Terms of use

1.1 For the use of the Platform and the areas, content, services and functions offered therein (hereinafter collectively referred to as “⁠Services⁠”), the following terms of use (“⁠Terms of Use⁠”) apply to the User. The Terms of Use also apply to the User’s future use of the Services.

1.2 By registering on the Platform and using the Services, the User confirms that they accept the Terms of Use and agree to their applicability. Without agreement to the Terms of Use, registration on the Platform and use of the Services are not possible.

2.1 When registering the User account (see clause 4.2), the User must accept the applicability of the Terms of Use and give their consent under data protection law. The contract for the use of the Services is not concluded before brite health sends a confirmation of the registration by email. By clicking the “I agree” button, the User submits an offer to conclude a contract for the use of the Services. Immediately after submitting the offer, the User receives a confirmation of their registration. Subject to sentence 1, the confirmation simultaneously constitutes acceptance of the contractual offer for the use of the Services.

2.2 The User can print or save the Terms of Use using the browser function. The User can also download and archive the Terms of Use in PDF form as part of the registration process. With the confirmation of the registration or by means of a link, brite health sends the User the Terms of Use in their currently applicable version. brite health does not store the text of the contract.

3.1 The Services are offered via a browser-based web application and as a native iOS or Android app, which can be accessed via the internet.

3.2 The scope of the Services and the Services available to the User depend on which Services brite health makes available on the Platform. Available Services may include, for example:

1. 1.Different areas, such as the brite area of brite health or product and therapy areas of Providers (brite treatment areas) as a companion programme to the products, therapies or diseases specified by Users;
2. 2.Provision of scientifically validated questionnaires or individual surveys as well as disease-, therapy- or health-related self-quizzes, based on the User’s information on products, therapies or diseases;
3. 3.Appointment booking with doctors of certain specialisms by means of an AI-supported email agent, where applicable on the basis of the result of a self-quiz;
4. 4.Statistics, trends and AI-generated insights based on the data recorded by the User (such as symptoms, vital signs, laboratory results, wearable data) and information (such as photos or doctors’ letters);
5. 5.Activity tracking via an achievement programme and points systems;
6. 6.Information and content on the products used by the User, their therapies or diseases as well as health interests in the general area and in the brite treatment areas (product and therapy areas) of Providers;
7. 7.Information on interactions between different products (“Interaction Check”);
8. 8.an AI-based chatbot that responds to individual User queries and provides information on the basis of medical documents and content, whereby its use serves exclusively to pass on abstract information, and the information is not always complete, up to date or correct, as every chatbot is prone to errors and answers vary;
9. 9.Connection to external medical support in the form of chats, telephone calls or video calls with medical assistants
10. 10.Communities for interaction with other Users based on products, therapies, diseases or interest groups;
11. 11.Reminder or notification functions via push notifications, e.g. the “Pill-Reminder”, as well as the sending of user-related notifications within the Platform and by email and, where applicable, further communication channels (e.g. Whatsapp);
12. 12.The option to report adverse drug reactions and quality defects in other products.
13. 13.Optional upload of doctors’ reports, laboratory reports or other documents relating to the products used by the User, their health or their therapies, as well as management of the uploaded documents in the User account.

3.3 brite health continuously develops the Services and the underlying software as well as their content. brite health has the right to implement updates and new versions to improve the Services at any time. brite health may make changes of any kind to the Services or to the manner in which the Services are provided. brite health reserves the right to change or supplement the range of functions of the Services at any time or to terminate them in whole or in part, to discontinue or remove Services or to restrict access to Services. brite health will inform the User of any not insignificant impairments of the accessibility or usability of the Services within a reasonable period before the time of the change. brite health is not responsible for any direct or indirect damage incurred by the User as a result of Services being changed, modified, terminated or restricted.

3.4 brite health points out that the Services, including the AI-based chatbot, do not constitute a medical device.

