General Terms of Use and Conditions of SINOVO health solutions GmbH

A. General conditions for the use of our offers

1. General information

a) We would like to point out that the information, data and services presented cannot take on any therapeutic function and can in no way replace a visit to the doctor. In the event of any health problems, you should immediately consult a doctor you trust. Only the attending physician can make a diagnosis and initiate the necessary therapy.
Please observe the following provisions for the use of our offers and our separate privacy statement at https://mylife-software.net/privacy. By using the information, services and programmes provided on our sites, the user declares their agreement with the conditions stated here.
The following conditions apply for the use of the mylife software, as well as all other online offers made on this website.

b) The SINOVO health solutions GmbH web pages are subject to regular amendments and additions, which serve to update the available information. However, SINOVO health solutions GmbH shall not accept any liability or guarantee for the correctness, completeness and availability of the information presented – or that it will be up to date. Insight into the status of information and data is available to the user at (link). The information and data presented here are for informative purposes only and for the user's personal use. SINOVO health solutions GmbH is only liable for direct or indirect financial losses, including a loss of profit, caused by using the information offers on these pages in cases of intentional or grossly negligent behaviour, or if the law declares as such. With regard to direct or indirect references to other websites ("links"), that do not fall into SINOVO health solutions GmbH's realm of responsibility, SINOVO health solutions GmbH is only liable for preventing their use in the case of illegal content when it knows of the content and the technical possibility and feasibility.

c) SINOVO health solutions GmbH hereby expressly declares that no illegal content was found on the linked sites at the time the links were generated. The provider has no influence on the current or future design, content or authorship of the linked sites. The provider expressly distances themself from the content of all linked sites that was amended after the links had been generated. This statement is applicable to all links and references generated within the individual internet offer. In cases of illegal, incorrect or incomplete content and especially for damages resulting from the use or non-use of such information, only the provider of the linked site bears liability. The content of this website is protected by copyright. The storage of the content is only authorised for private purposes. Commercial use for its reproduction or its free distribution may only be conducted in consultation with SINOVO health solutions GmbH. All information is subject to updates. It is not possible to constantly monitor the interactive offers provided on these web pages. Users are obliged to observe the legal provisions. SINOVO health solutions GmbH retains the express right to delete any illegal, offensive and irrelevant content. Should you still come across any content which you deem offensive, illegal or irrelevant, please inform us correspondingly at webmaster@sinovo.net.

d) SINOVO health solutions GmbH does not guarantee that the content meets the user's expectations or that they shall achieve a particular personal objective with the content. SINOVO health solutions GmbH does not guarantee that the portal will be available to the user at particular times. In particular, we therefore do not assume any responsibility in the event of disruptions, interruptions or any potential failure of the portal. We would like to point out that we do not create the content of the microsites, banners and other advertising, and therefore assume no responsibility for them.

e) If you have any questions, remarks or suggestions about these conditions of use, or concerning SINOVO health solutions GmbH's internet offer, please get in touch by e-mail at webmaster@sinovo.net


2. Data protection

The protection of your personal data is of great importance to SINOVO health solutions GmbH. SINOVO health solutions GmbH takes data protection very seriously, and creates your offer in accordance with legal data protection legislation. Details on our data protection policy can be found at https://mylife-software.net/privacy, which supplement the general terms of use and conditions of SINOVO health solutions GmbH.

3. Intellectual property

All copyrights, trademarks and any other intellectual property relating to materials or content of our services belong without constraint to SINOVO health solutions GmbH or to our (licence) partners. You may only copy, reproduce, disclose, distribute, amend or use these materials or content for commercial purposes with written approval from SINOVO health solutions GmbH or our (licence) partners.
By disclosing materials to our services, we or our (licence) partners gain the non-exclusive right of use, permanently free of charge, within our services and in any other way. The right of use includes copying, distributing, sending, disclosing, adjusting and editing the material.

4. Illegal use of content

The use of the data contained in the offer from SINOVO health solutions GmbH for marketing purposes is not permitted. This comprises the automatic and manual selection of the available data, particularly data concerning SINOVO health solutions GmbH, as well as any data published about third parties, such as links to their internet offers and email addresses, names and other data. Violations shall be followed up within the framework of legal provision.


B. Access and use of the services of the online version of the mylife software from SINOVO health solutions GmbH

1. General

a) An internet connection is required to use the services of the mylife software online version from SINOVO health solutions GmbH. The user alone is responsible for utilising the necessary hardware. Any resulting connection costs or transfer costs are borne by the user.
The user is solely responsible for the correctness of the login information and information disclosed within the framework of registration with SINOVO health solutions GmbH.

