General terms and conditions

1. general information

These General Terms and Conditions (hereinafter "GTC") apply to the use of the software for mobile devices (hereinafter: "App" or "VantisTherapy") provided by Vantis GmbH, Widenmayerstraße 18, 80538 Munich, Germany (hereinafter: "Vantis") as well as to the use of third-party devices connected to the App (see section 8 of these GTC). You can contact Vantis at 089 / 693144840 or info@vantis-health.com.

Please read these T&Cs and the instructions for use of the App carefully before registering with Vantis or downloading and using the App.

Use of the app is only permitted if you agree to these GTC. With your confirmation of these GTC, a contract is concluded between you and Vantis for the use of the app and, if applicable, the third-party devices connected to the app (see section 8), insofar as these are made available to you by Vantis. If you have any questions about the meaning of individual provisions in the GTC, you are welcome to contact us via the aforementioned communication channels.

2. vantisTherapy

The VantisTherapy app is a mobile software application that supports patients in the therapy and monitoring of ischemic heart disease (IHD). For details, please read the instructions for use. Please pay particular attention to sections 4.2 "Contraindications", 4.3 "Intended use" and 4.4 "Non-intended use" of the instructions for use.

The app is a CE-certified medical device. It is provided exclusively within the scope of the intended purpose defined in the instructions for use and the user undertakes to use the app exclusively within the scope of the stated intended purpose.

The app can be operated with the iOS and Android operating systems. The prerequisite for use is that the user downloads the app from the Google Play Store or the Apple App Store (hereinafter each referred to as "App Store"). This requires an Apple ID or a Google account and the terms and conditions of the App Store from which you download the App apply.

In the event of any conflict between (a) the App Store's terms and conditions, terms of use, or end user license terms ("App Store Terms") and (b) these TOS, the App Store Terms will prevail with respect to your use of the version of the App downloaded from the applicable App Store. Nothing in these TOS is intended or shall be construed to limit or modify the App Store Terms.

When downloading from an app store, Vantis is the app provider and the app is a third-party app. Therefore, Vantis is solely responsible for the content of the app, the warranty, and any claims you may have regarding the app.

As a user, you must ensure that the technical requirements specified in the App Store for downloading and using the app on your end device are met. The User undertakes to use the App only in the latest version available in the respective App Store (see also Section 14.6). A new version is not associated with additional costs for the user. Information on the respective current version can be found in the respective App Store.

Downloading the app is free of charge for the user.

3. not a substitute for medical care and treatment

Please pay particular attention to section 2.3 "Note on personal responsibility" in the instructions for use.

Please note that the app is intended to support the therapy and monitoring of ischemic heart disease (see section 4.3 "Intended use" of the instructions for use). The app does not make medical diagnoses and can in no way replace medical care and treatment, but supplements it. If you have any doubts about what action to take in the event of a health problem, contact your doctor or your treating medical institution. You should never disregard advice from your doctor or treating medical institution or postpone or reschedule an appointment because of information obtained through the app.

If you experience a deterioration in your health while performing exercises or implementing tips from the app, you must stop the exercise or implementation immediately and have the deterioration clarified by a doctor. In general, it is important to pay attention to the signals of the body: if an exercise causes pain or any kind of discomfort, it should not be performed or should be discontinued. If in doubt, do not perform or discontinue the exercise.

Vantis does not make any promises that the use of the app will lead to an improvement in health complaints. In addition, the effect of app use is influenced by individual factors, such as physical predispositions and pre-existing conditions, so that the result can vary greatly in different people despite the same use of the app.

4. requirements for the use of VantisTherapy

4.1 General requirements

The prerequisite for using the app is that the user is at least 18 years old, has unlimited legal capacity and is not under care, unless a legally valid representation is actively proven.

4.2 Indication of the app

The app is indicated for patients who have been diagnosed with ischemic heart disease (IHD) by a physician (see section 4.1 "Indication" in the instructions for use).

5. registration / user account

In order to use the app and other services offered by Vantis, the user must create a personal user account. Only one user account may be created per user. Details can be found in section 6 "Setting up your account" of the instructions for use.

6. use of the app / your obligations as a user

6.1 No commercial use / no passing on of content

The app is intended exclusively for consumers. The app may only be used for personal and not for commercial purposes. Any distribution of the content is expressly prohibited without the express consent in text form of Vantis.

