<strong><a href=“https://kanonhealth.com/“><img class=“size-medium wp-image-3718 aligncenter“ src=“https://kanonhealth.com/w/wp-content/uploads/logo-varianten1000-300×300.png“ alt=““ width=“300″ height=“300″ /></a></strong>

<strong>AGB – General Terms and Conditions of Kanon Health GmbH for the product Kanon Health™</strong>
<ul>
<li><strong>1 General</strong></li>
</ul>
(1) Doctors and patients can obtain the Kanon Health™ App via the Apple App Store and the Google Play Store. Kanon Health™ enables encrypted, wireless communication between doctors and patients.

(2) By ordering the Kanon Health™ product and registering in the login area offered at KanonHealth.com and using it, the doctor (hereinafter referred to both as „doctor“ or „doctor’s practice“ or „practice“ or „other healthcare institution“) or patient (hereinafter referred to as „patient“) enters into a binding contract with us, the

Kanon Health GmbH – Adenauerallee 33 – 20097 Hamburg – DE

Managing Director: Ali Babakhani

Hamburg Local Court, HRB 146923

info@kanonhealth.com

(„Kanon Health“ or „we“), to which these GTC apply.

(3) All agreements made between Kanon Health and the respective doctor or patient (doctor and patient are hereinafter also jointly referred to as „user“) in connection with the use of Kanon Health™ result in particular from these GTC, our order confirmation or our declaration of acceptance to the user.

(3) The version of the GTC valid at the time of conclusion of the contract is authoritative.

(4) We do not accept any deviating terms and conditions of the user. This also applies if we do not expressly object to their inclusion.

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<ul>
<li><strong>2 Cancellation policy</strong></li>
</ul>
(1) The user has the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the day of the conclusion of the contract.

(2) In order to exercise the user’s right of revocation, the user must inform us of the decision to revoke this contract by means of a clear declaration: In the app under „Settings -&gt; Support“, by email to info@kanonhealth.com or by post to the following address: Kanon Health GmbH – Adenauerallee 33 – 20097 Hamburg – DE.

Sample cancellation form:

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service.

Ordered on (*)/received on (*) Name of the consumer(s) Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

(*) Delete where inapplicable.

– End of the cancellation policy
<ul>
<li><strong>3 Use of Kanon Health™, consent to publication</strong></li>
</ul>
(1) The subject of our service offer is the use of the Kanon Health™ product, which enables encrypted, wireless communication between users (doctors and patients).

(2) Kanon Health™ requires users to have our Kanon Health™ App, which can be obtained via the Apple App Store and Google Play Store. Communication with the patient takes place via the Kanon Health™ App on the patient’s mobile phone. Through the online application, the patient can contact a doctor and receive answers to health-related questions from the doctor via an integrated chat, video and voice service. The Kanon Health™ product is not a medical device.

(3) We offer the Kanon Health™ product to doctors by subscription (see service offer § 6). As soon as the order is completed (see conclusion of contract § 4), registration in our login area is activated, via which you are to create a personal account. This registration is required in order to be able to use Kanon Health™. The Kanon Health™ app will be activated for users after registration.

(4) For patients, we offer the use of our Kanon Health™ product free of charge.

(5) The account data deposited by the doctor will be used by us to set up the Kanon Health™ App and will be published on KanonHealth.com for the functionality „Find doctor“ and in the Kanon Health™ App. The physician hereby expressly agrees to be publicly named as a user.

(6) The mediated physician is solely responsible for the content of the medical consultation. Kanon Health takes over the payment processing and the claim management for the services rendered by the physician in this context for the users. The users fully agree to the payment processing and the data transfer necessary for the service provision and billing.

<strong> </strong>
<ul>
<li><strong>4 Conclusion of contract</strong></li>
</ul>
(1) The presentation and advertising of the range of services at KanonHealth.com does not constitute a binding offer to conclude a purchase contract.

(2) By sending a written order to us or by placing an electronic order via KanonHealth.com you place a legally binding order. You are bound to the order for a period of two (2) weeks after placing the order.

(3) We will immediately confirm the receipt of a submitted order to the user by e-mail, unless the order has already been impliedly confirmed to the doctor within the scope of the registration through the chat function. Such an e-mail does not constitute a binding acceptance of the order unless, in addition to the confirmation of receipt, the acceptance pursuant to § 4 number 4 is declared at the same time.

