General Terms and Conditions
1. welcome to CASC
1.1 Welcome to CASC. The following General Terms and Conditions (hereinafter referred to as „GTCs“) form part of the contract between you and Mobile Healthcare Solutions GmbH (hereinafter referred to as „CASC“, „we“, „our“ or „us“), the operator of a platform that gives you as a user access to our free app, the analysis software and other associated services. Our app offers the following functions, among others: Analysis of nutrients with personalized dietary recommendations, progress tracking and recommendation of dietary supplements.
1.2 You can download the App free of charge via your mobile device (hereinafter referred to as the „CASC App“) and (where available) access it via our web-based application (hereinafter referred to as the „Website“). The Website and the CASC App, including any software, services and other technology on which the Website and the CASC App are each based, are hereinafter referred to as the „CASC Platform“.
PLEASE NOTE THAT WE DO NOT MAKE MEDICAL DIAGNOSES WITH THE CASC PLATFORM. SEEK THE ADVICE OF MEDICAL PERSONNEL IF YOU ARE CONCERNED ABOUT YOUR HEALTH. IN AN EMERGENCY, YOU SHOULD CONTACT THE EMERGENCY SERVICES IMMEDIATELY IF NECESSARY. YOU SHOULD ALWAYS CHECK WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROVIDER REGARDING MEDICAL CONDITIONS. YOU SHOULD NEVER DISREGARD QUALIFIED MEDICAL ADVICE OR DELAY AN APPOINTMENT WITH A DOCTOR BECAUSE YOU ARE RELYING ON INFORMATION YOU HAVE READ OR HEARD ON THE CASC PLATFORM.
1.3 The CASC Platform is operated by Mobile Healthcare Solutions GmbH, a company incorporated in Germany and registered with the Hamburg District Court under commercial register number HRB 178152, with its registered office in Hamburg at Röntgenstraße 24, 22303 Hamburg, Germany, c/o HIP.
1.4 If you wish to contact us, please send an e-mail to our customer service department, which you can reach at email@example.com.
1.5 You must be at least 16 years old to use the CASC platform. If you are under the age of 18, you will need the consent of your legal representatives to use our CASC Platform and to agree to these Terms and Conditions.
1.6 In order to use the entire CASC Platform, you must have agreed to these T&Cs. If you do not agree to these T&Cs, you are prohibited from using or accessing the CASC Platform.
1.7 The contractual language is German.
The legal relationship between you and CASC
2.1 These T&Cs apply to the use of the Platform and contain the conditions under which we make the Platform available to you (hereinafter referred to as „User“ or „you“). It is important that you have read and understood these T&Cs before using the Platform. If there is anything in the T&Cs that you do not understand, please contact us at firstname.lastname@example.org and we will explain what this means for you.
2.2 You may only set up a user account on our platform if you agree to these T&Cs. In the event that you do not agree to these T&Cs, you are unfortunately not permitted to set up a user account on our platform.
Information we collect about you
3.2 You hereby grant us the perpetual, worldwide, transferable and sub-licensable right to use data that we have anonymized in accordance with data protection law in any way, whether it is currently known or unknown. You acknowledge and accept that we own all rights and title to data derived by us from such anonymized data.
The CASC Platform
4.1 The CASC Platform offers you the opportunity to find out which diet helps you to achieve your personal goals.
4.2 The CASC APP is free of charge and can be used in combination with paid test strips.
4.3 You are aware that we provide the CASC platform purely for information purposes. It does not constitute medical advice. The CASC Platform is not a substitute for seeking medical advice from your doctor, GP or other healthcare provider.
4.4 The CASC Platform does NOT diagnose medical conditions or tell you how to treat them. This is only possible with the involvement of medical personnel (e.g. a doctor in private practice).
4.5 Ultimately, you are responsible for deciding whether to consult medical personnel and/or seek medical advice if you have complaints that you have entered via the CASC platform.
Creating a user account
5.1 You will need an Apple ID or a Google account before you can access our CASC app. Then download our CASC App from the Apple App Store or Google Play Store (hereinafter referred to individually or collectively as the „App Store“) onto your mobile device or tablet. If necessary, you can also access the CASC platform directly via the web-based application or via a program, either directly through us or through one of our partners.
5.2 After downloading the CASC App (or accessing the web-based application on our website), you can register on the CASC Platform and set up a user account with a user name and password (hereinafter referred to as „User Account“). Registration constitutes a binding offer by the user to be contractually bound by the GTCs. We can accept this offer (but are not obliged to do so) by granting you access to the CASC platform via the user account for the first time. You will immediately receive an electronic registration confirmation from us. By using, accessing or otherwise using the CASC Platform, EVEN IF YOU DO NOT CREATE A USER ACCOUNT, you agree to these T&Cs and confirm that you consent to their inclusion.
