Terms & Conditions

1. Applicability, scope, App description

1.1
These terms and conditions of use (the “Terms”) are concluded between DMS Digital Medical Supply Germany GmbH, Registration Number HRB 192856, Julie-Wolfthorn-Straße 1, 10115 Berlin ("Kry") and the customer/patient who registers as an account holder (the “Account Holder”) regarding Kry's provision of the account (the “Account”) and related services on the technical platform for Account Holders and licensed healthcare practitioners (“Healthcare Provider”) that Kry provides for applications for iOS and Android (the “App”). When registering an Account in the App, the Account Holder agrees to these Terms.

1.2
Through the App, Kry provides the opportunity to individuals (patients), who are Account Holders, to contact Healthcare Providers from a distance for having remote medical consultations, and various other health related services. Account Holders may book appointments with Healthcare Providers to be held in the form of primarily video meetings. The Healthcare Providers accessible through the App are medical specialists (Fachärzte) licensed in Germany who have joined the the platform created by the App. They cover selected medical specialties , but not all specialties in the field.

1.3
Consultations with Healthcare Providers through the App are not meant to, and cannot, replace all conventional visits and face-to-face appointments with physicians. For some symptoms and medical conditions, a conclusive diagnosis and treatment plan patients may have to present personally to a physician, or required immediately turn themselves in at an emergency ward.

1.4
The scope and process of medical consultations offered by the Healthcare Providers are subject to specific limitations imposed by the professional rules applicable to physicians, e.g. the individual case (medical issue) presented by an Account Holder must be suitable for remote medical consultation according to the doctor's justifiable by the fair medical judgment. Thus, scope and process of medical consultations is limited by the currently applicable legal framework. Account Holders have no warranted claim to a medical consultation enabled by the App.

1.5
The App also allows the Account Holder to submit written descriptions of symptoms to facilitate meeting scheduling and treatment prior to the meeting. When the video meeting begins, the Account Holder can describe his/her condition and concerns to the healthcare practitioner, who will then perform an anamnestic and, as the case may be, a visual examination of the patient, diagnose where possible, and suggest further treatment.

1.6
In respect of provision of healthcare services from Healthcare Providers, Kry is only an intermediary service between the Account Holder and Healthcare Providers. Any contract for medical care and advice is concluded solely between the Account Holder and the relevant Healthcare Provider. Kry itself in particular does neither practice medicine nor acts as a provider of healthcare services nor as representative of its Account Holders and/or the Healthcare Providers. The agreement between the Account Holder and Kry is therefore strictly a service agreement pertaining to the provision of a technical solution and the features as described in these Terms and other similar features provided by Kry from time to time. Kry is therefore not responsible for the nature or quality of medical examinations or other medical services provided within the context of a medical consultation.

1.7
The Account Holder is responsible for ensuring that all personal data provided when entering into an agreement with Kry is relevant, correct, and updated throughout the term of agreement. Any potential changes to this information must be reported to Kry without delay, by e-mailing service@kry.de, or by adjusting the Account Holder profile within the App (where possible).

1.8
Healthcare Providers may issue short-term incapacity certificates (sick notes). Such certificates are in general not acknowledged as valid by insurance carriers for purposes of sickness benefits (sick pay) applications.

2. General Information about Accounts and the App

2.1
Acceptance of these Terms, registering an Account and signing into the App require that the patient is at least eighteen (18) years of age and has identified him/herself by using an approved identification tool, as used from time to time, by Kry.

2.2
Use of the App requires the Account Holder's registration. In order to register, the Account Holder must enter certain personal details, including but not limited to contact details, accept these Terms and comply with identification and account verification applies by Kry from time to time.

2.3
The Account Holder is obligated to keep his/her login data strictly confidential and to protect them from access by any third party. The Account may only be used by the user to which the Account is registered and may not be utilised by, or transferred to another person. The only exception to this rule pertains to legal guardians who may use their own Account on behalf of a child, provided that the child is below the age of eighteen (18). The Account Holder is responsible for any activity, use and misuse of the Account, unless such activity, use and misuse is due to Kry’s failure to comply with any of its obligations set forth herein or in applicable law.

2.4
The Account Holder is responsible for ensuring that the Account is used in accordance with these Terms for the duration of the agreement. The Account Holder is exclusively responsible for the information that he/she submits in, or through, the App and consequently assumes all responsibility for its content.

