by email upon request.

We have not submitted to any specific code of conduct (set of rules).

Since 9 January 2016, Regulation (EU) No 524/2013 (ODR Regulation) has been in force concerning online dispute resolution in consumer matters. It applies to the out-of-court resolution of disputes concerning contractual obligations arising, inter alia, from online service contracts between consumers and online businesses, and aims to achieve a high level of consumer protection within the European single market. The option of online dispute resolution (ODR) is intended to provide a simple, efficient, rapid and cost-effective out-of-court solution for disputes. The ODR platform forwards properly submitted complaints to the (under national law) competent ADR bodies (Alternative Dispute Resolution). Use of the ODR platform itself is free of charge; however, in proceedings before the ADR bodies, the consumer may incur costs (up to EUR 30.00) if their claim is deemed to be an abuse of the law.

Link to the European Commission’s ODR platform: ec.europa.eu/consumers/odr

17. FINAL PROVISIONS

17.1 We are entitled to assign our contractual rights and obligations to a third party. Any assignment of the User’s contractual rights is excluded. The contractual rights and obligations arising from the User’s concluded User Agreement may only be assigned to a third party if we have consented to this in writing.

17.2 Should any of the above provisions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that most closely approximate the economic purpose of the contract whilst adequately safeguarding the mutual interests of both parties.

17.3 The place of jurisdiction for all disputes arising from this contract and its validity shall be, at the discretion of Preventicus, the registered office of Preventicus or the registered office of the customer.

17.4 This contract is governed by the law of the Federal Republic of Germany, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and German private international law.

 

Intended use

Measurements using the Preventicus Heartbeats app should be carried out at normal room temperature and under normal lighting conditions. The camera must only be used on healthy skin tissue. During the measurement, the finger must not touch the flash. If you have reduced sensitivity to pain, we advise against using this product. The app must not be used whilst the device is charging.

This app is a certified Class IIa medical device and meets the essential requirements of Regulation (EU) 2017/745 and its national implementation.

The app is intended for use on a device tested and approved for this purpose by Preventicus GmbH. A current list can be found at the following link: Tested and approved devices

Instructions for use for the PREVENTICUS Heartbeats app in a printable PDF format can be found at the following link : Instructions for use

WARNINGS

1. Remove any protective covers from your smartphone.
2. Do not carry out the measurement whilst the power adapter is connected.
3. If the flash on your smartphone becomes noticeably too hot despite correct use (only the camera lens is resting on your finger, do not cover the flash), please stop the measurement.
4. We do not recommend using this product if you have reduced sensitivity to pain.
5. Medication that affects heart rate, pacemakers or defibrillators may distort the results of the rhythm analysis.

 

Appendix: EU Data Regulation for Preventicus Heartbeats Services

Use of data from connected products and associated services for the purposes of Preventicus GmbH in accordance with the EU Data Regulation

(1) The App Preventicus Heartbeats services are considered a connected product under the EU Data Regulation. With regard to the product data retrieved via the app and in the associated Heartbeats Services and the associated service data generated therein, Preventicus GmbH is deemed to be the data holder and is subject to certain obligations. The customer is designated as a user in the EU Data Regulation and has certain rights.

(2) The parties agree that Preventicus, as data holder, may use the non-personal product data and associated service data for the following purposes:

• Fulfilment of a contract with the user or activities related to such a contract (e.g. issuing invoices, preparing and providing reports or analyses, financial forecasts, impact assessments, calculation of staff benefits);
• Provision of support, warranty, guarantee or similar services, or for the assessment of claims by the user, the data holder or third parties (e.g. regarding product malfunctions) in relation to the product or the associated service;
• Monitoring and maintaining the operation and security of the product or the associated service;
• Improving the functioning of the product or associated service offered by the data holder;
• Developing new products or related services, including artificial intelligence (AI) solutions, by the data holder, in collaboration with other parties or through special purpose vehicles (e.g. joint ventures);
• Aggregating this data with other data or creating derived data for any lawful purpose, including with the aim of selling such aggregated or derived data to third parties or otherwise making it available, provided that the data cannot be linked to specific individuals.

(3) Preventicus GmbH, as the data holder, may disclose this data to third parties provided that such data is used by the third party exclusively to assist Preventicus GmbH in achieving the aforementioned purposes and that Preventicus GmbH has contractually obliged the third party to restrict its use to those purposes.

(4) Preventicus GmbH undertakes not to use the data to gain insights into the economic situation, assets and production methods of the user, or in any other way regarding the user’s use of the Preventicus product or the associated services, which would undermine the economic position of the user in the markets in which the user operates.

