1. Preamble

These General Terms and Conditions (hereinafter referred to as "Moca T&C") govern the relationship between Moca Health GmbH and a user.

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By using the services of Moca, the user agrees to comply with the Moca T&C and all related documents and policies referred to herein. The T&C apply regardless of the country in which the user has their registered office.

 

2. Definitions:

"Moca" refers to Moca Health GmbH, which offers digital platforms and tools for therapy support.

 

"myoncare Platform" refers to the technology developed by ONCARE GmbH, on which Moca's services are based or through which Moca provides its own services.

 

"myoncare App" means the mobile myoncare application made available by ONCARE for use by patients or staff.

 

"Practice/Practices" refers to the doctors and medical practices that are contractually connected with Moca and prescribe the digital therapy programs to their patients.

 

"User" refers to the medical professionals/practices and patients who use the services of Moca.

 

"Patients" refers to natural persons who receive medical services and are cared for by the practices that are contract partners of Moca Health GmbH. This includes individuals who are receiving active or planned therapeutic measures and whose data are processed through the myoncare platform.

 

"Parties" refers to Moca Health GmbH and the practices or any other contractual partner who enters into legally binding agreements with Moca Health GmbH according to the provisions of the Moca T&C.

 

3. Scope of Services

 

3.1. General

Moca offers digital therapy support programs, which Moca provides to patients through contractually bound practices. These programs include the provision of medical content, movement therapies, medical questionnaires, and generally tools that can be used to monitor, care for, and support patient therapies (the "Moca Services" or "Services"). These services include, but are not limited to: software applications, data storage, analysis tools, and personalized user interactions.

 

3.2. Use of the myoncare Platform

The provision of these therapy support services is carried out via the myoncare platform, developed by ONCARE GmbH. All data used by Moca in the course of the services are collected through the myoncare platform, but are owned by Moca. Users of Moca's services agree that their data will be collected and processed by the myoncare technology. At the same time, the General Terms and Conditions of ONCARE GmbH apply when using the myoncare platform and thus when using the Moca Services. Users must accept these before first using the myoncare platform. Completion of the registration process is not possible without the user's consent to the terms of use of ONCARE GmbH.

 

4. Registration and Contract Conclusion

 

4.1. Registration Process

To register for the myoncare App, users need an invitation with the necessary information to complete the registration process. By registering, the user declares their binding consent to accept the Moca T&C. With the registration of the user and the creation of a user account, a contractual relationship between the parties is established.

 

4.2. License Agreement Practices

With the activation of the practice's account, Moca grants the practice a limited, non-exclusive, non-transferable, non-licensable right to use the software and services of Moca. This use is limited to the professional context and serves to support therapy.

 

5. Rights and Obligations

 

5.1. General Obligations

The user commits to using the services only for the intended purposes and in accordance with legal provisions. Misuse, especially to impair the rights of third parties or to disrupt the functionality of the services, is prohibited.

 

5.2. Confidentiality

Moca Health GmbH and the practice commit to maintaining the confidentiality of all information exchanged within the framework of the contractual relationship. This includes all medical and personal data processed in connection with the services offered. Both parties ensure that access to this information is granted only to authorized personnel and that appropriate technical and organizational measures are taken to protect this data from unauthorized access, loss, or destruction.

 

5.3. Obligations of the Practice

The practice commits to using Moca's services exclusively according to the contractually agreed conditions and solely for the purposes of digital therapy support. The practice guarantees that it has obtained all necessary consents from the affected patients before processing their data within the services. Additionally, the practice is responsible for taking all necessary measures to ensure compliance with data protection regulations when using the services.

 

5.4. Rights of the Practice

The practice has the right to access and use the services provided by Moca Health GmbH under the contractually agreed conditions. This includes access to updates and support for the platforms and tools used. The practice also has the right to demand transparency from Moca Health GmbH regarding the processing and security of its data and, if necessary, to request corresponding proofs.

 

5.5. Obligations of Moca

Provision and Maintenance of Services: Moca commits to continuously providing and maintaining the services. This includes regular updates of the content to ensure functionality, comprehensibility, and accuracy of the information and therapy programs.

 

Support and Training: Moca provides appropriate technical support to the practice to ensure efficient use of the offered services. This includes the provision of training materials and possibly conducting training sessions to ensure that the users of the practice are familiar with the functions and correct use of the platform.

 

Transparency and Reporting: Moca is obligated to continuously inform users about the therapy progress of patients. This includes providing detailed reports on the data and health statuses of the patients.

 

Compliance with Legal Regulations: Moca is obligated to comply with all relevant legal, regulatory, and ethical standards and regulations that apply to the provision of digital health services in the respective deployment areas. This includes ongoing monitoring of changes in the legal framework and adjusting the services to new legal requirements.

 

6. Billing and Termination Conditions

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6.1. Compensation

The use of Moca's services is chargeable unless otherwise agreed. The specific fees and payment terms are communicated transparently and are part of the contract between Moca and the user. Moca reserves the right to make changes to the fee structures, which are communicated to the users before they take effect.

 

6.2. Transmission of Billing Data

Moca transmits the billing data on a monthly basis to the practice.