5.3 We save the contract text of the agreed GTCs. Beyond this, we assume no obligation with regard to the availability of the agreed terms for the user.
5.5 You are responsible for maintaining the confidentiality of your login details and any activity that occurs in your user account. In the event that you suspect that your user account may have been misused, you undertake to inform us immediately by sending a message to email@example.com.
Your right to use the CASC platform
6.2 We grant you the right to personal access and use of the CASC platform. You are prohibited from selling, giving away or transferring your personal user account to third parties. Your right to access the CASC Platform does not preclude us from granting other persons the right to access the CASC Platform.
6.3 Your right to use the name „CASC“ or any trademarks, logos, domain names or other distinctive brand features is limited to the scope described in these GTCs.
6.5 As a user, you undertake to refrain from the following, unless this conduct is permitted under these GTCs or under mandatory copyright law in order to enable the CASC platform to be used in accordance with its intended purpose and/or is essential to obtain the information required to achieve interoperability with other programs:
You as a user agree not to replicate or copy our CASC Platform, in whole or in part.
You as a user agree not to sell or otherwise make available our CASC platform, in whole or in part, to any other person.
As a user, you undertake not to modify our CASC platform, in whole or in part, in any way.
As a user, you warrant that you will not attempt to discover or access the source code of our CASC Platform, in whole or in part, unless it has been expressly published by us and released for public use.
6.6 You understand that any confidential information, copyrights, exploitation rights, ancillary copyrights and other intellectual property rights that exist in whole or in part in relation to our CASC Platform are owned by us or the persons who have granted us a license in this respect.
Your use of the CASC Platform
7.1 In addition to the other provisions of these Terms, this section sets out certain rules concerning your use of the CASC Platform (the „Rules“).
7.2 All of the following are things that are prohibited when using the Platform. You are prohibited from:
Bypass, disable or otherwise tamper with features of the CASC Platform that are designed for security or features that prevent or restrict the use or copying of the content that can be accessed via the CASC Platform,
create multiple user accounts on the CASC Platform (however, to the extent permitted by the functionality of the CASC Platform, it is possible to link social networks or other accounts supported by us to the user account on the CASC Platform),
provide false or misleading information in the user account data,
allow another person to use the CASC Platform on your behalf or in your place
use the CASC Platform if we have temporarily suspended your right to use it or prohibited you from continuing to use it,
send junk mail, spam or repetitive messages,
behave in a manner that is unlawful or not permitted by law,
modify, disrupt or hack the CASC Platform, interfere with it or intercept messages,
misuse the CASC Platform or introduce viruses, Trojans, worms, logic bombs or other things that could damage the CASC Platform or another user of the CASC Platform equipment,
extract data from the CASC Platform, unless this is permitted in accordance with these T&Cs,
enter or contribute defamatory, threatening, obscene, misleading, untrue, offensive or abusive content or content containing any form of nudity or violence, and
enter information or comments about the third party concerned without their consent.
7.3 Failure to comply with the rules set out in Clause 7.2 shall, in the event of a breach thereof, constitute a material breach of these T&Cs and may result in us taking the following actions, either individually or collectively, at our sole discretion:
immediate or temporary suspension or permanent revocation of the right to access the CASC Platform,
Sending you a warning letter,
commence legal proceedings against you, including seeking reimbursement of any costs and expenses incurred as a result of the breach (including, without limitation, reasonable administrative costs and costs of litigation); and
Disclosure of information to law enforcement authorities if and to the extent permitted by law and we deem it necessary.
7.4 The response to a breach of contract committed by you is not limited to the steps described in clause 7.3 above, i.e. we have the right to take any further steps in accordance with the GTCs and the statutory provisions.
Termination of our contractual relationship
8.2 You have the right to stop using the CASC Platform and terminate your contract with CASC at any time, including if you do not agree with the changes we propose to the Platform or these T&Cs. Please follow the instructions described on the CASC Platform for deactivating your user account. When accessing the Platform via our CASC App, you can delete your user account in the menu under „Settings“.
8.3 We may terminate the contract concluded with you with two weeks‘ notice.
8.4 Your and our right to terminate this contract for good cause remains unaffected. An important reason exists for us in particular, but not exclusively, if you violate essential contractual provisions (in particular clause 7.2) and if it can be assumed on the basis of external circumstances that you are making improper use of our services. If there is an important reason, we are also authorized to block your access authorization to the CASC Platform, provided that no other less severe measure takes effect.
Our obligation/responsibility to you
9.1 Any information on the data measured by you, which is made available to you in text form within the meaning of Section 126b BGB as a statement made or by inference via the CASC platform, is for information purposes only. The information is provided by CASC as is without guarantee, warranty or assurance of any kind.
9.2 You should not take any action based on the information provided through the CASC Platform without first consulting a physician or other medical professional.
