Terms of Use and Disclaimer

Terms of use & disclaimer for Prep4Surg App

(July. 1st 2024)

We do not use gendered language for easier reading. To be specific our company stands for diversity, tolerance, and equality of all creatures.

1. Scope of application

1.1 The following Terms of Use in their most recent version and in combination with the Privacy Policy define the use of the Prep4Surg (Capreolos GmbH, Berner Str. 28, 60437 Frankfurt am Main) in the following referred to as
-CAPREOLOS- or -App- and the use of the utilization of the offered services by CAPREOLOS.

1.2 The Terms of Use are exclusively valid.

2. Conclusion of Contract & Disclaimer

2.1 With consenting to the Terms of Use and all other applicable documents (Privacy Policy) the users conclude their contract with CAPREOLOS.

2.2 There are 2 different user groups for the app. User group 1 (doctors and qualified medical staff) can create patients and, after excluding contraindications to a 6-minute walk test and aerobic moderate to strenuous interval training (as well as other contraindications), carry out a risk assessment. On the basis of this data collection, an individual training program is generated for the patients (user group 2). This individual program can then be loaded onto the patient’s smartphone and used together with a suitable wearable (iOS/google wear OS) to train before major operations. The wearables are usually provided by CAPREOLOS if the patient does not have their own. After the remote preparation is completed, another assessment is carried out and the results of the operation are measured by doctors/medical staff on day 90. CAPREOLOS, its executive bodies, executives, employees, vicarious agents, partners, affiliates, and licensers assume no responsibility for whatsoever decisions made by you based on the information provided within this App, such as decisions as to whether or not consult caregivers or accept treatment by medical or healthcare professionals. You hereby waive all and any claims you have or may have in the future against

CAPREOLOS and its executive bodies, executives, employees, vicarious agents, partners, affiliates, and licensors and herewith declare to hold the aforementioned harmless from claims, litigation, costs or for any direct or indirect damages arising in connection with the use of the information. This also applies to lost earnings.

2.3 The contract between CAPREOLOS and the users allows them to use the app via a mobile network. Doctors can also collect data on a PC/laptop.

2.4. The App may use services or links of third parties. Services of these third-party providers are outside of the scope of control of CAPREOLOS. CAPREOLOS is not responsible for the content of the third parties, for their privacy policy, or any other practices of these third-party providers. We recommend to carefully read their Terms of Use and Privacy Policy documents accordingly.

2.5. The App requires a stable internet connection.

2.6. The app and the data collected in it are intended to support the decision-making process as to whether a patient is fit enough for an operation, but are not a replacement for this. The doctor’s decision-making skills must always be considered paramount and individual risk-benefit constellations cannot be assessed in the app at any time.

2.7. The app is currently only used in clinical trials and is only available at appropriate trial centers. The testing takes place in a randomized controlled environment and validates the intended purpose of the medical device. Patients receive appropriate study-specific operating instructions with the currently known warnings from their trial centers.

3. Subject of the contract

3.1 The app is a risk assessment platform that enables the doctor to create individual aerobic exercise programs for each patient, to monitor exercise progress and measure it in a second assessment after completion of the training program and to measure the 90-day results after surgery or alternative therapies. The medical facility usually purchases the individual licenses per patient and the patients then receive a 3-6 week training program tailored to them, which records their exercises in full and makes them measurable. In addition, quality of life is measured, patient-generated outcome data is measured and a protein-rich supplementary diet is recommended. With the content of the Ready4OP app, the patient can prepare optimally for the operation and possibly reduce their risk of complications.

3.2 User information is collected in such a way that the doctor and patient know the basic risk data and can track the time until each surgical procedure. CAPREOLOS stores or tracks this data in a DIN ISO 27001-compliant database in Germany and evaluates this data for its own or other purposes. However, the data can be deleted upon request. The patients are created and stored pseudonymously at the clinical facilities. CAPREOLOS does not receive any specific personal data from patient users unless the patient contacts us directly and de-pseudonymizes themselves. In this case, we can delete data directly. After the legal reporting obligations to the authorities have been completed, the data in the databases are anonymized so that we can no longer draw any conclusions about the patients and deletion is no longer possible. CAPREOLOS proceeds in such a way that only the year of treatment and the country with which the data can be compared are stored.

4. Costs associated with the App use

CAPREOLOS charges license fees for medical facilities. Patients generally do not incur any additional costs from CAPREOLOS. Please also note the privacy policy and terms of use of your respective app store operator, Apple Store and Google Play Store.

5. Changes of the App

5.1 CAPREOLOS may update or change content, or the design of the App. CAPREOLOS may interrupt access to the App and the use of its functions permanently or for a limited amount of time.