1. 1.The content and information provided on the Platform serve exclusively for general information and health education. They in no way replace personal advice, examination, diagnosis and therapy by licensed doctors or other healthcare professionals.
2. 2.Even though medically qualified persons may be involved in the development or editorial creation of content, this takes place exclusively within the scope of scientific or editorial activity. No medical examination, diagnosis and therapy or individual health advice takes place within the scope of the Platform. This applies in particular to the Communities. The Services exclusively comprise a possible appointment booking with external doctors and a possible connection to external medical support.
3. 3.Users are expressly advised to consult a licensed doctor or other healthcare professionals in the event of health complaints or medical questions. In an emergency, the emergency number (112) or the medical on-call service (116 117) must be contacted immediately.
4. 4.brite health accepts no liability for damage arising from Users making decisions solely on the basis of the information provided via the Platform. Furthermore, brite health is not liable for acts or omissions of the doctors and medical assistants whom the User contacts with the support of the Services.

4.1 The User is obliged to provide all software and hardware that they require for access to the Services, such as a terminal device, an internet connection and compatible web browser software. Under certain circumstances, additional software must be downloaded or installed (e.g. certain software plug-ins or software applications) in order to be able to access certain Services or documents. To use the native app, the User must download the application via the app store provider Google Play Store or the Apple Store.

4.2 In order to be able to use the Services, the User must be registered on the Platform with a User account and logged in. One User account enables use of the entire Platform. Registration takes place via the brite area or a brite treatment area. Registration requires the User’s email address and a password as well as the User’s consent under data protection law. After completing registration, the User can log in, provide further information about themselves, such as demographic data (e.g. gender, age, weight, height), about the products they use, their therapies and diseases, and obtain access to the Services.

4.3 Only natural persons with unrestricted legal capacity who are at least 16 years old and are not under legal guardianship may register a User account. In the course of registration and further use of the Services, the User must provide correct, truthful and – where necessary – complete information. brite health expressly reserves the right to verify the data provided during registration by appropriate measures. brite health is entitled to make the use of the Services subject to further requirements. The User account is personal and may only be used by the User personally. However, it is permitted to set up a User account in the name of a relative. The access data for the User account must be kept secret and any access by third parties must be prevented by appropriate measures. The User is responsible for all activities carried out via their User account and is liable to brite health in accordance with the statutory provisions. brite health is not liable for damage incurred by the User as a result of third parties using the access data or the User account with or without the User’s knowledge. Subject to the above provision regarding relatives, the User is not permitted to use the User account of another User.

5.1 The User may use the Services exclusively for the purpose for which access to the Services was granted to them. Any use of the Services beyond this is prohibited. The Services must be used in compliance with the Community Guidelines.

5.2 In particular, the User may not post any content on the Platform that violates the Community Guidelines, leads to misuse of the side effect reporting tool (e.g. through an accumulation of side effect reports) or that

1. 1.may be punishable by law (in particular incitement to hatred, insult, defamation, threats),
2. 2.is to be regarded as pornographic, vulgar or obscene, harassing or otherwise offensive,
3. 3.is anti-constitutional, extremist, racist or xenophobic or constitutes content originating from prohibited groups,
4. 4.infringes the rights of third parties (in particular personality rights, copyrights, trademark rights, patent rights or other rights of third parties).

5.3 The User must use the Services in such a way that no impairments, overloads or damage occur and the purpose pursued with the Services is neither jeopardised nor circumvented. The User will not circumvent or alter security precautions for the Services, either themselves or through third parties.

5.4 Via the upload function (see clause 3.2.13), the User uploads exclusively documents relating to their own health, their own therapies or the products they use, such as doctors’ reports, laboratory reports or other medical documents that are addressed to them or have been handed to them by healthcare professionals. The User is aware that such documents may contain personal data of other persons, in particular of treating doctors or medical institutions; this is in line with the intended use of the upload. Documents that relate exclusively to other persons and do not form part of the User’s own medical documents may not be uploaded.

6.1 brite health reserves the right, at its sole discretion, to terminate or restrict the User's access to any part of the Services at any time and without prior notice.

6.2 brite health is in particular entitled to block or delete a User account if the User breaches an obligation existing under these Terms of Use or if brite health has reason to suspect that such a breach of obligation has occurred.

