Terms and Conditions of Vivira Health Lab GmbH for the Digital Health Application (DiGA) “Vivira”

Therapeutic training at home
for back, knee and hip pain

As of 01 July 2020

You can read the sections by clicking on the respective heading.

1. General and scope

1.1. Vivira Health Lab GmbH (“Vivira”) develops and operates the Vivira application (“App”) and the website www.vivira.com (“Website”). Vivira offers programs for personalized therapeutic training via the App. The programs include exercises, Wellbeing Journals and Movement Tests as well as the visualization of activity and progress (“Programs”).

1.2. The App and website are used exclusively on the basis of these general terms and conditions (“Terms and Conditions”).

1.3. Any natural person using the App, Website or Programs offered therein is a user within the meaning of these terms and conditions. A legal person cannot be a user within the meaning of these terms and conditions. Use for business or other commercial purposes is not permitted.

1.4. These Terms and Conditions apply to the use of the App, Programs, and Website. Terms and conditions that contradict or go beyond these Terms and Conditions are not part of the contract.

1.5. Vivira values ​​the inclusion of all genders. The male form is used in the texts of the App, the Website and other communication solely for reasons of better readability.

2.1. The Vivira App (“App”) is a therapeutic training program for back, knee and hip pain. The App addresses users with non-specific lower back pain, osteoarthritis of the spine (osteochondrosis), osteoarthritis of the knee (gonarthrosis), non-specific knee pain, osteoarthritis of the hip (coxarthrosis) and non-specific hip pain.

2.2. The App can be used with or without prescription by a doctor. It offers, e.g., personalized, and therapeutic training content that adapts based on user feedback, the possibility to track training activity and the development of the disease, the possibility to test movement capabilities, and educational content regarding the health of the musculoskeletal system.

2.3. Before use, a doctor should have confirmed that Vivira is suitable for the user in his or her specific health situation. Vivira does not offer a medical or therapeutic diagnosis, recommendation or medical treatment.

2.4. The Vivira Instructions for Use must be read carefully and completely before use. The Instructions for Use can be accessed on www.vivira.com and in the Vivira App. Questions can be sent to: service@vivira.com at any time.

3.1. Technical requirements

Vivira is currently compatible with operating systems from Android 6.0 and from iOS 11.0 onward.

To fully use Vivira, users need to continually update their software, incl. browser technology and operating systems on their devices. Certain activations may be required (e.g., Java Script). If older software or software that is not in general use is used, it is possible that the user will only be able to use Vivira’s services to a limited extent or not at all.

In addition, the use of the Vivira App on mobile devices is subject to the applicable terms and conditions of Apple (App Store) and Google (Google Play) according to the operating system of the mobile device used.

An application without a stable broadband internet connection is not possible. To use the website and app, the necessary hardware and software facilities as well as the required network and data volume must be provided by the user.

3.2. Before using the App, users confirm that they

  • are at least 18 years old
  • have read and accept the Vivira Terms and Conditions
  • have read and accepted the Vivira Privacy Policy and consent to the processing of their health data by Vivira.

3.3. The purpose of data processing is to support users in optimally conducting therapeutic training at home, as a complement to other treatment forms, while helping as best possible in reducing knee-, hip-, or back-pain. This includes the clinical validation of Vivira by research organizations using anonymized data.

3.4. Consent to data processing can be revoked at any time directly in the app under Profile > Settings > “Manage your data”.

4.1. A stable general health condition is a prerequisite for the use of the App.

4.2. If users experience pain, discomfort or loss of function during or after using the app, they should abort the program and, if necessary, see a doctor.

4.3. Pause Vivira if you experience:

  • severe pain
  • swollen or very warm joints
  • fever
  • general feelings of illness

Vivira should only be used if none of the following contraindications are present, unless you have received a medical clarification from a doctor who considers physical exercises such as those used in the Vivira app to be harmless in your particular case:

Acute inflammation or fever
Do not use the Vivira App if you have an acute inflammation or fever.

Slipped disc or sensorimotor disorders
Do not use the Vivira app if you have or have had a slipped disc or sensomotoric complaints. In addition to the herniated disc, this includes numbness or weakness in your legs, loss of sensation in the genital area as well as bowel or bladder incontinence.

In neurological treatment
Do not use the app if you are being treated for a stroke, paralysis, MS or convulsions.