5.2 CAPREOLOS is responsible for the content on their webpage and on the app in accordance with the applying laws. CAPREOLOS is not responsible to supervise or explore external or linked content on their webpage for fraud or illegal activities. The responsibility to delete wrong or fraudful information from its pages or the App remains untouched. Legal liability of CAPREOLOS starts in the moment of knowledge of wrong or fraudful information. In case CAPREOLOS gets knowledge of wrong information or fraudful content on their website or app, the information will be removed and deleted immediately.

6. Changes of the Terms of Use

6.1 CAPREOLOS will adapt the Terms of Use in case of new information available, in case of new functions, and in case of a legal requirement to do so. The changes will become active at the moment of notification of individual users when starting the App. The users will be asked to confirm receipt and acceptance of the new Terms of Use of the App before further use.

6.2 CAPREOLOS will not store historical copies of the Terms of Use on their websites. The most recent version will be available as PDF link via the App and/or the websites of CAPREOLOS.

7. Copyright of the websites, the App, brands, and names

7.1 All rights to the websites and the app, in particular copyrights, trademarks, patents and all intellectual property rights including the rights to the names “Capreolos GmbH” and “Prep4Surg” or derivatives that may lead to confusion, remain with CAPREOLOS and its licensors. Capreolos GmbH, Prep4Surg App are registered trademarks in the European Union.

7.2 CAPREOLOS needs to allow any third-party duplication, modification, distribution, or utilization of content or parts of the website and/or the App in written form. Downloads and copies of the website/App or the app for commercial use by others are prohibited.

7.3 CAPREOLOS respects the copyrights of contents that were not generated by CAPREOLOS on their websites and the App. Contents of third parties will be marked accordingly. In case of copyright or brand violations on our websites or apps, we would appreciate a notification via hallo@capreolos.com. CAPREOLOS will take adequate measures accordingly.

8. Applicable law and place of jurisdiction

8.1 CAPREOLOS provides the information within the framework of this app with great care and makes every effort to ensure that it is up-to-date, correct, and complete. However, CAPREOLOS does not assume any liability in this respect, as errors may occur due to the high complexity and the available technology.

8.2. Unless there is evidence of intent or gross negligence on the side of CAPREOLOS, CAPREOLOS is generally not liable for damages caused by the use or non-use of the information provided or using incorrect or incomplete information. Information presented with reference to medical facts does not constitute advice, diagnosis, or therapy recommendations and does not replace the judgment of your treating doctors. Furthermore, it may not be used as a basis for consultation, diagnosis, or therapy recommendations by a doctor.

8.3 As far as the liability is excluded for CAPREOLOS this applies to its representatives and executive employees, all other employees, cooperation partners, vicarious agents, adjunct companies, and licensing bodies that you have for now and for the future.

8.4 CAPREOLOS is not responsible or liable for damages on the computer systems of users, the loss of data or other disadvantages, that might occur when accessing the CAPREOLOS websites or the App.

9. Final provision

9.1 We are authorized to transfer our contractual rights and obligations to third parties. A transfer of the contractual rights of the users is excluded.

9.2 In case a single condition becomes ineffective, the other conditions will remain active and effective. Ineffective conditions will be replaced by acceptable conditions for both parties.

9.3 Place of jurisdiction is at the discretion of CAPREOLOS Germany or the country of the use of the App, but only if the app has been certified for the specific country. 9.4 The retrievable statements and information apply exclusively to the scope of the laws of the Federal Republic of Germany. The laws of the Federal Republic of Germany apply.

Terms of use & disclaimer for Ready4OP App

(May. 18th, 2024)

We do not use gendered language for easier reading. To be specific our company stands for diversity, tolerance, and equality of all creatures.

1. Scope of application

1.1 The following Terms of Use in their most recent version and in combination with the Privacy Policy define the use of the Ready4OP App (Capreolos GmbH, Berner Str. 28, 60437 Frankfurt am Main) in the following referred to as -CAPREOLOS- or -App- and the use of the utilization of the offered services by CAPREOLOS.

1.2 The Terms of Use are exclusively valid.

2. Conclusion of Contract & Disclaimer

2.1 With consenting to the Terms of Use and all other applicable documents (Privacy Policy) the users conclude their contract with CAPREOLOS.