6.2 Group chat function

The app provides users with a group chat function for users of the VantisTherapy app to exchange information with each other on topics related to the app and its intended use. The condition of use is that the user follows the Vantis "Chatiquette" (see the "Group Chat" help entry in the app). Vantis does not actively moderate the group chat, but reserves the right to delete content that violates the "Chatiquette" (or that is illegal). In case of illegal chat content or particularly serious or repeated violations of the "Chatiquette", Vantis reserves the right to exclude the user from the group chat or to terminate the contract with the user without notice.

7. interruption of use / further developments

7.1

Vantis will always make all reasonable efforts to ensure proper operation of the App and the App is generally available 24 hours a day. Vantis does not assume any responsibility or liability for the uninterrupted usability of the Internet. The same applies to the uninterrupted usability of the App, as far as technically caused delays, interruptions or failures or necessary maintenance, each to a reasonable extent, or as far as an event beyond the control of Vantis occurs.

7.2

Vantis strives to continuously develop the app. Therefore, individual functionalities may also be adapted during an ongoing contract. A valid reason for a change of the service exists in particular if new technical developments make a change of the service necessary, because the service can no longer be provided in the previous contractually agreed form or if newly issued or changed legal or other official or sovereign requirements necessitate a change of the service. Furthermore, a valid reason for a change of the service exists if the change is necessary to take into account technical progress or to make technical adjustments and/or to ensure the future functionality of the service. Vantis will ensure with each modification that the relationship between service and consideration does not shift to the disadvantage of the User.

8. connected devices / costs / logistics

Optional components of the paid use of the app also include a blood pressure device and a smartwatch ("devices") for recording activity and vital parameters. The devices can be connected to the app by the user. Vantis provides these Devices to the User upon request and recommends that these Devices be connected and used in conjunction with the App. After the user starts the therapy in the app, the devices, if ordered by the user, will be shipped immediately. The devices are transferred to the user (except if it is a test user, see clause 9.2) under the condition that no revocation is declared according to clause 10 and the satisfaction guarantee according to clause 11 is not claimed.

Please also refer to section 8 "Connecting external devices" of the operating instructions.

If you are a test user and do not purchase a follow-up code within 14 days after the expiration of the purchased activation code (see section 9.1) or do not fulfill the other conditions on checkout.vantis-health.com for the transfer of ownership of the devices to test users, the devices must be returned to us immediately after receipt of a return bill from Vantis, at the latest within one week. Vantis will bear the costs of the return shipment. You will receive the return bill from us by e-mail.

9. costs

9.1 Paid use of the app

Vantis provides information on the various options for app use, including costs, at https://checkout.vantis-health.com/.

Use of the app is currently only available to self-pay patients (including those with private health insurance).

To use it, you can purchase an activation code at https://checkout.vantis-health.com/. The code is displayed in the browser after payment and is also sent to you in an e-mail. Depending on the selected package, the activation code may also include the purchase or provision of the devices.

This activation code can be used only once and is not transferable. The activation code does not expire if it is not redeemed by the user (only the general limitation period according to BGB applies).

Activation takes place in the app. This requires that you install the app, create a user account in the app (see item 5), and enter the code in the app after logging in with your user account. You can then start the therapy in the app.

With the activation code, you can use the app for 91 days from the start of therapy (example: start of therapy on April 15 - the possibility of use ends at the end of July 15 if you do not purchase and enter a new activation code at https://checkout.vantis-health.com/).

If you do not purchase a follow-up code, your therapy data and user account will be deleted in accordance with our privacy policy and cannot be restored after deletion. The same applies in the event of a revocation (see section 10) and if you make use of the 21-day satisfaction guarantee (see section 11).

9.2 Test user

From time to time, Vantis may offer the option to become a test user at discounted terms. In this case, we will inform you about the conditions and costs of the test user access on https://checkout.vantis-health.com/.

9.3 Payment processing

Payment processing takes place via our payment provider Mollie B.V. (Keizersgracht 313, 1016 EE Amsterdam, The Netherlands). Mollie offers the following payment methods: Klarna instant bank transfer, Klarna invoice, Paypal, credit card. There are no additional costs for you when you pay via Mollie. For more information, please visit https://www.mollie.com/de.

In case of non-payment by you (e.g. in case of insufficient funds or non-payment of the invoice despite reminder) Vantis reserves the right to cancel your purchased activation code as well as to delete your user account (according to our privacy policy).

9.4 Sales tax

All prices communicated to the user include the statutory value added tax.

9.5 Costs for Internet access

Users may incur costs for Internet access (as well as mobile or roaming charges, if applicable) depending on their Internet service provider.