(4) A contract with the user is only concluded when we accept the order by means of a declaration of acceptance. The user usually receives this by e-mail. If the contract is concluded without the use of means of distance communication, the date of the last signature shall be deemed the date of conclusion of the contract. In any case, a contract is concluded at the latest when the user’s account has been set up after activation.

(5) If the service offers requested by the user are not available, we shall refrain from issuing a declaration of acceptance. In this case, a contract is not concluded. We will inform the user of this immediately and refund any consideration already received without delay.

(6) The contractual language is German.

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<ul>
<li><strong>5 Changes to the contract</strong></li>
</ul>
(1) Kanon Health reserves the right to change these GTC as well as the offered services of the product Kanon Health™ at reasonable discretion with effect for the future or to offer deviating services, as far as this is not unreasonable for the practice users and patients.

(2) Furthermore, Kanon Health reserves the right to change these GTC as well as the services of the product Kanon Health™ or to offer deviating services, if and insofar as

Kanon Health is obliged to bring the services offered into conformity with the law applicable to the services, in particular if the legal situation changes;
Kanon Health thereby complies with a court judgment or an official decision directed against Kanon Health;
the respective change is necessary to close existing security gaps;
the change is beneficial to the practice user and/or patient; or
if the change is of a purely technical or procedural nature and has no material impact on the practice user and / or patient.

(3) Changes with only an insignificant impact on the functions of Kanon Health™ do not constitute changes in performance in the above sense. This applies in particular to changes in the structure of the app and its functions.

(4) We will inform Practice Users and / or Patients of changes to the GTC by sending them the amended GTC by email and informing them of your right to reject them and the consequences of your rejection. If the practice user and / or patient does not object to the amended GTC within two weeks of the amended GTC being sent, they shall be deemed to have accepted them. The timely dispatch of the objection is decisive for compliance with the two-week period.

(5) If the Practice User and/or Patient objects to the amendment within the two-week period, Kanon Health shall be entitled to terminate the contractual relationship as a whole extraordinarily without notice without the Practice User and/or Patient being entitled to any claims against Kanon Health.

(6) The ordinary right of termination of the User and / or the Patient according to § 16 remains unaffected by any changes of the GTC or the services offered by Kanon Health according to this provision.

Translated with www.DeepL.com/Translator (free version)
<ul>
<li><strong>6 Service Offer, Terms of Payment</strong></li>
</ul>
(1) Kanon Health provides the Kanon Health™ App including updates to the medical practice for the duration of this contract for the intended use in accordance with § 3 paragraphs (1) and (2) for a monthly usage fee of EUR 39.90 plus VAT as a „basic offer“, unless otherwise agreed with the doctor within the scope of the offer.

(2) In addition to the monthly usage fee, a one-time set-up fee of EUR 99.00 plus VAT will be charged by the doctor for the basic offer, unless otherwise agreed with the doctor within the framework of the offer.

(3) For patients we offer the use of the product Kanon Health™ free of charge.

(4) In addition to the basic offer, Kanon Health can define deviating and / or additional service offers for users. Deviating and / or additional service offers must be described and agreed accordingly in the offer.

(5) In the case of an online order, the content of the selected services and their price are displayed to the User in an order mask before the order is sent.

(6) If the User wishes to change the service offer or to change to another service offer before the end of the contract period, the change is only possible and effective if it is confirmed to the User in writing by Kanon Health.

(7) Unless otherwise agreed in the offer, the prices plus VAT applicable to the individual service offers (e.g. monthly usage fee, set-up fee, other additional services) shall be due on the monthly day corresponding to the day of the conclusion of the contract.

(8) The user may pay the monthly usage fee and other due payments by SEPA direct debit.

7 Payment processing for doctors and other health care institutions

(4) In addition, patients can book offers from doctors and/or other health care facilities within the app. The use of these offers is associated with additional costs. Doctors and/or other health care facilities can create offers for the patient in the app and define prices and services at their own discretion. As a rule, doctors in Germany base their definition of offers and services on the currently valid version of the German Scale of Fees for Doctors (GOÄ).

(5) If a Patient orders a corresponding service from a doctor or other health care institution, Kanon Health will take over the payment processing via the payment option chosen by the Patient.