7.1 All rights in the Services, including related software, databases, graphics, user interfaces, designs and other content, designations, names and trade marks, remain with brite health or with any third parties that have granted brite health rights in connection with the Services.

7.2 The User receives a simple, non-transferable right, limited in time to the term of the user agreement, to use the Services for their respective intended purpose. The User may use the Services exclusively for private purposes. The User is not entitled to any rights that are not expressly granted to the User.

7.3 In particular, the User may not copy, translate, modify, reverse engineer, decompile or distribute the Services or parts thereof, including the source code or a copy, adaptation, transcription or merged portion thereof. The User is not entitled to transfer, lease, assign, rent out or sublicense the rights granted to the User under these Terms of Use, or to make the Services available to other persons for use.

8.1 By posting content (images, texts, audio and video material) on the Platform, the User grants brite health a simple, revocable, royalty-free and perpetual, sublicensable right of use to use the content for the purposes for which it was posted on the Platform, in particular to copy, transmit, publicly play, publicly perform, reproduce, edit, translate and reformat the content.

8.2 The User furthermore grants brite health a right of use, to the extent specified in clause 8.1, to use the content specified in clause 8.1 and, where applicable, further content provided by the User in the course of using the Platform to improve the visibility and discoverability of the brite area and the brite treatment areas in internet search engines (“search engine optimisation” (search engine optimization – SEO)).

8.3 By posting content, the User represents and warrants that the User holds all rights in the content that are necessary to post the content and to grant brite health the rights of use under these Terms of Use.

8.4 brite health is not able to control content posted on the Platform by Users. This applies in particular with regard to the accuracy of the content, its lawfulness, currency and quality and its suitability for a particular purpose. brite health is not liable for content posted by Users.

8.5 By way of derogation from clause 8.1, the User does not grant brite health any further right of use in respect of uploaded documents (see clause 3.2.13). brite health uses uploaded documents exclusively for storage and display in the User's User account. Any disclosure to third parties, in particular to Providers, takes place exclusively in pseudonymised form in accordance with the Privacy Policy.

9.1 The User incurs no costs for registering a User account and using the Services.

9.2 However, registration and use of the Services require the provision of the User's personal data, including health data, as well as consent under data protection law to the processing of the data, including its disclosure to Providers and to doctors contacted at the User's request for the purpose of booking appointments (see clause 3.2.3) and to medical assistants for the purpose of making contact for medical support (see clause 3.2.10). Information on the processing of personal data, including health data, by brite health can be found in the Privacy Policy.

10.1 As a consumer, the User has a statutory right of revocation. The instructions on revocation apply.

10.2 The User may delete the User account and terminate the user agreement at any time by clicking the termination button (“Delete my account”) under “Settings” in the User account. The User will receive an email from brite health confirming the termination at the email address stored with brite health. Upon termination and deletion of the User account, the user agreement and the User's right to use the Services end.

10.3 If the User withdraws a consent given by the User under data protection law or objects to further processing of the User's personal data, brite health may terminate the user agreement without observing a notice period. Clause 10.2 sentences 2 and 3 apply accordingly.

11.1 brite health always endeavours to ensure the proper operation of the Services, but is not liable to the User for the continuous accessibility, availability and functionality of the Services.

11.2 brite health has the right to take measures that impair access to the Services if this is necessary, e.g. for technical, maintenance or security reasons.

11.3 In particular, brite health is not liable to the User for performance or availability problems

1. 1.of the doctors contacted via the appointment booking function (see clause 3.2.3) or of the medical assistants contacted on the User's initiative (see clause 3.2.10),
2. 2.due to factors beyond the control of brite health (e.g. due to natural disasters, wars, terrorist attacks, riots or government measures),
3. 3.caused by services, hardware or software of the User or of third parties,
4. 4.caused by the use of a Service after brite health has instructed the User to change or update the use of a Service and the User has not changed or updated the use as instructed,
5. 5.during pre-release, beta and test services (as determined by brite health),
6. 6.caused by the unauthorised act or omission of the User or by other persons who have gained access to the Platform using the User's access data or devices,
7. 7.caused by the User's failure to comply with required configurations, to use supported platforms and to comply with acceptable use policies, or
8. 8.resulting from a blocking of the User account in accordance with clause 6.

