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Terms and conditions from October 8, 2021

Welcome to Kry!

In these terms and conditions of use (“Kry terms and conditions”), we provide you with details about our services (hereinafter collectively “Kry services”). Please read them carefully.

If you have any questions, please contact our patient support team.

Important:

Certain symptoms, illnesses, diagnoses and treatments may require a personal visit to a clinician.

If you have symptoms that indicate an emergency, please contact the emergency call centre in Germany (on 112 or 116117) immediately and do not use Kry services.

Here is a list of symptoms that could indicate a medical emergency.

1. Applicability and scope

1.1 The Kry terms and conditions apply to the use of Kry services and are agreed between DMS Digital Medical Supply Germany GmbH, registration number HRB 192856, Julie-Wolfthorn-Straße 1, 10115 Berlin (“Kry ”, “we” or “us ”) and registered users or, if applicable, authenticated users (“users”).

1.2 Our services are only aimed at adults. In order to use Kry services, users must be at least eighteen (18) years of age and identify themselves using a suitable method approved by Kry.

2. Scope of Kry services

2.1 Kry platform

We have made our technical platform (“Kry platform”) available to users, which they can use to access selected Kry services.

2.2. Registration

2.2.1 Users wishing to utilise Kry services must register.

2.2.2 To register, users must enter certain personal information truthfully, such as contact details, and agree to these terms and conditions. Kry’s current identification and account verification requirements (activation link) must be met.

2.2.3 Users may make use of the Kry video medical consultation (see section 2.6) without registering if they have received a code from the clinicians using the Kry platform.

2.3 Sub-accounts for minors

2.3.1 We offer users the option of creating a sub-account for minors under their parental responsibility/guardianship. Currently, only a parent with parental responsibility can create a sub-account for a joint child. Parents with joint parental responsibility must ensure that the consent of the other parent has been obtained.

2.3.2 Insofar as the minor has reached the age of sixteen (i.e. is at least 16 years of age), the person with parental responsibility must also ensure that the minor has consented to Kry’s processing of data.

2.4 Contact with suitable clinicians, and selecting and making appointments

2.4.1 Kry enables users to establish contact with clinicians licensed in Germany (“clinicians”) or medically qualified personnel over a physical distance (the “Kry video medical consultation”) via the Kry Platform. We help our users find the right clinician for their health needs or other medically qualified personnel. Selection takes place on the basis of automated questionnaires.

2.4.2 Once the appropriate clinician or medically qualified personnel has been selected, users can make appointments. Depending on availability, users can either request an appointment on a specific day and at a specific time or an unscheduled appointment.

2.5 Telemedicine services

2.5.1 Kry does not perform any medical activities itself. Medical activities, including but not limited to medical consultations, advice, recommendations and treatment plans (hereinafter collectively referred to as “telemedicine services”), are provided by independent clinicians.

2.5.2 In this respect, the contractual partner of the treatment contract is exclusively the user and the clinician. Kry simply facilitates contact between users and clinicians.

2.5.3 The type or quality of telemedicine services is the sole responsibility of the clinician(s).

2.5.4 The scope and expiry of telemedicine services are subject to restrictions by the applicable professional regulations for clinicians. For example, the individual case (medical problem) of a user must be appropriate for a video call at the suitable medical discretion of the clinician. In this respect, users have no guaranteed entitlement to a telemedicine service.

2.6 Kry video medical consultations

2.6.1 Telemedicine services are provided by the clinicians primarily in the form of video calls (e.g. via smartphone or tablet) (hereinafter “Kry video medical consultation”).

2.6.2 In this respect, Kry will only provide the technical and administrative requirements to perform the respective telemedicine service.

2.6.3 Given the technology-based format of the Kry video medical consultation, it is limited to certain types of diseases, illnesses and health problems.

