General Terms and Conditions

General Terms and Conditions

Aurora

Preamble

The Aurora platform offers doctors and psychotherapists (hereinafter also referred to as "users") access to the data of the "Moodpath" screening application. The Moodpath App offers a screening procedure for the recognition of depression. It enables the user to gain an informed medical self-evaluation regarding the presence of symptoms of a depression. The information obtained can be transferred to doctors and psychotherapists. The results serve as a medical orientation regarding the need for treatment of the user’s mental health. The collection and processing of the subjective data provided by the user and the transfer to doctors and psychotherapists shall furthermore provide a medical/therapeutical basis for the support of the necessary diagnostics and therapy. Moodpath does not replace a medical diagnosis by a doctor or psychotherapist, it can merely prepare and support a professional medical and therapeutic treatment.

The legal framework of the Aurora platform is defined by the following terms and conditions together with the current privacy policy and the disclaimer for physicians and therapists:

§ 1 General Information

The usage of the services offered by Aurora shall be governed by the subseqeuent General Terms and Conditions. Alternative agreements must be in written form.

The provider of Aurora is

Aurora Health GmbH, a company with limited liability (Gesellschaft mit beschränkter Haftung) which is registered in the commercial register (Handelsregister) of the Berlin Local Court (Amtsgericht) under HRB 169666 B

represented by the managing directors Mark Goering, Felix Frauendorf

Friedelstraße 27, 12047 Berlin

E-Mail: info@aurora-health.de

Sales tax identification number corresponding § 27a sales tax statute: DE301978446

§ 2 Scope of services

Aurora supports doctors and psychotherapists in their diagnosis of mental illness in their patients. The platform uses data generated by the patient from the Moodpath smartphone app when the patient's consent has been obtained. After an automated 14-day survey, the Moodpath App generates a technical report that can be used for further evaluation by a doctor or psychotherapist.

The activation of the data and the corresponding consent of the patient can take place through the transmission of an activation code or through mutual invitation and consent (patient -> doctor, doctor -> patient). After activation, health data will be exchanged for the purpose of optimizing medical care, and online communication between doctor and user will be established. The user expressly consents to the transfer of data between doctor and user in the event of a consultation. Aurora only processes the data as a data processor. The technical specification for data processing can be found here: https://mymoodpath.com/en/data-processing-specification/

The binding prices, conditions and terms of the services result directly from the specification on the website or in the app when they are used. Payments are processed by forwarding them to external payment service providers. Aurora is not responsible for the payment services of the external payment service providers. These are subject to the separate General Terms and Conditions of the respective service provider.

Aurora does not offer any medical services other than those described on its website at www.aurora-health.de. The use of Aurora cannot replace face-to-face diagnostics carried out by a doctor or psychotherapist in accordance with current professional standards. Occupational regulations and restrictions apply to telemedical care. The range of services is therefore limited to the current legal possibilities. Any information contained in the service description and service provision is binding.

§ 3 Use and registration

Doctors and therapists must register to use Aurora. Registration requires that the user provides Aurora with all data requested in the registration form truthfully and completely.

In the course of registration, the user agrees to the user agreements in accordance with the General Terms and Conditions. The user is fully responsible for his communication with the user. Aurora only acts as a communications service provider in this respect.

There is no legal claim to the use of Aurora's services. Aurora is entitled to refuse the use or registration without giving reasons.

§ 4 Cancellation policy

Right of Withdrawal:

You have the right to revoke this contract without giving any reasons within 14 days after conclusion.

To withdraw, send us a clear statement (e.g. post, e-mail) regarding your decision to withdraw from this contact, to

Aurora Health GmbH, represented by the managing directors Mark Goering, Felix Frauendorf

Friedelstraße 27, 12047, Berlin, Germany

E-mail: info@moodpath.de

You may use the subsequent withdrawal form template, it is however not compulsory. To observe the withdrawal period, it is sufficient to send the notice of withdrawal before the expiry of the withdrawal period.

Your right of withdrawal expires prematurely if the contract is completely fulfilled and the beginning of the service started with your explicit consent that you will lose your right of withdrawal with full completion of the contract.

Consequences of withdrawal:

With withdrawal from this contract, any payment we received from you will be refunded within a maximum of 14 days after receipt of your notice of withdrawal. We will use the same form of payment used by you in the original transaction, unless you explicitly required for another payment form. We will not charge any fees for the repayment.

If you deliberately ask for the service to begin within the withdrawal period, you are obliged to reimburse us a with a reasonable amount, for the proportionate amount of delivered service, relative to the total amount of service as described in this contract, at the time you exercise your right of withdrawal.

Withdrawal Template:

(If you wish to exercise your right of withdrawal, please send us this completed form)

To

Aurora Health GmbH, represented by the managing directors Mark Goering, Felix Frauendorf

Friedelstraße 27, 12047, Berlin, Germany

E-mail: info@moodpath.de

I/We* hereby give notice that I/We* withdraw from my/our* contract of the following goods*/provision of the following service

Order on (*) / received on (*)

Name of User(s)

Address of User(s)

Signature of User(s) (only for paper-based messages)

Date

_______________

(*) Delete as applicable.

- End of the information about rights of revocation -

§ 5 Statutory disclosure duties

There are no extrajudicial procedures for lodging complaints or appeals. All further information regarding Moodpath, the service proviced and the transaction, can be taken from the descriptions on www.aurora-health.de/en.

