Version of 24.02.2022
The Manoa app is marketed and operated by Pathmate Technologies AG, Josefstr. 219, 8005 Zurich, Switzerland and Pathmate Technologies GmbH, Julius-Hatry-Str. 1, 68163 Mannheim, Germany (hereinafter: Pathmate/we).
The Pathmate Coach is a smartphone application (app) that supports people with the prevention and management of high blood pressure, type 2 diabetes and sleep problems in everyday life and motivates them to reduce influenceable risk factors. The app supports the correct documentation of relevant data (e.g. blood pressure, blood sugar, sleep), calculates average values and provides feedback and recommendations for action based on the current state of scientific knowledge and medical guidelines. The app also uses risk calculators and self-tests to inform users about their personal risk profile and to motivate them to take appropriate action. Users are shown how to make lifestyle changes in the areas of nutrition, exercise and relaxation and are guided through the process.
However, the services provided by Pathmate do not constitute medical advice. They are not intended as a substitute for an examination or treatment by a doctor or therapist.
Pathmate is entitled at any time to change the functionality and design of the Manoa app.
If individual provisions of these terms are or become invalid, the validity of the other provisions shall not be affected.
2 Provision of the app
Use requires the download and successful installation of the app from the Apple App Store or Google Play Store. To download the Manoa app, users must agree to the terms of the relevant store.
All natural persons over the age of 18 are entitled to use the Manoa app. The instructions list further criteria for using the app that must be observed.
3 Rights of use to information, software and documentation
Pathmate grants the user non-exclusive and non-transferable rights to use the information, software and documentation made available in the Manoa app to the extent agreed or, in the event of no such agreement, in a manner consistent with the purpose intended by Pathmate in the act of providing and making this information, software and documentation available.
Users may not at any time sell, lease or otherwise make available to third parties the information, software or documentation. The information, software and documentation are protected both by copyright laws and other laws and agreements pertaining to intellectual property. Users are obliged to observe these rights.
The company assumes no liability for archived health data.
4 Intellectual property
Information, brand names, design and other content of the Manoa app may not be modified, copied, duplicated, sold, leased, traded, used, supplemented or otherwise exploited without the prior written consent of Pathmate.
If the user posts ideas and suggestions on the app, Pathmate is entitled to use these free of charge for the purpose of developing, improving and selling products in its portfolio.
5 User obligations
The user must read the instructions provided in the Manoa app.
When using the Manoa app, users must not
- contravene the rules of good conduct;
- infringe industrial property rights, copyrights or other property rights;
- transmit content containing viruses, Trojans or other programs that can damage the software;
- use the Manoa app for commercial purposes;
- manipulate functions and content of the Manoa App and any data entered.
If a user breaches these terms, Pathmate reserves the right to claim for compensation for any damage incurred by it and to initiate legal action.
Pathmate recommends that app users implement the necessary security measures (e.g. password protection, up-to-date virus protection) on their mobile devices. Users shall bear the risks resulting from manipulation of their mobile terminal device due to misuse of their mobile terminal device or in the context of data transmission.
The Manoa app may contain hyperlinks to third-party websites. Pathmate assumes no liability for the content of these websites, nor is it responsible for the content and information made available there. Use of such websites is at the user’s own risk.
7 Use of the Manoa app
The Manoa app contains various content relating to health, exercise and similar topics for information purposes. It does not replace personal consultations, support or treatment by experts. The Manoa app does not indicate to the user when a visit to the doctor would be necessary.
If you suffer from a medical or heart condition, please consult a doctor before using the Manoa app, taking part in a training programme or changing your diet. In case of a medical emergency, please contact a doctor or medical professional. For specific questions on treatment and care or in case of ill health, please contact your doctor or a medical expert.
Use of the Manoa app and compliance with the recommendations for action without consulting a healthcare professional is at the user’s own responsibility and exclusively at their own risk.
Users can report errors and defects in the Manoa app to firstname.lastname@example.org.
The information provided by the Manoa app is carefully checked and provided in accordance with the current state of knowledge. Use of the Manoa app and compliance with the recommendations for action without consulting a healthcare professional is at the user’s own responsibility and exclusively at their own risk. For specific questions on treatment and care or in case of ill health, please contact your doctor or a medical expert.
To the extent permitted by law, Pathmate assumes no liability for material defects and defects of title. Furthermore, any liability of Pathmate, particularly for consequential damage, is excluded, unless liability is compulsory by reason of deliberate intent, gross negligence, injury to life, body or health, the assumption of a guarantee of quality, fraudulent concealment of a defect, or violation of material contractual obligations. However, damages for the violation of material contractual obligations are limited to typical, foreseeable contractual damages, except in cases of deliberate intent or gross negligence.
9 Final provisions
Pathmate reserves the right to make changes to the Manoa app or to discontinue it at any time and without prior notice. Likewise, Pathmate reserves the right to change these terms at any time. Changes will be indicated appropriately and the consent of users sought.
All questions and disputes in connection with the Manoa app are subject exclusively to Swiss law with the express exclusion of any conflict-of-law provisions. Mandatory provisions concerning conflict-of-law rules remain unaffected. Sole jurisdiction is Zurich; compulsory places of jurisdiction remain reserved.
Pathmate Technologies AG
Pathmate Technologies GmbH
The app is based on the “Pathmate Coach”, which is registered as a class 1 medical device.