2.7 Rescheduling and cancelling and missed appointments

2.7.1 Users may reschedule or cancel an agreed appointment for a Kry video medical consultation up to two hours prior to the scheduled start of the appointment free of charge. If the user’s payment account has already been charged with a fee in accordance with the selected payment method, the amount will be refunded within 14 days.

2.7.2 If the user fails to meet two or more booked appointments within 180 days, Kry reserves the right to take further measures, including blocking the Kry account.

2.8 The Kry video medical consultation cannot always replace a clinician’s visit

The Kry video medical consultation is not intended to and cannot replace all traditional clinician visits and face-to-face appointments with clinicians. In the case of some symptoms and illnesses or for a meaningful diagnosis and a treatment plan, users must present themselves personally to a clinician or use other suitable emergency care. A list of symptoms that could indicate an emergency situation can be found here.

2.9 Training and specialist areas of clinicians

2.9.1 Kry has carefully selected all clinicians who can be reached via the Kry platform. They cover selected medical specialties, but not all specialist areas of medicine.

2.9.2 Clinicians who can be reached via Kry receive ongoing training in the use of Kry services and the needs of users.

2.10 Issuing incapacity certificates

2.10.1 Clinicians may issue incapacity certificates (sick notes) in electronic form via the Kry platform. The incapacity certificates issued by Kry are generally not recognised by insurance providers for the purpose of applying for sickness benefits.

2.10.2 The following limits on certificates of incapacity for work apply: Kry services supports the issue of a maximum of three certificates of incapacity for work within one quarter, with a maximum of three days each. A certificate of incapacity for work may only be issued for a maximum of seven days in narrowly defined exceptional cases (e.g. in the case of a hospital discharge letter or visible long-term illnesses such as serious injury). In the case of the same diagnosis, a maximum of two incapacity certificates can be issued within one quarter. Kry services will not issue retroactive incapacity certificates. It is only possible to issue a retroactive incapacity certificate if the following conditions are met:

  1. On the first day of illness, there was no appointment for a Kry video medical consultation on the same day when booking through Kry services.

  2. The user booked an appointment for a Kry video medical consultation on the first day of illness through Kry services on the second or third day of illness.

  3. The user informed the Kry Patient Support about the situation on the first day of illness.

Kry Support will inform the clinician that the user could not receive a free appointment on the first day of illness and that all other requirements for a retroactive incapacity certificate are met. However, retroactive sick notes can also be issued if the conditions are met, but only at the sole discretion of the clinician, and only in exceptional cases and after a diligent examination is carried out. A sick note can be issued up to a maximum of three days retroactively.

2.10.3 An incapacity certificate is an initial certificate. No subsequent certificates are issued. Users have no entitlement to be issued a certificate of incapacity for work. The decision on this will be taken by the clinician providing treatment in each individual case.

2.10.4 Kry reserves the right to amend the limits on an incapacity certificate in accordance with section 2.10.2 and to monitor compliance with them either itself or through the clinicians providing treatment.

2.11 Restricting the use of medicines when prescribing medicines for the purpose of preventing drug abuse

2.11.1 Medication can be prescribed through electronic prescriptions via Kry services. Currently, only private prescriptions can be issued. Users do not receive the prescription themselves, but have the option of forwarding it to a pharmacy where they can receive a stamped copy of the private prescription that has been redeemed. Users have no entitlement to be prescribed medication.

2.11.2 Medication taken over a short or medium-term that is associated with side effects requiring monitoring may only be prescribed to a limited extent during the Kry video medical consultation and after an in-depth examination of the person’s medical history and diagnosis. This applies in particular to medication that can cause dependency.

2.11.3 In the case of long-term medication, medication that can cause dependency and be misused may only be prescribed in the smallest available and medically appropriate packet size. This is only possible after external evidence (e.g. medical letter) has been submitted or only in exceptional cases after the clinician proving treatment has considered this in accordance with our standardised procedural conditions for clinicians (SOPs).

