These terms were last updated on 10 January 2020
Information about Caro
The Caro app is a digital companion for patients, which informs and guides them during a treatment. With Caro, healthcare professionals can create and manage treatment-related content, distribute it to patients, and track how patients interact with it.
Communication to patients
The Caro app provides general information and is intended to supplement the information provided by your specialist or healthcare provider. The Caro app is therefore only an additional source of information and not a source of actual medical advice, unless explicitly stated otherwise. Your doctor may choose a different approach that better suits your needs - in all cases, you should follow their guidance and consult them for medical advice.
- Caro reserves the right to deny access to the Service to any person at any time and for any reason.
Caro as a processor
In performing the Service, Caro acts on behalf of the healthcare provider and is to be regarded as a data processor as defined in the General Data Protection Regulation ("GDPR"). Caro acknowledges that it processes sensitive data about the health of patients, and does so with the utmost care. This processing only takes place with the explicit consent of the patient. By agreeing to these Terms, you acknowledge that Caro may process any data it receives from patients and/or health care providers. Caro may also anonymise personal data - making the data impossible to trace back to an individual person - at which point the data becomes the property of Caro.
Content provided by the User
- The User is responsible for their own content and that of third parties which they share via the Caro app, which they upload and place on or via the Caro app, or which they transfer in any other way. The User confirms that they have all the necessary consents and licenses from third parties whose data and/or content they share with Caro, and indemnifies Caro against any liability or claim arising from the illegal distribution of the content of third parties or the illegal use of the Service.
- Caro does not moderate the content provided by Users or third parties, but will act when complaints are received from Users or third parties or when orders are issued by a government body regarding content that is considered offensive or illegal.
- The User provides Caro with a license to use the information provided by the User as necessary to operate and maintain the Service.
Medical Device Regulation
The Caro app is classified as a class I medical device according to Regulation (EU) 2017/745. In order to comply with this regulation, information provided by Caro cannot be utilised to take decisions with diagnosis or therapeutic purposes, nor is it intended for monitoring physiological processes. This means that healthcare providers should always base their decisions on their own observations and not on information learned through Caro.
Intellectual property rights
- Caro hereby grants you a non-transferable license to use the Service.
- The Service contains content owned or licensed by Caro ("Caro Content"). Caro Content is protected by intellectual property rights, such as copyright and trademarks. Caro has and retains all rights with respect to the Caro Content. You may not remove, modify or conceal any copyright, trademark or other intellectual property rights in or related to the Caro Content. Nor is it permitted to reproduce, modify, adapt, perform, display, publish, distribute, transmit, sell, license or in any way publish, exploit or create derivative works from the content without prior written permission from Caro.
- The name and logo of Caro are trademarks of Caro and may not be copied, imitated or used in whole or in part without the prior written consent of Caro.
- Caro does not moderate the content or links provided by third parties before they are published on the Service. Caro is not responsible for the content offered by third parties or for its availability.
- The User may use the services or content of third parties included in the Caro app, but they must be aware of the terms and conditions of these third parties and have agreed to them. Caro can under no circumstances be held liable in connection with the proper functioning or availability, or both, of third-party services.
- You may not use the Service for illegal or unauthorized purposes. You agree to all laws, rules and regulations that apply to your use of the Service, including but not limited to copyright laws.
- It is not permitted to obstruct or disrupt the Service or the servers and / or networks connected to the Service, for example by sending worms, viruses, spyware, malware or other destructive or disruptive code. You may not inject content or code or otherwise make changes to, or intervene in the way in which, a Caro page is displayed in a User's or device's browser.
- You may not change, change, modify, or alter, modify or modify another website to imply that it is associated with the Service or Caro.
- Caro prohibits 'crawling', 'scraping', 'caching' or otherwise gaining access to the Service via automated means (except as a result of standard search engine protocols or technologies used by a search engine with the express permission of Caro) .