9.3 Due to the nature of the internet and technology, it is not possible for us to promise that you will be able to use the CASC Platform at all times without interruption, delay or error and that the Platform will meet your expectations at all times. For this reason, we cannot assume any obligation with regard to the performance or availability of the CASC Platform in these T&Cs. We also expressly exclude liability for defects in the CASC Platform that existed between you and us at the time the contract for the use of the CASC Platform was concluded.
9.4 Should you incur damage through the use of the CASC Platform, we shall only be liable for intent and gross negligence. Furthermore, we shall be liable for the negligent breach of material contractual obligations, the fulfillment of which is essential for the proper execution of this contract, the breach of which jeopardizes the achievement of the purpose of the contract and on the observance of which you as a user may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical of the contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. The above exclusions of liability do not apply in the event of injury to life, limb or health or liability under the Product Liability Act.
Third party services
10.1 If and to the extent that our Platform includes links to other websites and resources operated by third parties, these links are provided for your information only.
10.2 It is not possible for us to influence the content of such websites or resources provided by third parties and we are not liable for the content of the linked or framed information or websites. We will not be liable for any financial or physical loss or damage that you may suffer as a result of or in connection with your use of such websites or resources.
10.3 You agree that the availability of the CASC App is dependent on the third party from which you have downloaded the CASC App (e.g. Apple App Store or Google Play Store). You are aware that these T&Cs apply to the contractual relationship between you and CASC and not to the contractual relationship between the App Store.
Changes to the platform
11.1 We are constantly updating and improving the CASC Platform. We are constantly striving to provide you with new and innovative services and features. Improvements and updates are also made against the background of adapting to changing technologies, behaviors and the way people use the Internet.
11.2 We reserve the right to change a specific part of a platform-specific feature by updating the CASC platform, performing a reset in this regard and discontinuing the service or support for it. These changes may affect your activities on the CASC Platform. Changes may also include deleting, modifying or resetting the features you use. If you have registered, we will inform you separately about the changes and your rights in the event of changes (see Section 12.3.).
11.3 It is possible that updates may be issued from time to time by us or via the App Store from which you downloaded the App. From time to time it may be necessary for you to update third-party software in order to use the Platform.
Changes to the T&Cs
12.1 We have the right to change, modify or amend these T&Cs from time to time. The latest version of the T&Cs is available on our website (getcasc.com).
12.2 Possible changes to these T&Cs are usually made due to the addition of new features to the CASC Platform or changes in laws or applicable regulations.
12.3 We will contact you at least 30 calendar days before the changes or additions to the T&Cs come into effect to notify you of the changes or additions to these T&Cs. If you do not object within 30 days of receiving our notification by email, the amendments and additions shall be deemed to have been agreed as of the expiry of the deadline. In our notification of changes to the GTCs, we will inform you of your right to object and of the consequences of your objection. If it is legally, economically or technically unreasonable for us to continue providing the CASC Platform in the event of your objection to the amendment within the agreed period, we shall be entitled to terminate the contract at the earliest when the amendment specified in the notification comes into effect. Any other right of termination remains unaffected.
Documents governing the contractual relationship between you and us
The current version of the GTCs includes all provisions that govern the contractual relationship between you and us. Older versions of the GTCs no longer apply to our contractual relationship and are replaced in full by the current version.
Applicable law and place of jurisdiction
14.1 We have our registered office in Germany. The contract concluded on the basis of these GTCs is subject to the law of the Federal Republic of Germany. In the case of contracts between entrepreneurs and consumers, the provisions of the law of the country in which the consumer has his habitual residence may apply in favor of the consumer – notwithstanding the above choice of law – and may not be deviated from by agreement under the law of that country if the entrepreneur
pursues his professional or commercial activity in the country in which the consumer has his habitual residence, or
directs such activity in any way to that State or to several States, including that State
and the contract falls within the scope of this activity.
14.2 The German courts shall have exclusive jurisdiction to settle any disputes arising out of or in connection with your use of the Platform.
14.3 The European Commission provides an online dispute resolution platform available at http://ec.europa.eu/consumers/odr. CASC does not participate in dispute resolution proceedings before a consumer protection body.
15.1 You agree that we may communicate with you electronically (e.g. by e-mail or other text form within the meaning of § 126b BGB).
15.2 We may send you notifications electronically by e-mail, which you provided to us at the time of registration on the Platform, or by means of another electronic communication service within our CASC App or website.
15.3 Failure to enforce our rights shall not be construed as a waiver of those rights.
15.4 Should any provision of these GTCs be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.
15.5 Only the contractual partner itself has the right to enforce contractual provisions.
In the event that you wish to contact us in connection with these GTC or any other document referred to herein, please send an e-mail to firstname.lastname@example.org.