The user is also personally responsible for keeping their access details, including password, secret. Passing on access details or a password, or making them available to third parties, is not permitted

The user is also instructed to inform SINOVO health solutions GmbH immediately upon unauthorised use of the login and password, or in the case of irregularities concerning security.

No harassing, slanderous, racist, discriminatory, violence-glorifying, obscene, pornographic or threatening content, or other illegal content, is to be communicated using the services of the mylife software online version and SINOVO health solutions GmbH.

Furthermore, the mylife software and all services of SINOVO health solutions GmbH may not be used in a way that may lead to its cancellation, damages or reduced service and that harms the rights of third parties. This also includes the right to intellectual property, the right to confidentiality, as well as provisions related to data protection.

Consultation offers, such as the SINOVO health solutions GmbH hotline or the central phone number, are offers that can be accessed by means of the contact details listed. The consultation offer is not a replacement for individual diagnosis, treatment or recommendations of therapy, but rather delivers general and abstract health information that is independent of the patient. The users of the consultations offer are required to contact a doctor they trust with regards to individual diagnosis and treatment, and to discuss all measures related to their health with said doctor.
SINOVO health solutions GmbH reserves the right to store information about any calls in the form of conversation notes. Calls of a fraudulent nature, ill intent or fake calls may have criminal consequences.

b) SINOVO health solutions GmbH renders all services related to the service of the mylife software online version for users, doctors, patients or persons of trust (hereafter referred to as "customer") exclusively on the basis of these general terms of use and conditions (AGB - Allgemeine Geschäftsbedingungen). Other AGBs are only applied insofar as they have been confirmed by SINOVO health solutions GmbH per individual contract. SINOVO health solutions GmbH is entitled to amend or add to these AGBs within a reasonable period of notice. Notification is given via email by sending the amended AGB, or via email containing notification of the possibility to view the amended AGB on the internet on the SINOVO health solutions GmbH web pages at https://mylife-software.net/terms. If the customer does not object to the amended or supplemented conditions within six weeks of their publication on the internet, the amended or supplemented conditions shall become valid. Should the customer object within the permitted time period, both contract partners are entitled to terminate the contract at the time when the amended or supplemented conditions are due to come into effect.

2. Type and execution of services by SINOVO health solutions GmbH

a) The services provided by SINOVO health solutions GmbH comprise the provisioning of the mylife software online version, an online data management system, and diabetes journal for those customers who use this tool to enter, administer and inspect figures related to diabetes (e.g. blood sugar level, blood pressure or insulin levels) of their patients.

b) By provisioning the mylife software, SINOVO health solutions GmbH does not conduct any medical activities, give any therapeutic information and render any services which may or will replace the work of a doctor.

c) Access to the mylife software online version is granted following the conclusion of the contract with the customer.

d) Insofar as SINOVO health solutions GmbH renders any voluntary, free of charge services beyond the contractual services named in figure 2a), it may – on the grounds of technical, legal or economic changes in the general conditions or upon consideration – amend, suspend or charge for the continued supply of services which to date have to date been free of charge.

SINOVO health solutions GmbH shall inform customers immediately if, due to the reasons given above, the availability of voluntary, free of charge services is at risk. SINOVO health solutions GmbH shall observe the customers' needs when assessing the deadline for implementation or amendment, or when assessing the fee for these services.

The customer is entitled to an extraordinary termination of the contract within 14 days of the notification of implementation, amendment or payment for voluntary services. The customer has no other rights concerning the implementation, amendment or payment for voluntary services.


3. Server access, security

a) Server failures resulting from forces majeures and events that are out of the control of SINOVO health solutions GmbH and that make their services considerably more difficult or impossible – in particular, strikes, lock-outs, administrative orders, disruptions in telecommunication or internet services, excessive use by other users, attacks from hackers and/or spammers etc. only entitle the customer to a reduction in the fee if the disruption is considerable and lasts for a not inconsiderable period of time. The customer is then entitled to reduce the regular monthly payments and fees correspondingly until the next termination date.