- It is not permitted to change the source code of the Service, to make derivative works of it, to decompile or otherwise obtain it, except when this is expressly permitted under an open source license or when we have given you explicit written permission. Any attempt to do this is a violation of the rights of Caro.
- Users are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of the Caro app and of the Service without Caro's express prior written permission.
The User agrees to indemnify and hold Caro and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees ("Caro parties") harmless from and against any claim or demand, including, but not limited to, reasonable attorneys' fees and expenses, made by any third party due to or arising out of User's content, use of or connection to the Service, violation of these Terms, or violation of third party rights.
Disclaimer of warranties
- The Service, including Caro Content, is provided on an "as is", "as available" and "with all available defects" basis. To the extent permitted by law, neither Caro nor its directors, employees, managers, officers, partners, affiliates or agents (collectively the “Caro Parties”) give any warranty or approval of any kind, explicit or implied, with regard to: (a) the Service; (b) the Caro Content; (c) User Content; or (d) the security in connection with the transfer of information to Caro or via the Service. In addition, the Caro Parties hereby disclaim all express and implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, ownership, customization, and trade.
- The Caro Parties do not guarantee that the Service will function without error or interruption, that defects will be corrected or that the Service or the server providing the Service is free from harmful components, including but not limited to viruses . The Caro Parties do not declare and guarantee that the information (including instructions) on the Service is accurate, complete or useful.
- Although it is Caro's intention that the Service should be available as much as possible, there may be times when the Service may be interrupted by maintenance work or upgrades, emergency repairs or failed telecommunications connections and / or equipment.
- By using the Service, you represent and warrant that your activities are permitted by law in any jurisdiction where you use the Service.
Limitation of liability
- To the extent not prohibited by law and where there is no gross negligence, the Caro parties shall in no event be liable for any loss or damage of any kind (including, but not limited to, direct, indirect, economic, exemplary, special, punitive, incidental, consequential or consequential loss or damage directly or indirectly related to the Caro party). This includes in particular, but is not limited to, the Service, the Caro Content, the User Content, your use of, your inability to use the Service or the operation of the Service, any measures taken in connection with any investigation by Caro Parties or government institutions regarding your use or use by third parties of the Service, any measures taken in connection with the use or use of third parties, any measures taken in connection with copyright or other owners of intellectual property rights, any errors or omissions in the functioning of the Service, any damage to the User's computer, mobile device or other equipment, including damages resulting from a breach of security or from viruses, programming errors, sabotage, fraud, errors, negligence, interruptions, defects, delays in operation or transmission, computer or network failures or any other (technical) failure, including, but not limited to, loss of profit, loss of goodwill, loss of data, work stoppages, inaccuracy of results or computer malfunctions, even if they were foreseeable or even if the Caro Parties were aware or should have been aware of the possibility of such damages, whether this was due to a contract or negligence.
- In no event will the Caro Parties be liable for any loss, damage or injury to you or anyone else, including but not limited to death or personal injury. Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no case will the total liability for all damages, losses or causes exceed the amount of € 100,-.
- You agree that in the event that you suffer damage or loss or incur injury as a result of the acts or omissions of Caro, the damage is not irreparable and is not sufficient to entitle you to a legal ban on the operation of any website, Service Property, demand product or other content owned or controlled by the Caro parties and that you have no right to develop, produce, distribute, advertise, display or operate any website in order to prohibit or withhold the product, Service or other content owned or controlled by the Caro parties.
- You agree that any claim you may have that arises from the relationship with Caro must be filed within one year after the claim arose. Otherwise, your claim is time-barred.
No legal processing
The information provided within the Service is not intended for distribution to or use by natural or legal persons in jurisdictions or countries where such distribution or use would violate laws or regulations or where it is a requirement that Caro registers in the relevant jurisdiction or country. We reserve the right to limit the availability of the Service or any part of the Service at any time and in our sole discretion to individuals, geographic areas or jurisdictions, as well as the offer of any program or product or content, Service or function that Caro offers.
Applicable law and choice of forum
- The application of the Vienna Sales Convention is expressly excluded.