2.5
The App is available on smartphones and tablets using iOS and Android operating systems. We make available information on technical requirements where our App is available for download. The Account Holder must read such information before proceeding with downloading the App. He/She is responsible for ensuring that the device he/she uses meets these minimum technical requirements.

2.6
By opening an Account in the App, the Account Holder accepts and confirms that the contact details provided may be used by Kry to send offers and information related to the service via e-mail, text messages and push notifications, provided that Kry obtains the Account Holder’s explicit consent, where needed, in respect of inter alia marketing communication. The Account Holder has the right to cancel this form of communication at any time following registration of the Account. Kry is responsible for handling such a request without delay.

2.7
By opening an Account in the App, the Account Holder accepts and confirms that the contact details provided may be used by Kry to send offers and information related to the service via e-mail, text messages and push notifications, provided that Kry obtains the Account Holder’s explicit consent, where needed, in respect of inter alia marketing communication. The Account Holder has the right to cancel this form of communication at any time following registration of the Account. Kry is responsible for handling such a request without delay.

2.8
Content that is published or provided by Kry in the App is to be regarded as a complement to the medical guidance provided by Healthcare Providers, and is not intended as a substitute for a medical assessment, diagnosis or treatment of any illness or disease.

2.9
Given the technologically-based format of the service, the App and the service is limited to the specific forms of illnesses, diseases and health concerns that are outlined in the App from time to time.

3. Prices and payment

3.1
Kry does not charge any fees for the use of the App.

3.2
Prices and fees for a video meeting or other services related to interactions with a Healthcare Provider in the App, and other potential costs, depend on the services that are being performed by the Healthcare Provider in his/her own name and on his/her own account during the consultation and will be charged according to the official fee schedule for private consultations: GOÄ, which is available at this link and in the App prior to making a booking of a meeting with the Healthcare Provider. For illustration purposes, GOÄ-based pricing examples for frequently occurring, exemplary types of medical appointments and services are posted on the Kry FAQs.

3.3
Prior to the booked video meeting in the App by the Account Holder, the maximum amount a consultation could cost as per Section 3.2 will be reserved on the Account Holder’s chosen method of payment. Actual payment of due amount, dependent on services performed by the Healthcare Provider will only take place after the Account Holder has received a consultation by a Healthcare Provider. Account Holders cannot start a video meeting with a Healthcare Provider in the App before payment has been reserved on the Account Holders account. Reservation of amounts and other processing of payments is handled by a payment subcontractor engaged by Kry, and not by Kry.

4. Kry’s obligations; Warranty

4.1
The App is geared to be available 24 hours per day, 7 days per week and 365 days per year, with the possible exception of occasional maintenance times. However, the App is provided “as is” and “as available”. While seeking to avoid extensive downtimes and significant impediments to the usability of the App to the extent possible, Kry do not warrant or guarantee error-free and uninterrupted accessibility and usability of the App or of any of the functions contained therein. The Account Holder can book an appointment in accordance with the available time slots in the booking system in the App. The Account Holder can either book an appointment at a specified date and time, or on a drop-in-basis, if a doctor is available at short notice. The App, including video meetings, is provided in accordance with the Terms, with the exception of allowed disruptions such as (but not limited to) planned maintenance of the App or service system.

4.2
Kry does not assume responsibility for disruptions of availability that result from:
a) errors/problems with the Account Holder’s hardware/equipment, network, software or errors in software that is part of a third-party product for which Kry is not responsible;
b) other circumstances that the Account Holder is responsible for;
c) virus on the device used or other security threat that, despite KRY’s appropriate preventive efforts disrupt the service;
d) circumstances that constitute force majeure.

4.3
Kry is only responsible for the operation of the App as agreed in these Terms, including provision of technology and services which facilitates registering for the App, account management, scheduling meetings between the Account Holder and healthcare staff, video call functionality and other features offered from time to time. . Kry is not responsible for healthcare or treatment plans provided by the Healthcare Provider to the Account Holder in writing in a video meeting, or otherwise.

4.4
Disruptions or errors in the App’s availability should be reported without delay to Kry’s customer service at service@kry.de.