If the disruption exceeds an inconsiderable time period and if, for this reason, it is not acceptable for the customer to continue the contract until the next termination date, they have the right to an extraordinary termination of the contract without adhering to a notice period. The termination must be preceded by a threat of termination with the establishment of a reasonable deadline for eliminating the reason for termination. The customer does not have any other rights, other than in the event of intent, gross negligence or violation of a considerable contractual obligation on the part of SINOVO health solutions GmbH.

b) The data available in the mylife software online version can only be retrieved using the user identification and password (access data). The customer is obliged to keep this access data secret and to inform SINOVO health solutions GmbH immediately as soon as they are aware that the access data is partially or completely known by a third party. If, due to the customer's own fault, a third party influences the stored data by misusing the access data, which includes changing, deleting, downloading and disclosing them, SINOVO health solutions GmbH accepts no liability. In this case, SINOVO health solutions GmbH is entitled to block the user account and to administer the customer with a new password. Any costs incurred as a result of this are borne by the customer.

c) SINOVO health solutions GmbH explicitly points out that protection for data transfers in open networks, such as the internet, cannot be completely guaranteed given the current state of technology. From a technical point of view, under certain circumstances the information stored on SINOVO health solutions GmbH's servers can also be viewed and changed on the internet by other parties. SINOVO health solutions GmbH has secured its servers against unauthorised access using tested and standard systems. SINOVO health solutions GmbH accepts no liability for interferences with the database that occur despite the functionality of the system security measures provided by SINOVO health solutions GmbH.

d) The customer is responsible for carrying out data security measures on their own storage media (hard drive, disc etc.) in the event of amendments to the database. In particular, health-related data entered into the "mylife software online version" must also be secured on your own storage medium. The customer is obliged to test software for defects and usability in concrete situations prior to using it, within the scope of their own knowledge and capability, before beginning with the operative use of the programme. This also applies to programmes that the customer receives from SINOVO health solutions GmbH. If in any doubt, the customer should contact technical support at SINOVO health solutions GmbH at (telephone/e-mail). The customer shall be made aware that even small amendments to the software may have an effect on the operating ability and usability of the whole system.

4. Conclusion of contract, termination of contract

a) The contract with SINOVO health solutions GmbH is only made if the customer completes and submits the online form at https://mylife-software.net/register and SINOVO health solutions GmbH receives this form.

b) The contract is concluded for an unlimited time period. The contractual relationship can be terminated by both parties without giving any reason with a notice period of 30 days to the end of the month.

c) The right to termination on important grounds remains unaffected.

d) Any termination must be in written form for it to be effective. This may also be in the form of an email.

e) For a doctor to participate, we require the registration and verification as a doctor.

5. Liability

Insofar as these AGBs do not contain any separate provisions, SINOVO health solutions GmbH's liability is regulated as follows:

a) SINOVO health solutions GmbH is only liable for damages if SINOVO health solutions GmbH or one of its agents has violated a significant contractual obligation (cardinal obligation) or if the damage can be traced back to gross negligence or intent on the part of SINOVO health solutions GmbH or one of its employees and agents. SINOVO health solutions GmbH's liability for damages to one's life, body or health, and for guarantees, remains unaffected.

b) In cases described in figure 5a), SINOVO health solutions GmbH's liability is restricted to the damage experienced by the customer, which SINOVO health solutions GmbH could have reasonably predicted at the time the contract was concluded.

6. Compensation

a) If compensation is agreed upon, this is due 14 days after the creation of the invoice. Upon a delay in payment, SINOVO health solutions GmbH may defer the further processing of the current order until payment has occurred if they so choose, or demand an advance payment.

b) In the absence of another agreement, the relevant SINOVO health solutions GmbH price list applies, which can be viewed at https://mylife-software.net/tariff.

7. Right of cancellation

Right of cancellation of a service contract
You are entitled to cancel this contract within fourteen days without giving a reason. The cancellation deadline is fourteen days from the day when the contract was concluded, but not before you have received this instruction in written form and not before we have instructed you pursuant to the requirements of Article 246a § 1, Para. 2, Sentence 1, Number 1 of the Introductory Act to the German Civil Code. In order to exercise your right to cancellation, you must send us - SINOVO health solutions GmbH., Willy-Brandt-Straße 4,61118 Bad Vilbel,telephone 06172 3986 - 90, fax 069 3986 - 91, email info@sinovo.net a clear declaration (e.g. in the form of a letter by post, as a fax or an email) that you are cancelling the contract. For the observation of the cancellation deadline, it is sufficient to send the communication concerning your decision to exercise your right of cancellation prior to the expiry of the cancellation deadline.

8. Consequences of cancellation
If you cancel this contract, we must reimburse all payments that we have received from you since the conclusion of the contract, immediately and at the latest within fourteen days from the day when we received your communication regarding the cancellation of this contract. For the reimbursement we shall use the same payment method that you used for the original transaction, unless another option has been expressly arranged with you. You will not be charged for any fees incurred in connection with the reimbursement.

9. Final provisions

a) Verbal collateral agreements do not exist upon the conclusion of the contract.

b) The law of the Federal Republic of Germany is applicable. In the event of any disputes arising from or in connection with this contract, with regards to contracts with business persons, the place of contractual fulfilment and court of jurisdiction, is the SINOVO health solutions GmbH office.

As of: December 2015