2.2 The users get an educational program that aggregates the best evidence for prehabilitation and empowering information to increase health literacy before surgical procedures for an individual patient. Doctors may use the app to increase their health literacy in patient-doctor interaction and knowledge about prehabilitation and lead a fruitful patient-doctor conversation before surgical procedures. The app aggregates evidence based textbook knowledge to inform patients and doctors. The app or its content is not meant to diagnose any conditions and does not give any treatment recommendation before surgical procedures but informs about critical aspects before surgery that remain difficult to find or remain frequently unconsidered in healthcare stakeholders and patients. It is not intended to give any medical advice or add to any medically established guideline-based or individual treatment pathway.

CAPREOLOS, its executive bodies, executives, employees, vicarious agents, partners, affiliates, and licensers assume no responsibility for whatsoever decisions made by you based on the information provided within this App, such as decisions as to whether or not consult caregivers or accept treatment by medical or healthcare professionals. You hereby waive all and any claims you have or may have in the future against CAPREOLOS and its executive bodies, executives, employees, vicarious agents, partners, affiliates, and licensors and herewith declare to hold the aforementioned harmless from claims, litigation, costs or for any direct or indirect damages arising in connection with the use of the information. This also applies to lost earnings.

2.3 By concluding the contract between CAPREOLOS and the users, they can use the app via a mobile network. The users get a basic free version (66% of content is free of charge). The users may have additional costs for in-app purchases that will not be covered or reimbursed by CAPREOLOS. The user is responsible for coverage of these additional costs.

2.5. The App requires a stable internet connection.

3. Subject of the contract

3.1 The Ready4OP App is a platform to provide you with educational content about your preoperative period before major surgery. It provides evidence-based information on prehabilitation, exercising, things you should bring to the appointment with your surgeons, questions you should ask a surgeon, nutritional education, anesthesia, complications, about a stay at a hospital and legal aspects and considerations that you should take when preparing for major surgery.

The app does not give any medical advice but aggregates evidence-based knowledge to increase health literacy in patients before major surgeries such as cancer resections in the abdomen, the thorax, the breast, or major surgeries such as bariatric surgery, or vascular surgery. Other indications may also profit from the information in easy language and general considerations before surgical procedures. The app can be used by patients older than 18 years that are awaiting major surgery and doctors treating such patients.

3.2 Information of the users will only be collected in a way that the patient is aware of their basic risk-data and can follow the time to the individual surgical procedure. CAPREOLOS does not store or track any of these data in a database or plan to analyze any of these data for its own or other purposes. Data will exclusively be stored on the individual device of the user and can be deleted at any timepoint of the use.

4. Costs associated with the App use

CAPREOLOS will charge amounts for packages of the educational app that are clearly outlined in the app and app store. A basic content (which equals 66% of the all over content) is free of charge. For the use of the full version your app store operator will exclusively process your payment details for handling your purchase. Your contact and payment data are not communicated to us. Please observe the data protection procedures and user regulations of your respective app store operator, Apple Store and Google Play Store.

5. Changes of the App

5.1 CAPREOLOS may update or change content, or the design of the App. CAPREOLOS may interrupt access to the App and the use of its functions permanently or for a limited amount of time.

6. Changes of the Terms of Use

6.2 CAPREOLOS will not store historical copies of the Terms of Use on their websites. The most recent version will be available as PDF link via the App and/or the websites of CAPREOLOS.

7. Copyright of the websites, the App, brands, and names

7.1 All rights of the websites, the App, especially the copyrights, brands, patents as well as all intellectual property including the rights of the name “Capreolos GmbH” and “Ready4OP” or derivatives that may lead to mix-ups remain with the CAPREOLOS and their license providers. Capreolos GmbH, The Prehab App and Ready4OP are registered brands in the European Union.

7.3 CAPREOLOS respects the copyrights of contents that were not generated by CAPREOLOS on their websites and the App. Contents of third parties will be marked accordingly. In case of copyright or brand violations on our websites or apps, we would appreciate a notification via hallo@capreolos.com. CAPREOLOS will take adequate measures accordingly.

8. Applicable law and place of jurisdiction

8.4 CAPREOLOS is not responsible or liable for damages on the computer systems of users, the loss of data or other disadvantages, that might occur when accessing the CAPREOLOS websites or the App.

9. Final provision

9.1 We are authorized to transfer our contractual rights and obligations to third parties. A transfer of the contractual rights of the users is excluded.

9.2 In case a single condition becomes ineffective, the other conditions will remain active and effective. Ineffective conditions will be replaced by acceptable conditions for both parties.

9.3 Place of jurisdiction is at the discretion of CAPREOLOS Germany or the country of the use of the App, but only if the app has been certified for the specific country.

9.4 The retrievable statements and information apply exclusively to the scope of the laws of the Federal Republic of Germany. The laws of the Federal Republic of Germany apply.