2.11.4 Kry services will not assist in the issuance of medication that can cause dependency or medication that requires strict monitoring. Kry strives to limit the issuance of prescriptions containing such medicines per user to a maximum of one prescription per quarter. Prescriptions may only be issued in exceptional cases if the clinician exceptionally believes it is indicated.
2.11.5 Kry reserves the right to set the prescription limits in accordance with section 2.11.4 and to check itself or check with the clinicians providing treatment that they are being complied with.

2.12 Other Kry services

Kry provides additional Kry services. Users can find details about them at the appropriate location on the Kry platform.

3. Other rights and obligations of users

3.1 Personal information given upon registering

All personal data provided by users upon entering into the agreement with Kry must be relevant, accurate and kept up to date during the term of the agreement. Any changes to this information must be reported to Kry immediately by editing the user profile within the app (if possible) or via Kry Support.

3.2 Confidentiality; use in accordance with terms and conditions

3.2.1 Users must treat their login data as strictly confidential and protect it from being accessed by third parties. The Kry account may only be used by the person who it is registered to. It may not be used by or transferred to other persons. This rule does not apply to persons with parental responsibility who may also use their Kry account for a child if the child is under the age of eighteen (18). Users are responsible for any activity, and the use or misuse of their Kry account, except if this is a result of Kry’s breach of any of its obligations under these terms and conditions or applicable law.

3.2.2 Users must ensure that the Kry account is used during the term of the agreement in accordance with these terms and conditions of use. Users are solely responsible for the information they transmit and assume full responsibility for the content they provide.

3.3 General health information on or via the Kry platform

Content published or provided by Kry is considered to be a supplement to medical advice provided by clinicians. It is not intended to replace the medical assessment, diagnosis or treatment of a disease or illness.

3.4 Notifications Users must provide the email address and telephone number with which they wish to receive non-promotional communications, such as advice confirmations, reminders and other advice-related notifications from Kry and/or clinicians. If their contact details change at any time during the term of these terms and conditions, users must promptly notify Kry or update their profile. Cancellations or other notifications must be sent by email or otherwise in text form.

4. Technical requirements for the use of Kry services

The Kry app is available on smartphones and tablets with iOS and Android operating systems. Where the Kry app can be downloaded, Kry provides information about the technical requirements. Users must read this information before downloading the Kry app. They must ensure that the equipment they use meets the minimum technical requirements.

5. Prices and payments

5.1 Kry does not charge users for the use of the platform provided by Kry or for the provision of the Kry video medical consultation. The fees for the Kry services provided are indicated where applicable and at an appropriate place within the app.

5.2 Clinicians who offer consultations (Kry video medical consultation) via Kry services act as their own service providers. For the consultations, they charge fees in accordance with the fee schedules that apply to the remuneration of outpatient medical services (GOÄ and/or EBM).

5.2.1 For consultations, the following applies as contractual medical (insurance) services: The user will permit the clinician to read their insured card at the start of the consultation. The clinician will settle the bill with the health insurance provider or, if applicable, another statutory cost object.

5.2.2 For private medical consultations, the following are deemed benefits where the user pays: Kry organises billing on behalf of the clinicians. Information on prices (fees) based on the official clinicians’ fee schedule (GOÄ) can be found online on the Kry.de website in the FAQ section as well as via the Kry app. Before the medical consultation (Kry video medical consultation) takes place, the maximum amount that a consultation can charge (see FAQ) is reserved on the payment account based on the user’s selected payment method. The amount due depending on the consultation provided by the clinician is paid only after the user has received advice from a clinician. The user may only have a medical consultation if the amount has been reserved on the user’s payment account. The reservation of the amount and further payment processing will be performed by a subcontractor appointed by Kry and not by Kry itself.