(5) Preventicus GmbH undertakes to ensure, through appropriate organisational and technical measures, that no third party outside its organisation uses the data in such a manner.

(6) The User hereby grants Preventicus GmbH, as the data holder, an irrevocable licence to use and disclose the data in accordance with paragraphs 2–4.

(7) Preventicus GmbH may also use personal data, disclose it to third parties or otherwise process it, provided there is a legal basis for doing so. In particular, personal product and related service data shall be anonymised and used, within the scope of legitimate interest,

• to develop or improve our own products and services,
• to carry out market analyses using statistical evaluations of usage regions, including evaluations of the age and gender of our customers.

Provision of product data and associated service data to users or to data recipients designated by them in accordance with the EU Data Regulation

(1) Data holders must, upon request, make the data readily available to the user free of charge, in at least the same quality as that in which it is available to the data holder, and in any case in a comprehensive, structured, commonly used and machine-readable format, together with the relevant metadata necessary for the interpretation and use of this data. Preventicus GmbH provides information in the mandatory disclosures regarding the nature, estimated scope and frequency of the collection of product data and associated service data at preventicus.com/datenschutz-der-app/.

(2) To the extent that the user, in accordance with Article 3(1) of the EU Data Regulation, the user cannot directly access the data of the product or the associated service , they have the right, upon simple request, to receive from Preventicus GmbH, as the data holder, free access to the data via the Heartbeats Services or another method communicated by the data holder on the basis of Article 4 of the EU Data Regulation.

Such requests may be addressed to info@preventicus.com.

(3) At the user’s request, the data shall also be made available by Preventicus GmbH to a data recipient (the data recipient may be required to pay for such provision by Preventicus GmbH). If the user submits such a request, the data holder shall agree with the data recipient on the terms for the provision of the data on fair, reasonable and non-discriminatory terms and in a transparent manner in accordance with Chapter III and Chapter IV of the EU Data Regulation.

(4) The user acknowledges that a request pursuant to paragraph 4 cannot be made in favour of a third party who is considered a gatekeeper under Article 3 of Regulation (EU) 2022/1925 and cannot be made in connection with the assessment of new connected products, substances or processes that are not yet on the market.

(5) Data holders and users may use the services of a third party (including a third party providing data intermediary services within the meaning of Article 2 of Regulation (EU) 2022/868) to enable the user to exercise their rights under paragraph 1. This third party shall not be regarded as a data recipient within the meaning of the EU Data Regulation, unless they process the data for their own business purposes. The party requesting the use of such a third party must inform the other party in advance.

(6) Insofar as a request from the user concerns the provision of personal data to a data recipient and the user is the data subject, the following shall apply:

• The request may only be made if there is a valid legal basis for the provision of personal data in accordance with Article 6 of the GDPR and only to the extent that, where applicable, the conditions set out in Section 25 of the TDDDG are met.
• Preventicus GmbH assumes that the user, as the data subject, grants their consent under data protection law to the transfer to the data recipient by submitting the request
• The user is solely responsible for agreeing the purposes and conditions with the data recipient. Preventicus GmbH cannot be held liable for the absence of such an agreement between the user and the third party.

Preventicus GmbH may refuse and/or suspend the provision of data if it has legitimate concerns regarding the existence and validity of the legal basis put forward by the user or if there is any other reason to believe that the provision of the data may not be in accordance with the law.

(7) As the data holder, Preventicus GmbH may, in good faith, unilaterally amend the specifications of the product data or associated service data or the access rules if this is objectively justified – e.g. a technical change due to a security vulnerability in the infrastructure or other legitimate reasons. In such a case, the user shall be informed of the change without delay.

Permissible use and disclosure of product data or associated service data by the user

(1) The user may use the data provided by Preventicus GmbH as the data holder at its request for any lawful purpose and/or freely disclose the data subject to the restrictions set out below.

(2) The user undertakes to refrain from the following:

• to use the data to develop a product that competes with the connected product of Preventicus GmbH or to disclose the data to third parties with this intention;
• to use this data to derive insights into the economic situation, assets and production methods of Preventicus GmbH;

(3) The rights and obligations under this Annex shall no longer apply:

• if the product or the associated service is no longer capable of generating the data; or
• if the user transfers ownership of the product or if the user’s rights in relation to the product under a hire, lease or similar contract, or the user’s rights in relation to the associated service, terminate; or
• if both parties so agree.

 

Declaration of Conformity on Accessibility

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