Previous spine surgery
Do not use the Vivira app if you have already undergone spinal surgery.

Previous hip or knee surgery
Do not use the Vivira app if you have had surgery on your knee or hip in the past, especially if you have received a new joint or your leg axis has been corrected.

Possible injuries of the spine, spinal cord, knee or hip joint
Do not use the Vivira app if your pain is caused by a fall or other physical injury and has not been medically examined to rule out injuries to the spine, the spinal cord or the affected joint.

Spinal or joint infection
Do not use the Vivira app if you have been diagnosed in the past with an infection in the area of the spine, hip or knee joint.

Spinal tumor
Do not use the Vivira app if you have a medical history of spinal tumor, cancer, excessive night sweats, unexplained weight loss and/or unexplained fatigue.

Free joint bodies
Do not use the Vivira app if you have a free joint body in the knee or hip joint or if osteochondrosis dissecans or bone necrosis is known.

Advanced heart disease
Do not use the Vivira app if you have or have had a history of heart disease, shortness of breath after climbing stairs for less than 2 floors or other unresolved cardiovascular problems (e.g. palpitations, unexplained swelling of the legs, coughing).

Rheumatic disease
Do not use the Vivira app if you suffer from a known rheumatic disease.

Reduced bone density
Do not use the Vivira app if you have a known low bone density (age-related bone loss or other medical reasons).

Unsteady gait or frequent falls
Do not use the Vivira app if you have an unsteady gait, frequent falls, low blood pressure or dizziness caused by exercise.

Bleeding tendency, history of increased bleeding or anti-coagulant therpay
Do not use the Vivira app if you suffer from increased bleeding, a hereditary bleeding disorder, or are taking anti-coagulant medication.

Pregnancy
Do not use the Vivira app if you are pregnant or think you might be pregnant.

Lung failure
Do not use the Vivira app if you suffer from lung failure.

Thrombosis
Do not use the Vivira app if you are being treated for thrombosis.

Psychosis
Do not use the Vivira app if you are being treated for psychosis.

Skin sensitivity disorder
Do not use the Vivira app if you suffer from a skin sensitivity disorder.

Large skin defects or severe burns
Do not use the Vivira app if you are or recently were hospitalized for large skin defects or severe burns.

The App is not barrier-free and therefore not suitable for users with visual impairments.

7.1. Attention! Always follow your doctor’s instructions regarding the exercises and movements you are allowed to do in your particular health situation. Your doctor’s instructions are always above the instructions in the app and must always be followed exactly. Failure to follow your doctor’s instructions when using Vivira can result in pain and injury.

7.2. Attention! Before carrying out an exercise, always pay close attention to the exercise instructions in the instruction video and always read the explanatory texts under the instruction videos. They contain important information for the correct execution of the exercises. If you are not sure how to do an exercise, stop and ask your doctor or therapist. Although the exercises have been selected to be suitable for home exercise without a doctor or therapist present, doing the exercises incorrectly can cause pain and injury.

7.3. Attention! Always answer the questions that are asked by the App carefully and truthfully, especially regarding your complaint area, medical indications, movement limitations, pain, and the ability to do all repetitions of an exercise. Providing inaccurate or incorrect information in the Vivira App can lead to you getting exercises that are not suitable for you. Performing such exercises can cause pain or injury.

7.4. Attention! Individual exercises require positions in a quadruped position (on all fours) and lying down. If you have difficulty getting up after taking these positions, you should not do these exercises.

8.1. Side effects are undesirable effects that can occur when the app is used as intended. Which side effects may occur?

  • Temporary, slight pain due to excessive strain on joints, muscles or tendons

8.2. Reported side effects, which occurred in at least one of 50,000 Vivira installations, were taken into account for the information at this point. No other side effects were known to us at the time of writing these Instructions for Use.

Other possible side effects, although none have been reported to us by users:

  • Pain in legs, knees, backs of hands
  • Ischia-like pain in the area of the lumbar spine due to irritation of the nerve exit points from the spine
  • Irritant states of the joints with impaired function
  • Swelling
  • Itchiness

8.3. If you notice an undesirable effect when using Vivira (e.g. a discomfort or a change), send us a message directly from the App (Profile> Settings> Send us a message) or an email to service@vivira.com. You can also contact a doctor or pharmacist to report an undesirable effect.