(6) For the payment processing Kanon Health retains a handling fee of 9% of the service amount. Kanon Health transfers the service amount minus the service fee to the physician or other health care institutions at the end of the following month to the bank account deposited by the physician or other health care institutions.
<ul>
<li><strong>8 User registration, account and password</strong></li>
</ul>
(1) Kanon Health™ can be downloaded from the Apple App Store and Google Play. The User must initiate the registration process by entering his/her mobile phone number in the App. After entering the mobile number, the user will receive an SMS with a six-digit verification code. The user must enter this code in the app to verify their mobile number. In the next step, the user must enter his or her data such as first name, surname, date of birth and gender to complete the registration. The activation of his specific account will result in a usage agreement in accordance with the General Terms and Conditions.

(2) When the doctor registers as a practice, MVZ, or other institution (including clinic, outpatient clinic or hospital), authentication takes place via chat within the Kanon Health™ App. For this, the user must contact the support in the app under the settings. The support team checks and requests documents such as photo ID, licence to practise medicine and other documents required for verification via the chat function. If the verification is positive, the doctor or other health care facility is activated and listed in the app in the column provided for this purpose. There is no legal claim of the doctor to the use of the services of Kanon Health™.

(3) Kanon Health is entitled to refuse the registration of a user (doctor or patient) at any time without giving reasons.

(4) In order to register with Kanon Health™ and enter into a contract with us, the user must be at least 18 years old and have the authority to enter into a legally binding contract with us. The user expressly warrants that all data provided by him/her during registration are true, correct and complete and that we will immediately inform about any changes.

(5) The user expressly warrants that he/she will order or use the Kanon Health™ product exclusively for the intended use in accordance with § 2 paragraph (1).

(6) Each user may only create one account. The user shall ensure that his account cannot be misused by third parties. The user is not permitted to provide third parties with access to his access data for his account.

(7) The user shall protect his Kanon Health™ account with a password. The password must be kept secret, must not be passed on and must not tolerate or allow third parties to gain knowledge of it. The User is obliged to take the necessary measures to ensure confidentiality and to notify Kanon Health immediately in the event of misuse or loss of the password or a corresponding suspicion.

(8) The User’s login data is bound to the mobile phone number provided by the User during registration. If you have lost your mobile phone number or it has been stolen, or if you suspect that your account has been used by a third party without your knowledge, please contact us immediately.

(9) Users will only be screened and verified by Kanon Health if they are registered as a doctor or other health care provider. All other users are only registered via the mobile phone number. Kanon Health cannot technically determine with certainty whether a user registered for Kanon Health™ actually represents the person the user claims to be. Kanon Health therefore does not guarantee the actual identity of these users.

(10) All other users (patients) are registered exclusively via the mobile phone number.
<ul>
<li><strong>9 Services and availability of Kanon Health™</strong></li>
</ul>
(1) The services offered by Kanon Health™ are generally available to the users 24 hours a day. Excluded from this are the times when data back-up work is being carried out and system maintenance or programme maintenance work is being carried out on the system or the database. We will keep the possible disruptions for users resulting from this as low as possible.

(2) The User hereby expressly acknowledges that Kanon Health does not enter into any obligation to provide uninterrupted availability, upgrades or updates of Kanon Health™ or the Kanon Health™ application.

(3) We recommend the use of Windows from version 7 or OSX from version 10.10., whereby we reserve the right to upgrade to newer versions, as determined by us at our reasonable discretion, in the event of corresponding further development of the technology. If outdated or other technologies are used, it is possible that users will not be able to use our offered services or will only be able to use them to a limited extent. We recommend at least Android 7 or iOS 9.

(4) The Kanon Health™ product aims to make it technically possible for users to have a patient question answered as quickly as possible with a response from a doctor. If communication between the user and a doctor cannot be established via Kanon Health™ within 12 hours, the user can withdraw from the service agreement. To do this, the user must actively contact the support under the settings in the app using the button located there. In the event of a justified complaint, the user will be refunded the consultation fee less the applicable processing fee of 9%.

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<ul>
<li><strong>10 Content posted by doctors</strong></li>
</ul>
(1) We allow the doctors (or their practices) to store and / or transmit content within the framework of the use of Kanon Health™ so that this becomes accessible to the public in general and to interested patients in particular.