12.1 Notwithstanding the following limitations of liability, brite health is liable without limitation for injury to life, body and health resulting from a negligent or intentional breach of duty by brite health, its legal representatives or vicarious agents, for damage covered by liability under the Product Liability Act, and for damage resulting from intentional or grossly negligent breaches of contract or fraudulent intent on the part of brite health, its legal representatives or vicarious agents. Doctors and medical assistants whom the User contacts with the support of the Services (see clauses 3.2.3 and 3.2.10) are not among the legal representatives or vicarious agents of brite health.

12.2 In the event of negligence, the liability of brite health is limited to compensation for the foreseeable damage typical in the context of the use of the Services. In the event of simple negligence, however, brite health is liable only if brite health has breached an obligation the fulfilment of which made proper use of the Services, appropriate in consideration of the interests of both parties, possible in the first place and on the observance of which the User was entitled to rely.

12.3 Nor is brite health liable for disruptions and loss of quality of the Services as a result of data transmission over the internet for which brite health is not responsible and which impede or prevent the use of internet-based services.

12.4 brite health is not liable for damage arising from the use or misuse of the AI chatbot in accordance with clause 3.2.9, in particular from the information resulting from the User's queries and the User's decisions based thereon.

12.5 Any further liability of brite health is excluded, irrespective of the legal nature of the claim asserted. Insofar as the liability of brite health is excluded or limited, this also applies to the personal liability of its staff, employees, collaborators, representatives and vicarious agents.

brite health points out that personal data of the User are processed when the Services are used. brite health complies with the applicable data protection provisions. Information on how personal data are processed can be found in the Privacy Policy.

14.1 These Terms of Use, their subject matter and their formation (as well as all non-contractual disputes or claims) are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection law provides otherwise.

14.2 The place of jurisdiction is Munich, insofar as the User is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law. The same applies to Users who have no general place of jurisdiction in Germany or another EU Member State, or who have moved their domicile abroad after conclusion of the contract, or whose domicile or habitual residence is not known at the time the action is filed. Otherwise, the applicable statutory provisions apply to local and international jurisdiction.

14.3 The European Commission provides a platform for online dispute resolution (ODR). You can find the link to the platform here: ec.europa.eu/consumers/odr/. brite health is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15.1 Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remainder of the Terms of Use. The invalid or unenforceable provision shall be replaced by the respective statutory provisions. If no statutory law is available in the respective case, the invalid or unenforceable provision shall be replaced by the valid or enforceable provision whose effects come closest to the objective that brite health and the User pursued with the invalid or unenforceable provision.

15.2 Clause 15.1 applies accordingly in the event that one or more of the terms prove to be incomplete.

16.1 brite health reserves the right to amend or supplement these Terms of Use at any time without giving reasons, with effect for the future, if

1. 1.this is necessary to adapt to changed circumstances for which brite health is not responsible (in particular changes in the law and difficulties in performing the user agreement that were not foreseeable at the time the contract was concluded) and the change is reasonable for the User;
2. 2.the change is merely advantageous for the User;
3. 3.the changes or adjustments have no material effect on functions of the Services or are of a purely technical or organisational nature; or
4. 4.brite health introduces additional, entirely new Services or offerings that require a description in the terms, unless this would be disadvantageous for the ongoing user relationship.

16.2 An intended change will be sent to the User at the email address last provided to brite health or communicated by means of a notice on the website or in the app. The change takes effect no later than 14 days after the change has been published on the website or in the app or the User has been made aware of the change in another way, if the User does not object to the change within 14 days. The User shall be deemed to have accepted the new terms if the Services are used after the expiry of these 14 days.

16.3 In the event of an objection within the period specified in clause 16.2, brite health may terminate the contractual relationship with the User without notice. Should brite health not terminate the existing contractual relationship after the effective objection, the previous Terms of Use shall remain valid and unchanged in relation to the User concerned. The current version of the Terms of Use can be viewed by clicking the hyperlink “Terms of Use” in the footer of the website https://brite.health/.

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