General Terms and Conditions (GTC) for patients

General terms and conditions for participation in care management by APST Ambulanzpartner Soziotechnologie GmbH and for the use of the APST Ambulanzpartner care portal and the ALS App and SMA App applications

Issued on January 1, 2020, V.3.3

For reasons of better readability, the simultaneous use of male and female language forms is avoided. All personal designations nevertheless apply to both genders.

People with chronic illnesses can have high and complex needs for outpatient medical aids and remedies as well as medication and nutritional care. A critical aspect of outpatient treatment is the coordination of the necessary care and the coordination of the partners involved. Ambulanzpartner addresses these needs and embodies digitally-supported care management. The AP concept (hereinafter “AP concept”) includes a combination of coordinative services with the digital management platform “APST care portal” (hereinafter “APVP”).

Ambulanzpartner Soziotechnologie APST GmbH (hereinafter “APST”) offers care management services that serve to improve coordination, communication and networking between patients (and their relatives), medical partners (doctors, nursing services), providers of drug therapy (pharmacies, manufacturers of drugs and medical devices) and providers of remedies and aids. The APVP internet platform at www.ambulanzpartner.de is the communication and management platform on which care coordination is digitally supported. It combines an electronic care record with digital process control for the purposes of care management and care research. The “ALS App” and the “SMA App” are mobile software applications that enable patients to participate in surveys, evaluate the course of illness and treatment and record laboratory values.

APST works together with Charité – Universitätsmedizin Berlin to provide the APVP internet portal and associated services. APST and Charité cooperate in hosting the APVP, including data protection and data security, as well as for the purpose of health services research.

1. scope of application

1.1 These General Terms and Conditions of Use and Business (GTC) apply to the use of APST services, the use of the APVP internet platform and the associated mobile software applications ALS App and SMA App by patients or their legal representatives.

1.2 The APST services support patients (and their relatives) with chronic, serious or rare illnesses who have a need for healthcare services or medical devices including aids, remedies, medicines or care services (hereinafter referred to as “providers”). Patients are authorized as users of the platform and receive individual user accounts. The legal basis for this is set out in the individual agreements made upon conclusion of the contract and these GTC. The use of the APVP software product by medical partners (doctors, social services) and care providers is also provided for and is regulated in separate GTC for medical partners and care partners.

1.3 By registering with APST, the patient (or legal representative) agrees to the GTC and the Privacy Policy. APST reserves the right to amend these GTC if necessary – in particular for factual and/or legal reasons – with reference to these reasons. The amended terms and conditions will be sent to the patient (or legal representative) by e-mail one month before they come into force to the e-mail address last provided to APST and stored on the APVP. If the patient has not objected within 14 days of receiving the e-mail, the amended terms and conditions shall be deemed to have been accepted and shall govern the future contractual relationship between the patient and APST. If the patient (or their legal representative) objects, the contract ends in accordance with the provisions of section 4.2.

1.4 The patient may not transfer the rights and obligations arising from this contract. The assignment of rights is excluded.

2 Subject matter of the contract and services

2.1 APST provides services that serve to coordinate care and networking between patients, medical partners and providers. The entirety of these services is referred to as “care management” and includes the following components.

• Supply coordination
• Data management
• Document management
• Complaints management
• Patient reviews

The components of care management can be used together or individually. A detailed description of the services can be found in the “Service description” document.

2.2 APST provides patients with the APVP internet platform for optional use. APVP is a structured database with an associated internet portal that allows the electronic recording, storage and processing of patient and care-related data as well as digital support for care processes. Access to the portal(www.ambulanzpartner.de) is via a personal user name and password combination. This access data also enables patient authentication in the ALS app and SMA app. The features of the digital platform, the data collected, the user roles and authorizations as well as the terms of use can be found in the service description.

2.3 The APST provides the patient with a mobile software application that enables participation in surveys and the evaluation of disease progression and treatment (so-called ALS App and SMA App).

2.4 APST supports patients, patients’ legal representatives and other users authorized by the patient in the use of the APVP. Prior to using the portal, the APST offers a free telephone briefing and, if required, further free training sessions, which are arranged on an individual basis.

2.5 With the patient’s written consent, the patient’s data will be released to medical partners and providers for inspection, processing and use. The patient is free at any time to revoke an initially declared consent with immediate effect and without giving reasons. APST shall ensure that the corresponding declaration of consent fulfills all legal requirements, in particular data protection requirements.

2.6 The Internet connection and the web browser are not part of the contractual relationship between the patient and APST.

3. conclusion of contract

3.1 The use of the services specified in 2.1 and the APVP, ALS App and SMA App software requires the conclusion of a user agreement. This contractual relationship is established by providing the patient with comprehensive information and signing a consent form. The patient will be sent or given the following documents for this purpose:

• Patient information (“service description”) for care management by APST APST and for the use of the APST care portal
• Privacy policy for care management and care research by Ambulanzpartner Soziotechnologie APST GmbH and the use of the Ambulanzpartner care portal
• Declaration of consent for participation in care management and care research by Ambulanzpartner Soziotechnologie APST GmbH and for use of the Ambulanzpartner care portal
• Registration on the ambulance partner care portal for relatives (if applicable)

The patient completes the necessary details (address, e-mail address) on the declaration of consent. By signing the declaration of consent on the signature field, the patient declares their consent to the GTC, data protection and the service description, including the terms of use specified therein. The patient sends the signed declaration of consent by post or e-mail (with the signed document attached) to the following address:

Ambulanzpartner Soziotechnologie APST GmbH Administration building F Westhafenstr. 1 13353 Berlin

or e-mail:

koordination@ambulanzpartner.de

After receipt of the signed declaration of consent, the patient receives an e-mail with a registration link for the APVP software. The user name and password are assigned by the patient themselves.