(2) The physician has no claim against Kanon Health for the publication of certain contents in the product Kanon Health™ and / or on KanonHealth.com. Kanon Health does not claim ownership of these contents.

(3) If a doctor posts his own content (such as pictures), he is exclusively responsible for this in relation to Kanon Health and undertakes to comply with the legal provisions. In particular, the user is prohibited from disseminating pornographic content, content glorifying violence and content inciting incitement of the people or inciting to criminal offences.

(4) The physician must be the owner of the ancillary copyrights, personality rights, copyrights or the rights of use to these rights in the case of his own stored and published content. The physician has thus either created the posted content himself or acquired the rights of use for use on our site from the entitled parties.

(5) Kanon Health may at any time make use of its right to block or delete all published content in whole or in part. The physician himself is responsible for the backup of the posted contents. Compensation claims of the physician due to deleted contents are excluded.

(6) The physician assumes responsibility that the contents posted by him/her are free of viruses, Trojans and/or other programs that could significantly impair or endanger the functionality, the existence of Kanon Health™ and/or other users.

(7) The physician guarantees Kanon Health that the contents published by him can be used free of third party rights. This also includes any personal rights of all depicted, named third parties and third parties included in the content.

(8) By posting content on Kanon Health™ or KanonHealth.com, the physician grants Kanon Health a non-exclusive, transferable, sub-licensable, royalty-free, perpetual, irrevocable, already fully compensated, worldwide license to use, reproduce, make available to the public, publish, translate, modify, create derivative works from and distribute the User Generated Content in connection with the Services through any medium, whether solely or in combination with other content or materials, in any manner whatsoever, whether now known or hereafter developed. Except for the rights separately granted herein, the Physician retains all rights, including intellectual property rights, in User Generated Content.

(9) Should a doctor violate this agreement, the doctor will be excluded from his membership or at least from the possibility to publish content. Furthermore, Kanon Health reserves the right to assert claims for damages.

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<ul>
<li><strong>11 Personal data, health data of patients</strong></li>
</ul>
(1) The doctor is obliged to comply independently with all laws and regulations applicable to him regarding the processing of personal data of patients or health data of patients.

(2) Kanon Health has no access to and therefore bears no responsibility for patient-related data.

(3) Kanon Health™ allows the User to manage the privacy settings of his documents himself. For this purpose, Kanon Health™ provides four different options:

Option „Only Me“: only the user himself can see this information.
Option „Favourites“: All other users who are marked as „favourites“ via the „add to favourites“ function can see this information.
Option „All“: All users of the app can see this information.
Option „Web“: People who are not registered with Kanon Health™ can also see this information via the user’s „Web Profile“.

(4) Further supplementary regulations as well as our data protection regulations can be viewed by the user on our website www.kanonhealth.com.

12 Blocking / Termination of access

(1) Kanon Health reserves the right to investigate any suspicion of misuse or material breach of contract, to take appropriate measures and to block the User’s access if there are reasonable grounds for suspicion. If the suspicion can be dispelled, the blocking will be lifted again, otherwise Kanon Health is entitled to an extraordinary right of termination.

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<ul>
<li><strong>13 Copyrights</strong></li>
</ul>
Unless otherwise indicated, Kanon Health has copyrights to the entire Kanon Health™ offer as well as the word/figurative mark „Kanon Health“ including all pictures, films, texts and other works published on www.kanonhealth.com. The use of the pictures and other works via the Kanon Health website is not permitted. Use of the images and other works beyond the types of use specified by us is not permitted without our express consent (§ 183 BGB).

14 Confidentiality obligation

(1) Both contracting parties shall be obliged not to exploit or disclose to third parties any Confidential Information of the respective other party which has been provided to them, become known to them or agreed between the parties during the term of the contract without the prior written consent of the other party.

This shall not apply insofar as a party is legally obliged to disclose the Confidential Information to third parties. In this case, the party concerned shall notify the other party in writing without undue delay after it has itself become aware of this obligation and shall only disclose or publish to third parties that part of the Confidential Information which it is obliged to disclose or publish under the relevant legal provisions.