4.5
Errors will as a first resort be rectified through error recovery or re-performance, as the case may be. However, should error-recovery or re-performance be impossible or should Kry be unable to provide error-recovery or re-performance within thirty (30) days of receipt of notice of breach, Account Holder shall be entitled to avail itself of any other remedies it may have under statutory law based on the defect.

5. Liability of Kry

Kry's liability for damages caused by slight negligence, irrespective of its legal ground, shall be limited as follows:

(i) Kry shall be liable up to the amount of the foreseeable damages typical for this type of contract due to a breach of material contractual obligations;

(ii) Kry shall not be liable due to a slightly negligent breach of any other duty of care applicable.

The aforesaid limitations of liability shall not apply to any mandatory statutory liability, in particular to liability under the German Product Liability Act (Produkthaftungsgesetz), and liability for culpably caused injuries of life, body or health. In addition, such limitations of liability shall not apply if and to the extent Kry has assumed a specific guarantee. The aforesaid limitations of liability shall apply accordingly to each Party’s liability for futile expenses. Account Holder is obliged to take adequate measures to avert and reduce damages.

6. Intellectual property rights; Account Holder license

6.1
Ownership, property rights and all rights related to KRY’s brand, firm, and the App, as well as all documents of agreements that are used by, and/or provided by Kry on the App, such as, but not limited to, these Terms, belong to Kry exclusively. Kry hence reserves the exclusive right to use the above mentioned material. All replications, changes and/or other use of Kry’s material that has not been explicitly authorized in these Terms or Kry’s instructions elsewhere are strictly prohibited. Unauthorized use of Kry’s intellectual property rights can, aside from violating these Terms, constitute a criminal act. Kry reserves the right to pursue legal action in the occurrence of unauthorized use of KRY’s intellectual property rights.

6.2
Subject to the Account Holder's compliance with these Terms, Kry grants to the Account Holder a free-of-charge, revocable, non-exclusive, non-transferable and non-sublicensable license to use the App throughout the term for purposes agreed in these Terms.

6.3
Possible intellectual property rights that result from Kry’s provision of the App and/or other services to the Account Holder belong to Kry exclusively. Such exclusivity includes the right to change and transfer such rights.

7. Cancellation of video meeting

7.1
The Account Holder may cancel/reschedule a scheduled appointment for a video meeting up until 2 hours before the meeting is scheduled to start without being charged. Cancellations can be made directly from the Kry app or by sending an email to service@kry.de. If a cancellation takes place more than 2 hours before the meeting is scheduled to start, and provided that a fee for the meeting has been charged from the Account Holder’s payment method, the fee will be returned to the Account Holder within 14 days. If cancellation takes place later than 2 hours before the meeting is scheduled to start, Kry reserves the right to charge a late cancellation fee amounting to 35 Euros. No late cancellation fee will be charged where the Account Holder is able to show that he/she was prevented from cancelling the meeting in accordance with this clause 7.1 due to sickness which is evidenced by a sick note issued by a German licensed physician.

8. Unauthorized use and information

8.1
Kry takes all forms of unauthorized use of the Account and the App in violation of these Terms seriously. It is not allowed to record any consultations with healthcare personal or in any way distribute any such material relating thereto. In addition the Account Holder must not[(i) replicate or imitate the App or modify the App or any of its content in any way, or create derivative works thereof; (ii) use any visual elements from the App separately from any accompanying text or vice versa; (iii) remove any copyright, trade mark or other proprietary notices from any content that the Account Holder downloads from the App or copies of such content; (iv) use or incorporate into other works any content from this App for other purposes than expressly permitted herein, except with the advance written authorization from Kry; (v) use the App or any of its content in an unlawful or infringing manner; (vi) decompile, reverse engineer, disassemble, or otherwise use technical means to investigate or replicate the code or functionality of the App or any of its content; (vii) try to circumvent any technology used by Kry to protect the App, Healthcare Providers, partners or other account holders; or (viii) allow third parties to use the App or any of its content.

8.2
Kry reserves the right to, with preceding warning or notification thereof to the Account Holder, remove information from the App, temporarily suspend the Account Holder’s Account or pursue other measures if the Account Holder has materially or repeatedly violated these Terms and/or the further provision of the App to this Account Holder may pose an imminent threat to Kry, the App, other account holders or third parties. Kry's right to terminate the agreement in accordance with article 9.3 below as well as any further rights, Kry has under these Terms or applicable law, remain unaffected.