3.2 By concluding the contract, the patient agrees to these GTC, the data protection declaration (Section 7.3) and the service description.

3.3 The patient warrants that the information provided by him/her when concluding the contract is complete and correct. In the event of a breach, APST is entitled to block the patient’s user account immediately.

4. term and termination of the contract

4.1 The contractual relationship is concluded for an indefinite period.

4.2 Both contracting parties may terminate the contract at any time with a notice period of four weeks to the end of a month. The termination must be declared in writing or in text form. Ongoing care orders by the other users of the APVP using the platform are not affected by such a termination and can – subject to a deviating declaration by the patient as part of their termination – be brought to a conclusion.

4.3 Both contracting parties are entitled to extraordinary termination for good cause, in particular in the event of a material breach of contract in which the continuation of the contract becomes unreasonable for one of the contracting parties.

4.4 The provisions of Section 2.5 and the resulting rights of the patient remain unaffected.

5 Patient obligations and safety recommendation

5.1 The patient is obliged to protect his access data (user name, password) carefully and like valuables from unauthorized access by third parties. The patient is expressly recommended to use anti-virus, anti-spyware and firewall software as well as up-to-date browser versions. If the patient uses outdated browser versions, the correct display of the APVP software, the ALS app or the SMA app may be restricted. In this case, the patient can obtain information from APST about suitable browsers and their versions.

5.2 The patient undertakes not to post any unlawful content on the APVP or make it accessible to third parties, for example through forums, chat rooms, e-mail or spam. Violations of the contractual restrictions on use shall entitle APST to take appropriate remedial measures, up to and including blocking the user account. In this case, the patient will be informed immediately of the type, duration, reason and scope of the blocking.

5.3 The accuracy of the data and information provided by the patient influences the value of the contractual services provided by APST. The patient expressly indemnifies APST against claims for compensation by third parties who have relied on the completeness, accuracy and timeliness of the data and information.

6. costs of using APST services and software

6.1 The use of the services described in the service description for patients and the use of the APVP software, the ALS app and the SMA app is free of charge for patients and the persons authorized by them.

6.2 The use of the services described in the service description for Medical Partners and the use of the APVP software is free of charge for Medical Partners.

6.3 Utilization of the services described in the service description for supply partners and use of the APVP software by suppliers is subject to a charge for supply partners.

7. data security, consent to data processing, protection of patient data

7.1 APST is subject to the data protection regulations of the Federal Republic of Germany. Under these provisions, APST is obliged to protect the data of patients and other parties involved.

7.2 APST takes all organizational and technical precautions required by current standards in order to comply with data protection requirements, in particular to protect patient data against unauthorized access by third parties. The transmission of stored data via the World Wide Web from the server to the patient’s computer and vice versa is carried out using the SSL encryption standard.

7.3 The patient expressly consents to the collection, processing and use of his/her data by APST and its medical partners and care partners within the scope of the contractually stipulated purposes and in accordance with a separate data protection declaration.

8.Liability

8.1 APST shall be liable without limitation for all damage caused by APST and its legal representatives and/or vicarious agents in the event of intent or gross negligence.

8.2 In the event of slight negligence, APST shall be liable without limitation for injury to life, limb or health caused by APST and its legal representatives and/or vicarious agents.

8.3 Liability under the Product Liability Act remains unaffected.

8.4 Otherwise, APST shall only be liable insofar as a guarantee of quality has been assumed or a material contractual obligation (cardinal obligation) has been breached. The term “cardinal obligation” refers abstractly to those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the patient may regularly rely. In these cases, liability is limited to compensation for foreseeable, typically occurring damage.

9. rights of use

9.1 APST grants the patient a non-exclusive (non-sublicensable and non-transferable) right of use limited to the term of the contract.

9.2 The patient is only entitled to use the APVP internet portal, the ALS app and the SMA app in accordance with the contractual provisions. The software will not be made available to the patient.

9.3 The patient is not entitled to make the contractual service available to third parties for use. This excludes access for relatives of the patient or other persons authorized by the patient. With the patient’s consent on the “Registration on the Outpatient Partner Care Portal for Relatives” form, the third party authorized by the patient receives an e-mail from APST with a registration link for the APVP. The user name and password are assigned by this person themselves. The patient is expressly not permitted to sublet the contractual APVP Internet portal.

10. ratings

10.1 APST provides patients and persons authorized by the patient with evaluation software for the evaluation of medical devices, medicinal products, services and providers on the APVP or within the ALS App and SMA App. The results of the evaluations are published in aggregated form and without naming the patients on the homepage or subpages of the APVP. The patient agrees to this in accordance with the following provisions.

10.2 The APST ensures that patients can only rate treatments if they have actually received them. Each patient can rate a care partner a maximum of once per treatment.

10.3 The reviews must be objective and must not contain any content that violates the law. APST is not liable for the accuracy, quality or completeness of the reviews. APST will remove inappropriate or infringing reviews if there are justified indications.

11 Final provisions

11.1 Should a provision of the contract be or become invalid or void, this shall not affect the validity of all other provisions. The invalid or void provision shall be replaced by a valid provision that comes as close as legally possible to the purpose of the invalid or void provision. This also applies to any loopholes in the contract.

11.2. The law of the Federal Republic of Germany shall apply. The statutory provisions restricting the choice of law and the applicability of mandatory provisions, in particular of the country in which the customer as a consumer has his habitual residence, remain unaffected. If the patient is a merchant, a legal entity under public law or a special fund under public law, the registered office of APST shall be the exclusive place of jurisdiction for all disputes arising from the contractual relationship.