6. Warranty

6.1 24/7 Kry service hours of operation

Kry services are designed to operate 24 hours a day, 7 days a week, 365 days a year, with the exception of occasional maintenance. Kry must endeavour to avoid excessive downtime and significant impediments to the usability of Kry services as far as possible. However, Kry does not warrant or guarantee the error-free and uninterrupted accessibility and usability of the Kry services or the features contained therein. Kry services, including Kry video medical consultations, are provided in accordance with the terms and conditions, except for permitted interruptions such as, but not limited to scheduled maintenance. Although Kry services are available 24/7, this does not apply to Kry video medical consultations. The opening hours, which can be viewed via the Kry website and in the Kry app, apply.

6.2 Interruptions to availability

6.2.1 Kry is not responsible for any interruptions in availability as a result of: (i) errors/problems related to the hardware/devices, network or software of the users or errors related to software that is part of a third-party product for which Kry is not responsible; (ii) other circumstances for which the users are responsible; (iii) any virus on the device used or any other security threat resulting in interruption of the service despite adequate preventive measures taken by Kry; (iv) circumstances considered force majeure.

6.2.2 In the event of interruptions or disruptions to the availability of Kry services, users may contact Kry Support.

7. Liability

7.1 Claims for damages by users are excluded, unless otherwise specified below or unless they are in conflict with mandatory legal regulations conflict. The exclusion of liability also applies to legal representatives and vicarious agents of Kry if users assert claims against them.

7.2 Excluded from the exclusion of liability are claims for damages due to injury to life, limb or health and claims for damages arising from the breach of essential contractual obligations, the fulfilment of which users were particularly entitled to rely on.

7.3 Also excluded from the exclusion of liability is liability for damages caused by an intentional or grossly negligent breach of duty on the part of Kry, its legal representatives or vicarious agents.

8. Intellectual property rights; user licence

8.1 Kry grants users a free, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Kry services for the entire term of the license. This applies exclusively to uses permitted under the Kry terms and conditions and only to the extent of the Kry services used as described in each case.

8.2 Any intellectual property rights arising from Kry’s provision of the Kry services and/or other services to the users are the exclusive property of Kry. This exclusivity also includes the right to modify and transfer these rights.

9. Unauthorised use and information

9.1 Kry takes all forms of unauthorised use of the Kry account and Kry services that do not comply with these terms and conditions very seriously. It is not permitted to record consultations with clinicians or distribute any material relating to such consultations in any form. In addition, users are not permitted to (i) reproduce or imitate the Kry services (Kry website and Kry app) or modify the Kry services or their content in any way or create derivative works therefrom; (ii) use visual elements of Kry services separately from supporting texts or vice versa; (iii) remove copyright notices, trademarks, or other evidence of ownership of any content downloaded by the user from the Kry website or the Kry app, or copies of such content; (iv) use or incorporate into other works the contents of such Kry services for purposes other than those expressly authorised herein, unless Kry’s prior written consent has been obtained; (v) use the Kry services or its content in an unlawful or unlawful manner; (vi) investigate or reproduce the source code or functions of the Kry services or its contents by decompilation, reverse engineering, disassembly or other technical means; (vii) attempt to circumvent any technology used by Kry to protect Kry services, healthcare providers, partners or other users; or (viii) allow third parties to use the Kry services or their content.

9.2 Kry reserves the right, upon giving prior warning or notice to the user, to remove information about the Kry services, temporarily or permanently suspend the user’s Kry account or take other measures if the user has materially or repeatedly breached these terms and conditions. This also applies if the continued provision of Kry services to the user could pose an immediate threat to Kry, the Kry services, other users or third parties. The right to terminate this agreement pursuant to section 10.3 and any other rights to which Kry is entitled under these terms and conditions or applicable law remain unaffected.

9.3 Kry also reserves the right, if appropriate, to temporarily or permanently block a user’s Kry account after giving prior warning or notification to the user. This also applies to the right to take other measures if there is sufficient evidence that the user is misusing the Kry services, in particular by contravening the provisions of sections 2.7, 2.10 or 2.11.

9.4 If the user has breached these terms and conditions or used the Kry services in an unlawful, abusive or unauthorised manner, the user must indemnify Kry for any damage caused by negligence as a result of such actions (including, without limitation, costs of proceedings and other third party claims). Other remedies and claims to which Kry is entitled under applicable law remain unaffected.

