Last Updated: July 28, 2024
1. Welcome to Theodor Health
1.1 Welcome
Welcome to the website of THEODOR HEALTH. The following Terms and Conditions (hereinafter referred to as “T&Cs”) form part of the contract between you and Acus Health GmbH. The website, including any software and other technology on which the website is based, is hereinafter referred to as “Theodor”.
1.2 Our Services
Theodor Health serves as an informational platform allowing users to record, store, playback, and share body sounds using the provided software.
Under no circumstances should Theodor be used for decision-making in situations perceived as life-threatening. If you are feeling unwell, please seek medical attention immediately!
Audio recording via Theodor does not replace personal consultation, diagnosis, care, or treatment by medical or professionally trained personnel.
1.3 Liability
Liability exists in cases of intentional misconduct and gross negligence. For simple negligence, the site operator is only liable if essential contractual obligations, i.e., obligations whose fulfillment enables the proper execution of these T&Cs and on whose compliance you regularly rely (cardinal obligations), are violated. The exclusion of liability for simple negligence does not apply to injury to life, body, or health. Liability is limited to the typical, direct, and foreseeable damage at the time of contract conclusion. The limitations or exclusions of liability do not apply to legally mandatory strict liability (e.g., under the Product Liability Act). These limitations or exclusions of liability also apply to the liability of employees, workers, representatives, organs, and vicarious agents of Acus Health GmbH.
1.4 Copyright
The created content and works on these pages are subject to German copyright law. Duplication, processing, distribution, and any kind of exploitation outside the limits of copyright require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. If the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is marked as such. If you still become aware of a copyright infringement, please inform us accordingly. Upon becoming aware of legal violations, we will remove such content immediately.
1.5 Liability for Links
Our offer contains links to external third-party websites over whose content we have no influence. Therefore, we cannot assume any liability for these external contents. The respective provider or operator of the pages is always responsible for the content of the linked pages.
2. Relationship Between You and Acus Health GmbH
2.1 These T&Cs apply to the use of Theodor and include the conditions under which we provide Theodor to you (hereinafter referred to as “user” or “you”). It is important that you read and understand these T&Cs before using the platform.
2.2 You may only create a user account on our platform if you agree to these T&Cs. If you do not agree with these T&Cs, you are not permitted to create a user account on Theodor.
3. Personal Data
We place great importance on protecting your privacy and personal data (hereinafter referred to as “personal data”). Your personal data collected during the use of Theodor will be collected, stored, and processed by us in accordance with the General Data Protection Regulation 2016/679 of April 27, 2016 (GDPR). Please read this Privacy Policy to understand how and for what purpose we use your data to provide you with the best possible service.
4. The Theodor Platform
4.1 With Theodor, you can create an audio recording of body sounds and answer a related questionnaire, which can be stored accordingly. The audio recordings can be played back repeatedly.
4.2 The use of Theodor is free of charge for you, and the number of audio recordings or retrievable questionnaires is unlimited.
4.3 You acknowledge that we provide Theodor solely for informational purposes. It does not constitute medical advice. Theodor does not replace obtaining medical advice from your doctor, general practitioner, or other healthcare providers.
4.4 Theodor does NOT diagnose health complaints or advise you on how to treat your complaints. This is only possible with the involvement of medical personnel or a doctor.
5. Use of Theodor
5.1 Theodor and its contents are our property or the property of the persons who have granted us a corresponding license. We grant you the right to use these contents exclusively for the purpose of using the Theodor platform, for yourself or another person. If you use Theodor for another person, you are solely responsible for ensuring that the use for that person is permitted under data protection and other legal regulations. In particular, you are obliged to obtain the appropriate consent from the other person to use the data and act on their behalf, and to inform them about our T&Cs and the Privacy Policy.
5.2 Your right to use the name “Theodor” or any trademarks, logos, domain names, or other distinctive brand features is limited to the scope described in these T&Cs.
5.3 As a user, you agree not to:
- Replicate or copy Theodor, in whole or in part.
- Sell or otherwise make Theodor, in whole or in part, available to another person.
- Modify Theodor, in whole or in part, in any way.
- Attempt to determine or access the source code of Theodor, in whole or in part, unless it has been explicitly published by us and made available for public use.
5.4 You acknowledge that any confidential information, copyright usage, exploitation and performance protection rights, and other intellectual property rights that exist in whole or in part concerning Theodor belong to us or the persons who have granted us a license in this regard.
6. Your Use of Theodor
6.1 In addition to the other provisions of these T&Cs, this section describes certain rules that govern the use of Theodor (hereinafter referred to as the “Rules”).
6.2 You are prohibited from:
- Circumventing, disabling, or otherwise manipulating features of Theodor that serve security purposes or features that prevent or restrict the use or copying of content accessible through Theodor.