10. right of withdrawal

As a consumer, you are entitled to a right of withdrawal in accordance with the statutory provisions. There are no exceptions to the statutory right of revocation in the contract with us. The following cancellation policy applies:

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason.

If you have ordered equipment, the withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the equipment.

If you have not ordered any devices, then the cancellation period is fourteen days from the day you start therapy in the app by entering the activation code.

To exercise your right of withdrawal, you must inform us, Vantis GmbH, Widenmayerstraße 18, 80538 Munich, Germany (phone number: 089 / 693144840; e-mail: info@vantis-health.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We can refuse the repayment until we have received the equipment back or until you have provided proof that you have returned the equipment, whichever is the earlier.

If you have received equipment from Vantis, you must return or hand it over to us immediately and in any case no later than within fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the equipment before the expiry of the period of fourteen days.

You shall only be liable for any loss in value of the equipment if this loss in value is due to handling of the equipment that is not necessary for testing the condition, properties and functioning of the equipment.

Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

To Vantis GmbH, Widenmayerstraße 18, 80538 Munich, Germany (e-mail address: info@vantis-health.com):

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

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only in case of notification on paper)

- Date

(*) Delete as applicable.

11. satisfaction guarantee

Vantis grants you a 21-day satisfaction guarantee. This is independent of your statutory right of withdrawal according to clause 9. The 21-day period runs from the start of therapy in the app. Before the expiration of the 21 days, you can informally notify us at any time without giving any reason by sending an email to: Hilfe@vantis-health.com to notify us that you do not wish to continue using the app ("Exercise of the satisfaction guarantee").

You must return or hand over the devices received from Vantis immediately and in any case no later than within seven days from the day on which you received the return bill from us. The deadline is met if you send the equipment before the end of the seven-day period. We will bear the costs of the return shipment.

If you have received equipment from Vantis, we will promptly (and no later than fourteen days) refund to you the payment for the Unlock Code upon receipt of the equipment returned by you, using the same means of payment that you used to purchase the Code. If you have not received any equipment from Vantis, we will immediately (and no later than within fourteen days) after you exercise the satisfaction guarantee, refund to you the payment using the same means of payment that you used to purchase the code.

If you make use of the satisfaction guarantee, we will delete your user account and your data in accordance with our privacy policy. These cannot be restored after deletion.

12. data protection

In addition to these GTC, the "Privacy Policy" of Vantis, which can be accessed at https://vantis-app.com/content_media/data_protection/Datenschutzerklaerung_VantisTherapy_VantisGmbH.html, also applies.

13. copyright / intellectual property

The App and the content contained therein (such as texts, software, images, graphics, videos, sound documents, or the like) are the property of Vantis or the property of third parties who have granted Vantis a corresponding license.

Vantis grants User a limited, non-transferable, non-sublicensable, non-exclusive right to use the App for personal use in accordance with the Vantis Privacy Policy, these TOS, the User Guide and the App Store Terms ("Intended Use"). Any use outside the Intended Use requires the express consent of Vantis in text form.

14 Warranty & Liability

14.1

The general statutory warranty rights apply.

14.2

Claims of the user for damages are excluded, unless it is a matter of

Claims under the Product Liability Act or

Claims due to injury to life, limb or health, or due to the

Claims due to the violation of essential contractual obligations (cardinal obligations - see Section 14.3) or

claims for other damages based on an intentional or grossly negligent breach of duty by Vantis, its legal representatives or vicarious agents.

14.3

Material contractual obligations (cardinal obligations) are those whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the user regularly relies. In the event of a breach of such material contractual obligations (cardinal obligations) caused by simple negligence, Vantis shall only be liable for the foreseeable damage typical for the contract, unless the User's claims for damages are based on injury to life, body or health.

14.4

The restrictions of paragraphs 2 and 3 shall also apply in favor of the legal representatives and vicarious agents of Vantis if claims are asserted directly against them.

14.5

The limitations of liability resulting from paragraphs 2 and 3 do not apply if Vantis has fraudulently concealed a defect or has given a warranty as to quality or if Vantis and the User have made an agreement as to the quality of an item.

14.6

Further developments of the app as well as the elimination of any errors are taken into account by providing updates. We recommend that you use the setting for automatic updates of the respective app store. The liability of Vantis for damages from an old version is excluded, as far as at the time of the damage-causing use of the old App version a more current version was generally accessible, which did not contain the damage-causing element.

15 Applicable law

The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

16. online dispute resolution platform / consumer arbitration board

16.1

The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.

16.2

We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

17. status of the GTC

The status of these General Terms and Conditions is June 25, 2021 (version 2.0).