(2) „Confidential Information“ in this context shall mean any information, know-how or other documentation, whether transmitted orally, in writing, electronically or in any other way, which is marked or designated as confidential, exchanged by the Parties in connection with the Agreement on the use of Kanon Health™.

(3) Confidential Information does not include information which has not been marked or designated as confidential or which is already in the public domain without the fault of the Parties or any third party engaged by them and which the Parties can prove was already known or in their possession at the time of disclosure by the other Party and was not made known or disclosed to it directly or indirectly with an obligation to maintain secrecy in this respect.

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<ul>
<li><strong>15 Liability</strong></li>
</ul>
(1) Kanon Health™ is only an intermediary platform for medical consultations. Kanon Health™ and Kanon Health themselves do not offer medical advice. This is left solely to the mediated doctors. The mediated doctor is solely responsible for the content of his consultation. An independent consulting relationship between patient and doctor is established, from which the liability for these services also results.

(2) Kanon Health is liable to Users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions for damages or reimbursement of futile expenses. Claims under § 536a para. 1 var. 1 BGB (liability for initial defects) are excluded.

(3) In other cases Kanon Health shall be liable – unless otherwise provided for in paragraph (4) – only in the event of a breach of a contractual obligation, the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which you may regularly rely (so-called cardinal obligation), and limited to the compensation of the foreseeable and typical damage. In all other cases, our liability is excluded.

(4) The liability for damages resulting from injury to life, body or health and according to the product liability law of Kanon Health remains unaffected by the above limitations and exclusions of liability.

(5) The limitations of liability applicable to Kanon Health according to paragraphs (2) to (4) apply equally in favour of its legal representatives, executive employees or vicarious agents.

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<ul>
<li><strong>16 Term of Contract &amp; Termination</strong></li>
</ul>
(1) The contract duration for the „basic offer“ and / or further service offers for the use of Kanon Health™ by the physician is one month from the conclusion of the contract („initial term“), unless otherwise agreed with the physician within the framework of the offer.

(2) The contract can be terminated by the physician with a notice period of one month to the end of the contract period. If the contract is not duly terminated within a period of one month to the initial or respective end of the term, the term is automatically extended by a further month.

(3) The contract may be terminated by the patient at any time without notice. A complete, permanent uninstallation of the Kanon Health™ application by the Patient is equivalent to termination of the contract.

(4) Inactivity of the User in the App, of more than 24 months, may be considered by Kanon Health™ as a termination of the Contract by the User.

In this case, Kanon Health™ reserves the right to delete the user’s account. As a rule, the user is informed in this case once by SMS with granting of an appropriate period about the threatening deletion.

(3) In addition, both contracting parties can always terminate the contract without notice for good cause in accordance with § 626 BGB. A good cause for termination by Kanon Health exists in particular if the User is more than 20 working days in arrears with a due payment despite payment reminder or warning or if the User violates the rules of conduct specified in these GTC or other provisions and despite warning does not remedy the situation within a reasonable period of time. A warning is not required if it is unsuccessful or the violation is so serious that we cannot reasonably be expected to adhere to the contract.

(4) Any termination by the user must be made by letter or e-mail. In case of a termination by the user, Kanon Health will confirm this by e-mail immediately after receipt of the termination declaration.

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<ul>
<li><strong>17 Deletion of the Account</strong></li>
</ul>
(1) Kanon Health can delete the account of a user after expiry of the contract term as well as in case of an extraordinary termination.

(2) After expiry of the contract term as well as in case of an extraordinary termination, the user has a claim to deletion of his account against Kanon Health.

(3) Kanon Health is in no case liable for the loss of data suffered by the user due to the deletion of an account.

(4) In case of deletion of a user’s account Kanon Health reserves the right to carry out the deletion within 4 weeks. All affected users will be informed about the deletion.
<ul>
<li><strong>18 Final provisions</strong></li>
</ul>
(1) The law of the Federal Republic of Germany applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

(2) The place of performance for Kanon Health and the Customer as well as the exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Hamburg, as far as legally permissible. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.

(3) Should any provision of these terms and conditions be or become invalid or contain a loophole, this shall not affect the validity of the remaining provisions.

(4) Kanon Health is conducting business in several global countries as of now. If you are interested to use, purchase, license, download or distribute our products in a country other than Germany, please contact <strong>info@kanonhealth.com</strong>.