Regarding the technical steps leading to conclusion of the contract please consider § 3 of the GTC.

The user can view, copy, save and print the contractual text anytime, here: https://www.aurora-health.de/gtc/. Aurora also will store the contractual text and can provide it via e-mail upon request.

German and English are the only languages available for conclusion of the contract.

We are not governed by any specific code of conduct.

Since January 9, 2016, EU Ordinance No. 524/2013 has been in effect, an Online Dispute Resolution for consumer-affairs. It applies to extrajudicial disputes regarding contractual obligations, among other things, in online service contracts between users and online-companies, and results in a higher consumer protection in the European market.

With the option of an online-dispute resolution (ODR), easy, efficient, prompt, and cost-effective extrajudicial settlements can be offered. The ODR platform forwards orderly submitted complaints to the out-of-court settlement sites (according to national law). The usage of the ODR platform is free of charge, in out-of-court cases may incur costs onto the user (up to 30.00 EUR).

Link to the ODR-platform: ec.europa.eu/consumers/odr

Our E-mail address: info@moodpath.de

§ 6 Rights of use

The user is exclusively entitled to the rights to the Internet offer granted according to these General Terms and Conditions.

The content, information, images, videos, databases published via the online application of Aurora are generally protected by copyright and are generally owned or licensed by Aurora.

The contents on the online application may only be used or duplicated for personal and not for commercial purposes. The contents may not be passed on without the express consent of Aurora.

§ 7 User data / order data processing

Aurora collects and uses the data provided by the user for the processing of contracts concluded between the user and Aurora. No data will be collected, processed, passed on or used without the user's consent. The data collected with the user's consent will only be processed or used to the extent necessary for the execution of the contractual relationship and the performance of the service.

The user has the possibility at any time and within the scope of the availability of the online applications to retrieve, change or delete the data stored by him in the application.

The user is solely responsible for his professional duty of confidentiality. Personal data and health data of the doctor's or therapist's patients will only be collected or processed by Aurora within the scope of data processing and/or with the patient's consent.

The data processing follows the requirements of the data processing according to § 11 of the European Data Protection Act (GDPR) according to the following special requirements:

  1. The subject and duration of the contract as well as the scope, nature and purpose of the processing and use of personal data shall be governed by and limited to the services described in the GTC, the data protection provisions and this Agreement.
  2. The organizational and technical measures for data processing result from the technical specifications (https://mymoodpath.com/en/data-processing-specification/).
  3. Aurora shall only correct, delete or block the data processed on behalf of the physician or therapist in accordance with the instructions of the physician or therapist.
  4. Aurora may only use subcontractors with the consent of the user and within the framework of these General Terms and Conditions. Subcontractors and employees involved with the data must be informed of the background to this order data processing and must be bound to secrecy.
  5. Aurora shall immediately inform the user of any violations of the regulations for the protection of personal data.
  6. The user may request Aurora to delete the relevant data at any time after completion of the order.

The physician or therapist is exclusively responsible for his medical services and consultations, as well as for his professional activity. Furthermore, we refer to the data protection declarations available under the " Privacy" button.

§ 8 Availability

The range of services is generally available 24 hours a day. This does not apply to times during which data backup work is performed and system maintenance or program maintenance work is performed on the system or database. Aurora will keep the resulting disruptions to a minimum.

§ 9 Liability

Aurora shall only be liable for damages, in particular due to delay, non-performance, defective performance or tort, in the event of a breach of material contractual obligations, the performance of which could be relied upon to a particularly high degree. Aurora's liability is otherwise excluded unless mandatory statutory provisions exist. The exclusion of liability does not apply to intent or gross negligence.

Aurora shall only be liable for foreseeable damages. Liability for indirect damages, in particular consequential damages, unforeseeable damages or atypical damages as well as loss of profit is excluded. The same applies to the consequences of industrial disputes, accidental damage and force majeure.

The above limitations of liability apply to all contractual and non-contractual claims.

§ 10 Obligations of the User

The user may only use the service offer as intended. The user name and password for access must be kept secret and may not be passed on. Aurora must be notified of any misuse or loss of this information or any corresponding suspicion.

The user is obliged to provide correct, comprehensive and truthful information required for the provision of the services.

§ 11 Blocking of access / termination

Aurora reserves the right, in the event of suspicion of improper use or material breach of contract, to pursue these procedures, to take appropriate precautions and, in the event of justified suspicion, to block the user's access. If the suspicion can be dispelled, the blocking will be lifted again, otherwise Aurora is entitled to an extraordinary right of termination.

§ 12 Changes

Aurora has the right to modify the general terms and conditions at any time with respect to users effective for the future.

Users will be informed of any intended change, if possible, by e-mail to the last e-mail address provided to Aurora. The change will take effect if the user does not object to it within two weeks of sending the e-mail. The timely dispatch of the objection is decisive for compliance with the two-week period.

If the user objects to the change within the two-week period, Aurora is entitled to terminate the contractual relationship as a whole without notice and without incurring any claims against Aurora. If the contractual relationship is continued after the effective objection of the user, the previous general terms and conditions remain valid.

§ 13 Final provisions

Should individual provisions of these General Terms and Conditions including this provision be or become invalid in whole or in part, the validity of the remaining provisions shall remain unaffected. The ineffective or missing provisions shall be replaced by the respective statutory provisions.