9.1. The services offered by Vivira (“Vivira-Content“) include copyrighted and otherwise protected content.

9.2. Vivira grants the user a time-limited, non-transferable, non-exclusive opportunity to use Vivira contents in a non-commercial form to the extent permitted by the local rules of use.

9.3. The distribution of or making Vivira contents publicly available is not permitted. The granted right of use expires as soon as the user is no longer activated for the respective Vivira content (e.g. after the expiry of the prescription / approval period or – for self-payers – the Vivira subscription) or upon termination of the usage-relationship.

10.1. Vivira provides the services within the scope of these Terms and Conditions according to the current state of the art.

10.2. Vivira continuously develops the app and programs. New features can be introduced and existing ones replaced with new ones or removed without replacement.

10.3. The range of services of the programs depends on the service selected by the user. Vivira offers various services (see Appendix 1).

10.4. Vivira is obliged to deliver the defined service elements as described in Appendix 1. However, Vivira reserves the right to expand or, if necessary, adjust the scope of services at any time.

10.5. In the event of a culpable violation of legal regulations or these terms and conditions by the user or a third party attributable to him, Vivira is entitled to suspend the customer account of the user.

11.1. The possibility to use the App begins with installation. After the first start of the App, a 7-day free-trial phase begins. The free-trial phase can be extended under special exceptional circumstances (e.g., Corona/COVID-19). After the free-trial phase has ended, the user can only use the App by entering an activation code or by purchasing a paid subscription as offered by Vivira.

11.2. The duration of use after entering an activation code is limited to the activated time period. There is no automatic extension and no automatic conversion to a fee-based usage for these users. After the end of the activated time period, the user is merely informed that the entry of a new activation code or the conclusion of a paid subscription is required to continue use.

11.3. In case a self-pay subscription (without activation code) is purchased, termination is possible at the latest 24 hours before the end of the subscription term with the distribution channel (e.g. iOS App Store or Google Play) in which the subscription was purchased. If the subscription is not terminated, it is automatically renewed by the same term under the same conditions.

The self-pay usage fees are paid in advance to the respective distribution channel (e.g. iOS App Store or Google Play) and, in the case of recurring fees, according to the agreed billing cycle.

The currently applicable usage fees can be found in the app and in Appendix 1. Vivira reserves the right to change usage fees at any time with future effect.

Self-pay users are obliged to correctly provide all the information required for payment. Vivira can deactivate or stop the service if payments are pending. This does not apply if the usage fees are taken over by the statutory health insurance or other health insurances.

13.1. The user has the right to revoke his declaration of intent towards the conclusion of the contract within 14 days without giving any reason. The cancellation period is 14 days from the day the contract is concluded. The date of conclusion of the contract is the day on which the of a fee-based subscription contract was concluded.

13.2. In order to exercise the right of revocation, the user must inform Vivira of his or her decision to withdraw the declaration aimed at completing the subscription. The revocation must be sent to the following email address, specifying a domestic current account: service@vivira.com. The wording of the revocation must show a clear will of the user as well as the verifiable identity of the user.

13.3. In order to meet the revocation deadline, it is sufficient that the notification of the exercise of the right of revocation is sent before the cancellation period expires.

13.4. If the user has exercised his revocation, Vivira will reimburse all payments received immediately and at the latest within fourteen days from the day on which Vivira received the notification of the revocation and on which the user’s identity could be verified.

14.1. The user bears full responsibility for the security and confidentiality of the login data entered when setting up the Vivira account.

14.2. The user guarantees the completeness and correctness of all options and data specified in the App.

14.3. In the event of deliberate incorrect selection and provision of data, Vivira reserves the right to suspend the user’s account and to demand compensation for any resulting damage.

15.1. Vivira programs including their content such as videos, audio, images, texts, software, algorithms and user interfaces are protected by copyright. Their use is subject to the applicable copyrights.

15.2. In the Provider-User-relationship, all rights to program contents, in particular the copyright usage and exploitation rights, are vested in exclusively with the provider, i.e. Vivira.

15.3. Saving or archiving programs and content provided in the app and on the website outside of the app and website is not permitted.

15.4. Passing on or offering the programs (in whole or in part) to third parties is not permitted. Any commercial reproduction of copyright content or commercial transfer to third parties is prohibited and Vivira will pursue legal action.

15.5. The user is prohibited from removing copyright notices, trademarks and other legal reservations from downloaded content.