8.3
If the Account Holder has violated these Terms or used the App in an unlawful or unauthorized manner, the Account Holder is responsible for compensating KRY for any culpably caused damage that results from such actions (including, but not limited to, legal fees and other claims from third parties). Other remedies and claims Kry has under applicable law, remain unaffected.

9. Term and termination

9.1
The agreement is valid from the time that the Account Holder registers an Account with Kry and shall be in force for an indefinite period of time.

9.2
The Account Holder has the right to cancel the Account at any time by contacting service@kry.de.

9.3
Notwithstanding other termination rights in these Terms or under applicable law, Kry has the right to terminate these Terms, effective immediately, if the Account Holder (i) breaches a material/mutual obligation under these Terms, or (ii) otherwise violates these Terms or if there is reasonable reason to suspect such violation, provided that the Account Holder does not rectify such a violation within thirty (30) days of having been notified of this in writing.

9.4
In addition to Kry's termination rights in these Terms, Kry is also entitled to terminate the services of the App at any time with 4 weeks prior notice to the Account Holder.

9.5
Upon termination of these Terms
(i) the Account Holder's Account shall be closed by Kry;
(ii) all rights granted to the Account Holder under this Agreement shall immediately cease; and
(iii) Account Holder shall immediately discontinue and refrain from any and all access to and use of the App.

9.6
Kry shall have no obligation to maintain or provide access to any information relating to an Account Holder after termination. Kry may however retain such information for any period thereafter if and as long as legally required (e.g., in order to comply with statutory retention periods) or if and as long as Kry reasonably needs such information to defend or enforce its rights or to help its licensors defend or enforce their rights (e.g., in a dispute).

9.7
An Account Holder whose Account has been terminated in accordance with article 9.3 does not have the right to re-register or register a new Account without special permission granted by Kry.

10. Product development and changes to the Terms

10.1
Kry reserves the right to modify the scope and function of the Account and the App as part of ongoing product and service development activities (relating to amongst others layout, content or functions) without changing these Terms, provided that such modifications do not materially decrease the quality of the App set forth herein or otherwise adversely affect the rights and obligations of the Account Holder under these Terms.

10.2
Kry reserves the right to make reasonable changes to the Terms. Any Account Holder will be notified by Kry about any changes to these Terms by email message and by publication in the App. If the Account Holder does not reject those changes in text form (e.g. email, fax) within four weeks after receipt of the notification, the changes are deemed to be agreed. Kry will expressly notify the Account Holder about the right to reject and the consequences of being silent. This reservation shall not apply to material contractual obligations (i.e. contractual obligations enabling the fulfilment of the contractual obligations and regularly trusted on by the other party). Relevant for the timeliness of the rejection is the date on which it is received by Kry. The most current version of the Terms in force is available in the App.

10.3
Kry reserves the right to terminate the Terms in case the Account Holder rejects to changes to these Terms made in accordance with this Sec. 10.2.

11. Notifications

The Account Holder must state the email address and phone number on which the Account Holder wishes to receive non-marketing communications such as consultation confirmations, reminders and other consultation related notifications from Kry and/or Healthcare providers. In the event the contact details change at any point during the term of these Terms, the Account Holder shall notify Kry about this, or update his/her Account Holder profile without undue delay. Cancellation or other notifications shall be communicated via email or otherwise in text form.

12. Data Protection

All personal data that the Account Holder submits via the App or which is generated by the Account Holders use of the App or consumption of healthcare services is governed by our privacy notice (Privacy Notice).

13. Transfer of rights; Subcontracting

13.1
The Account Holder may not transfer these Terms and/or its obligations or rights hereunder to a third party, unless with the permission of Kry which shall not be unreasonably withheld.

13.2
Kry reserves the right to employ subcontractors to fulfil obligations under these Terms. Even if a sub-contractor is used, Kry will remain responsible vis-à-vis the Account Holder for the fulfilment of Kry's obligations under these Terms.

14. Miscellaneous

14.1
These Terms and any claim, controversy, right, obligation or dispute arising under or in connection with these Terms shall be governed by and construed in accordance with the laws of Germany without regard to conflicts of laws principles. The Parties agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply.

14.2
If one of the provisions of these Terms should be or become invalid, this shall not affect the validity of all other provisions.