10. Term and termination

10.1 The license enters into force at the time the user creates an account with Kry and remains so for an unlimited period.

10.2 The user has the right to delete the Kry account at any time and terminate the licence by requesting deletion through its own account.

10.3 Notwithstanding any other termination rights provided under these terms and conditions or applicable law, Kry may terminate the licence with immediate effect if the user (i) breaches any material/mutual obligation under these terms and conditions; or (ii) otherwise breaches these terms and conditions. This also applies if there is a legitimate reason to suspect such a breach, provided that the user does not correct this breach within thirty (30) days after an appropriate written reminder. In particular, but without limitation, the conduct described in sections 2.7, 2.10 or 2.11 will be deemed to be a breach of a material obligation or breach, whereby in the case of acute danger no reminder with a deadline will be required.

10.4 In addition to Kry’s termination rights under these terms and conditions of use, Kry may terminate Kry services at any time by giving four weeks’ notice to the user.

10.5 Upon termination of the licence pursuant to section 10.3, Kry must (i) terminate the user’s Kry account; (ii) all rights granted to the user under this agreement will immediately cease; and (iii) the user must immediately cease accessing and using Kry Services by any means and form.

10.6 Users whose Kry account has been terminated pursuant to section 10.3 have the right to re-register or create a new Kry account only with special permission from Kry.

11. Product development and changes to terms and conditions

11.1 Kry reserves the right to change the scope and functions of the Kry account and Kry services as it seeks to steadily improve the products and services (including but not limited to layout, content and functions). Kry will not change these Kry terms and conditions unless these changes materially reduce the quality of Kry services described herein or otherwise adversely affect the user’s rights and obligations under these terms and conditions.

11.2 Kry reserves the right to make reasonable changes to the Kry terms and conditions. In particular, these include changes to improve existing functions or features to add new functions or features, to implement scientific and technical advances, or to make appropriate technical changes to ensure the functionality or safety of Kry services. Changes for legal or regulatory reasons may also be made.

11.3 In the event of changes that could affect the existing contractual relationship, the users must be notified in advance in a suitable manner, e.g. by email. The notification will include information about the changes and the right to reject these changes, who to notify about the rejection, and the consequences if the user rejects them.

11.4 The changes will be deemed accepted by the user if the user does not reject them within 30 days. No changes may be made to the application of this procedure which materially affect the contractual balance between Kry and any consideration provided by the user in exchange. If the user does not wish to continue using Kry services under the terms and conditions of use, they may terminate their account by contacting Kry. Kry will expressly inform the user of their right to object and the consequences of not doing so. This provision does not apply to material contractual obligations (i.e. contractual obligations that enable the performance of the contract and upon which the other party regularly relies). The date on which the objection is received by Kry is decisive for the time of the objection. The current version of the applicable Kry terms and conditions can be viewed on the Kry app or on the Kry website.

11.5 Kry reserves the right to terminate the Kry terms and conditions if the user contradicts the changes to these terms and conditions in accordance with section 11.4.

12. Assignment of rights; subcontracting

12.1 Users may not assign these Kry terms and conditions and/or any of their obligations or rights hereunder to any third party unless Kry has given its consent to do so, which may not be unreasonably withheld.

12.2 Kry reserves the right to appoint subcontractors to meet the obligations under these terms and conditions. Even if a subcontractor is used, Kry remains responsible to the users for meeting the obligations Kry has under these Kry terms and conditions.

13. Other

13.1 These Kry terms and conditions and any claims, disputes, rights, obligations or litigation arising out of or in connection with these terms and conditions must be governed by and construed in accordance with the laws of the Federal Republic of Germany without regard to conflict of laws principles. The parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and German private international law do not apply.

13.2 Should any provision of these Kry terms and conditions be or become invalid, the validity of the remaining provisions will not be affected thereby.