16.1. The physical condition of every user is different. The health of each individual depends on many special factors. The success of the programs also depends on numerous factors over which Vivira has no influence. As a result, no guarantee can be given for the success of the programs.

16.2. Vivira does not accept any liability or guarantee for the intended functionality and availability of the programs. Vivira does not owe any concrete success.

16.3. Vivira assumes no liability for the functionality and availability of the programs to meet the medical needs of the user, in particular if the user provides incorrect or incomplete information regarding demography, health, ongoing treatments or symptoms during Onboarding or during later use of the App.

16.4. Vivira assumes no liability for any health damage caused to users due to improper execution of the program content and / or due to recognized or unrecognized previous illnesses.

16.5. Vivira assumes no liability for any damage caused to the user due to the unavailability or technical malfunction of the programs. Any possible reduction of the paid user fee remains unaffected thereby.

16.6. Vivira excludes any liability for breaches of obligations due to negligence. Damages from life, body or health injuries as well as guarantees remain unaffected.

16.7. The aforementioned disclaimers also apply to any breaches of duty by Vivira agents and their legal representatives.

16.8. For all claims against Vivira for damages or reimbursement of futile expenses, a limitation period of two years applies from the point in time at which the user becomes aware of the damage. Regardless of this knowledge, claims for damages expire no later than three years from the time of the damaging event. This does not apply to the liability in the event of intent or gross negligence or personal injury.

17.1. Vivira reserves the right to suspend the user’s account in the event of suspected improper use or substantial breach of contract. The user must be heard immediately. If the suspicion can be resolved, the suspension will be lifted again and the period of use extended by the period of the suspension. Otherwise, Vivira has a right of extraordinary termination.

17.2. If the contract ends due to the extraordinary termination before the end of the minimum term, the user remains obliged to pay in full until the time of the possible ordinary termination. This does not apply if the costs are covered by a statutory health insurance or by another type of health insurance.

18.1. Vivira can adapt or update these Terms and Conditions at any time with future effect.

18.2. Vivira will notify the user of changes via e-mail no later than two weeks before the amended General Terms and Conditions come into effect, provided that the user indicated an e-mail address when registering. The e-mail also contains information on the possibility and deadline of an objection to the change in General Terms and Conditions and on the consequences of failure to do so.

18.3. If the user does not object to the changes within two weeks, they are considered accepted. The period begins on the effective date of the changed General Terms and Conditions, which were previously announced by email.

18.4. In the event of a timely objection, Vivira is entitled to extraordinarily terminate the user relationship with effect from the point in time at which the changed General Terms and Conditions come into force. Pro rata fees up to the regular end of contract will be reimbursed in this case.

19.1. The place of service is Berlin (Germany). The contract is subject to German law.

19.2. Should individual provisions of these Terms and Conditions including this provision be or become ineffective in whole or in part, the effectiveness of the remaining provisions remains unaffected. The respective legal regulations replace the ineffective or missing terms.

In a free-trial period, Vivira allows users to try the app for up to 7 days for free.

Due to the Corona/COVID-19 crisis, the free-trial period has been exceptionally extended until further notice. Vivira reserves the right to cancel the extension at any time without further notice. In this case, further use of Vivira may be possible only with an activation code or a self-pay subscription.

After the end of the free-trial period, the app can only be used further if the user a) enters an activation code as a GKV-insured person in accordance with a doctor’s prescription for Vivira (this is possible as soon as Vivira is listed as a Digital Health Application with the BfArM) or b) there is another cost assumption/reimbursement by a health insurance company and the corresponding activation code is entered. The use with cost assumption/reimbursement by a health insurance company is time-limited and automatically ends at the end of the cost assumption/reimbursement period. This usage does not result in a subscription. In cases a) and b), no self-pay subscription has to be purchased by the user for the period of cost assumption/reimbursement!

If there is no cost assumption/reimbursement by a health insurance company, the user can purchase a subscription as a self-payer after the end of the free-trial period. A subscription with a minimum term of 1 month is offered for 79,99 Euro per month. The subscription is automatically renewed for one month at a time unless it is cancelled in the respective distribution channel (e.g. iOS App Store or Google Play) at least 24 hours before the end of the month. When purchasing a subscription, the terms and conditions of the operator of the distribution channel used apply additionally from the time of the order.

Vivira Health Lab GmbH
Kurfürstendamm 54/55, 10707 Berlin
Contact: service@vivira.com