- Engaging in any unlawful or not legally permissible behavior, in particular using fabricated data as answers to the questions. We consider this fraud and data alteration, which is punishable under the Criminal Code (StGB), and we reserve the right to report it for criminal prosecution.
- Modifying, disrupting, or hacking Theodor, interfering with it, or intercepting messages.
- Misusing Theodor or introducing viruses, Trojans, worms, logic bombs, or other harmful elements that could affect Theodor or other users of Theodor’s equipment.
- Extracting data from Theodor unless permitted in accordance with these T&Cs.
6.3 Non-compliance with the rules listed in Section 7.2 constitutes a significant breach of these T&Cs and may result in us, at our sole discretion, taking the following measures – individually or collectively:
- Immediate or temporary suspension or permanent revocation of your right to access Theodor.
- Sending you a warning.
- Initiating legal proceedings against you, including claiming compensation for any costs and expenses incurred as a result of the breach of contract (this includes reasonable administrative costs and legal costs).
- Disclosing information to law enforcement authorities if and to the extent legally permissible and necessary.
6.4 The possible responses to a breach of contract listed under Section 6.3 are not exhaustive, and we reserve the right to take further steps in accordance with legal regulations, including appropriate law enforcement measures.
7. Right of Withdrawal
7.1 Right of Withdrawal If the right under a distance selling contract applies here, you may withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day of contract conclusion. This is the day you completed the questionnaire and received a result of the probability calculation and risk analysis.
To exercise your right of withdrawal, you must inform us either by letter (Abendrothsweg 34, 20251 Hamburg) or by email at [email protected] with a clear statement of your decision to withdraw from this contract.
To meet the withdrawal deadline, it is sufficient for you to send the communication regarding your exercise of the right of withdrawal before the withdrawal period expires.
7.2 Consequences of Withdrawal Regarding the legal consequences of withdrawal, the statutory provisions apply. After exercising the right of withdrawal, the parties are no longer bound by the declarations of intent aimed at concluding the contract, so that no valid contract is concluded.
7.3 Expiry of the Right of Withdrawal Since this is a contract for the provision of services, your right of withdrawal expires if we have fully performed our services. By submitting the audio file and questionnaire, you expressly agree that we may begin executing our services (i.e., storage and digital processing) and acknowledge that you lose your right of withdrawal upon full performance of the contract by us.
8. Our Obligations/Responsibilities to You
8.1 Any information regarding the information and data provided by you, including audio tracks, which are made available to you in text form according to § 126b BGB as information via Theodor, is provided for informational purposes only. The information is provided by Acus Health GmbH without any guarantee, warranty, or assurance of any kind.
8.2 Due to the nature of the internet and technology, it is not possible for us to promise that you can use Theodor at any time without interruption, delay, or error, and that Theodor will
always meet your expectations. Therefore, we cannot assume any obligation regarding the performance or availability of Theodor in these T&Cs.
8.3 With regard to any liability, we refer to our detailed liability disclaimer, which is also part of these T&Cs.
9. Third-Party Services
9.1 If and to the extent that Theodor includes links to other websites and resources operated by third parties, these links are provided purely for your information.
9.2 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 are not liable for any financial or physical damage that may result from or in connection with the use of these websites or resources if we are not aware of the unlawful act or information and if no facts or circumstances are known that make the unlawful acts or information obvious according to § 10 sentence 1 no. 1 TMG. If we become aware of this, we will act immediately to remove the information or block access to it according to § 10 sentence 1 no. 2 TMG.
10. Changes to Theodor
10.1 Theodor is continuously updated and improved by us. We are constantly striving to provide you with new and innovative services and features. Improvements and updates are also made to adapt to changing technologies, behaviors, and the way people use the internet.
10.2 We reserve the right to change a specific part of a platform-specific feature by updating Theodor’s website, performing a reset, and discontinuing the service or support. These changes may affect your activities on/with Theodor. Changes may also include the deletion, modification, or reset of features you use. If you have registered, we will inform you of the changes and your rights in the event of changes (see Section 12.3).
11. Changes to the T&Cs
We reserve the right to make changes to these T&Cs, usually due to the addition of new features to Theodor or changes in laws or applicable regulations. The changes to the T&Cs will then only apply to new contracts for the period they are entered into.
12. General
12.1 German law applies.
12.2 The general place of jurisdiction is Hamburg.
12.3 The current version of the T&Cs includes all provisions governing the contractual relationship between you and us.
12.4 If individual provisions of this contract are wholly or partially invalid or void or become invalid or void due to changes in the law, supreme court jurisprudence, or otherwise, or if this contract contains gaps, the parties agree that the remaining provisions of this contract remain unaffected and valid. In such a case, the parties undertake to agree on a valid provision that comes as close as possible to the meaning and purpose of the invalid provision, considering the principle of good faith, which the parties would have agreed upon at the time of contract conclusion if they had known or foreseen the invalidity or voidness.