 

6.3. Termination by Practice

Contracts can be terminated at any time with a notice period of three months to the end of the month. The termination must be submitted in writing or text form.

 

6.4. Termination by Patients User Account

Patients can terminate their account at any time by withdrawing their consent in writing and uninstalling and deleting the myoncare app from their smartphone. After termination of the account, patients lose any access to the myoncare app.

 

7. Data Protection

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7.1. General Data Protection Provisions

Moca commits to complying with the General Data Protection Regulation (GDPR). Specific details on order data processing, including the processing objectives, are described in detail in the privacy policy on Moca's website. Moca ensures the protection and confidentiality of data, particularly medical and personal data, in accordance with the highest security standards.

 

7.2. Purpose of Data Processing

The processing of personal data by Moca is carried out exclusively for fulfilling the purposes mentioned under the services in section 3.1.

 

7.3. Type of Data

Moca processes the following categories of personal data that are necessary for carrying out therapy support:

 

• Identification Data: Basic personal data and unique identifiers (UUIDs) for patients, institutions, and assets.

• Communication Data: Phone numbers and email addresses.

• Medical and Nursing Data: Medical history, findings, diagnoses, and information on vital parameters, therapy, and nursing documentation.​

• Research Data: Data from clinical treatments and studies.

• Location and Access Data: IP addresses and geolocation data.

• Contract and Transaction Data: Information about contractual relationships, billing and payment data, and planning and control data.

• Third-Party Information: Information obtained from third parties such as credit agencies or from public directories.

 

7.4. Categories of Affected Persons

The data processing affects the following groups:

• Practices according to contractual agreements.

• Patients.

• Study participants (if applicable).

• Employees/staff of the practices.

 

7.5. Location of Data Processing

The provision of the contractually agreed data processing takes place exclusively in a member state of the European Union or in another contracting state of the Agreement on the European Economic Area unless otherwise agreed between the parties.

 

7.6. Subcontracting Relationships

Moca is authorized to commission further subcontractors (general approval).

Subcontracting relationships refer to services that are directly necessary for the provision of the contractually agreed service. Excluded are ancillary services such as telecommunications services, postal and transport services, or the disposal of data carriers that serve to ensure the confidentiality, availability, integrity, and resilience of systems. Moca commits to taking appropriate contractual agreements and control measures to protect the practice's data even in outsourced ancillary services.

 

8. Commercial Data Use

 

8.1. Ownership and Use of Data

Moca reserves ownership of all data collected through the myoncare platform. These data include, but are not limited to, the types of data mentioned in point 7.3.

 

8.2. Anonymized Data Transfer

Moca processes the personal patient data in an anonymized form to analyze and compile comprehensive scientific reports to improve products, treatments, and scientific outcomes. Moca uses the anonymized or aggregated patient data for commercial purposes, such as improving existing therapies and developing new services. These data can be sold or licensed to third parties for research and development purposes.

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9. Liability and Warranty

Moca is only liable for losses, damages, or injuries caused by intentional or gross negligence by Moca. Except in cases of intent or violation of essential contractual obligations or injury to life or health, as well as liability under the Product Liability Act, Moca is not liable for indirect or consequential damages. In particular, Moca does not assume liability for the accuracy, (medical) precision, or reliability of content posted, shared, or recommended by third parties (e.g., providers of pharmaceuticals or medical products). The user accepts that any reliance on material published by third parties is at the user's own risk.

 

Essential contractual obligations are obligations that the contract imposes on Moca according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance of which the user may regularly rely. Otherwise, liability of Moca is excluded.

 

The practice indemnifies Moca from any claims by third parties that are asserted against Moca due to violations by the user of these contractual conditions or applicable law.

 

For liability due to violations of data protection provisions, the legal regulations apply unless a different liability agreement has been made in the contract documents applicable to the contractually agreed services.

 

10. Final Provisions

 

10.1. General

Changes to the Moca T&C require written form. Ineffective provisions do not affect the validity of the remaining provisions. In place of the ineffective provision, a regulation is agreed upon that comes closest to the originally intended purpose if the parties had considered the ineffectiveness or unenforceability.

 

These amended Moca T&C take effect immediately and are available on the Moca website and provided during registration.

In case of interpretation questions or disputes, only the German version of the General Terms and Conditions is binding and authoritative.

 

10.2. Contract Changes

Any change or amendment to contractual agreements requires written or text form, however digitally signed. A waiver of the written form must be agreed upon in writing.

 

The parties agree to the application of German law excluding the UN Sales Convention and the conflict of laws rules. The jurisdiction for both parties is the location of Moca, Germany.

 

If individual provisions of the contractual agreements are wholly or partially invalid or unenforceable, the validity of the remaining provisions is not affected. In this case, the parties will mutually agree on a new regulation or amendment to the existing regulation that replaces or supplements the invalid or unenforceable regulation in a manner that comes closest to the originally intended regulation by the parties had they considered the invalidity or unenforceability. This also applies to regulatory gaps.

 

No oral side agreements to contractual agreements or to the subjects regulated by the contract were made. Any existing prior oral agreements are nullified with the conclusion of contractual agreements.

 

Last updated on March 14, 2025.