Terms of Use
Please read these Terms of Use carefully before using the SYMPTOLOG App.
1) Provider and Scope
1.1 These Terms of Use apply to the use of the SYMPTOLOG App for Android, iOS and Windows (“SYMPTOLOG” or the “App”). Section 9 additionally applies to the SYMPTOLOG Website.
1.2 The provider is Sascha Albrecht, trading as NIGHTFROST Software, Marienburger Str. 41, 38642 Goslar, Germany, telephone: +49 5321 7469115, email: kontakt@symptolog.eu (hereinafter the “Provider”, “we”, “us” or “our”).
1.3 When you first launch the App, you will be asked to agree to these Terms of Use. You may view and save the Terms of Use at any time in the App and on the Website. You may not use the App without agreeing to these Terms of Use.
1.4 These Terms of Use apply to all users of the App, regardless of the device, operating system or app store through which they access the App.
2) Purpose and Permitted Use
2.1 SYMPTOLOG helps users document, organise and display for their own review information they enter about symptoms, well-being and related everyday factors.
2.2 The App may be used for private purposes. It may also be used by professionals, such as doctors, psychologists, therapists or coaches, as a personal documentation and organisational tool. However, SYMPTOLOG is not intended to serve as a basis for diagnostic or therapeutic decisions. Each professional remains solely responsible for complying with their own duties of assessment, documentation, disclosure and professional care.
2.3 Where SYMPTOLOG provides summaries, charts, statistics, reminders, reports or exports, these are intended exclusively for organisation, documentation and self-observation. They do not constitute a professional assessment or instructions for action.
3) No Medical Advice and Not a Medical Device
3.1 According to the intended purpose defined by the Provider, SYMPTOLOG is a tool for documentation, organisation and personal self-observation. SYMPTOLOG is not provided as a medical device or a prescription digital health application and is not intended to detect, diagnose, prevent, predict, monitor, treat or alleviate diseases or injuries.
3.2 SYMPTOLOG does not provide medical, psychological, psychotherapeutic, pharmaceutical or other healthcare advice. In particular, the App does not provide diagnoses, prognoses or individual treatment recommendations.
3.3 The App merely arranges the data entered or imported by you in graphical and tabular form and does not evaluate it medically. Where the App displays trends, frequencies or the timing of entries, this does not establish a cause-and-effect relationship or a medically verified finding. The displays may be incomplete, inaccurate or misleading and must not be used as the sole basis for health-related decisions.
3.4 Reminder and organisational features, particularly medication reminders, do not replace a treatment plan prescribed by a doctor, patient information leaflets, dosage instructions or personal instructions from healthcare professionals. Users must not rely solely on SYMPTOLOG for the correct or timely use of medication and must independently verify when medication is to be taken. Notifications or reminders may be delayed, displayed more than once, incomplete or not displayed at all, particularly because of a technical error, a device that is switched off or unavailable, missing permissions, disabled notifications, power-saving or battery-optimisation settings, operating-system restrictions or an outdated version of the App.
3.5 Have any health concerns, new or worsening symptoms, and questions about diagnoses, medication or treatment assessed by a qualified healthcare professional. Medical advice must not be ignored or delayed because of information or displays provided by SYMPTOLOG.
4) Emergencies and Critical Situations
4.1 SYMPTOLOG has not been developed for emergency communication or the medical monitoring of acutely dangerous or life-threatening conditions.
4.2 In particular, do not use the App to make an emergency call, reliably detect an acute deterioration, monitor vital signs or replace emergency medical services or emergency care.
4.3 If there are signs of a medical emergency, if you experience severe symptoms or if urgent assistance is required, do not rely on the App or wait for a notification or evaluation. In Germany, immediately call the emergency number 112 or contact an appropriate emergency medical service. Outside Germany, use the applicable local emergency number.
5) Duties and Responsibilities of Users
5.1 You are responsible for the data you enter, import, export or share, for its accuracy and for any conclusions you draw from it.
5.2 Data relating to other persons may be processed only where there is an adequate legal basis or the required consent. This applies particularly to professional use. When using the App professionally, you are responsible for complying with your professional and data-protection obligations. Where data is stored exclusively locally on your device, we have no access to that data.
5.3 You are responsible for adequately protecting your device, connected accounts, passwords, export files and backups against loss and unauthorised access.
5.4 SYMPTOLOG must not be used unlawfully, improperly or in any manner that interferes with the operation, security or availability of the services or infringes the rights of third parties.
5.5 The App is intended exclusively for persons aged 18 or over. Minors may not use the App.
6) Local Storage, Exports and Cloud Backups
6.1 Personal health and symptom data is generally stored locally on the user’s device. Such data is not transferred to external services unless you initiate an action or activate a corresponding feature.
6.2 When you share data, create reports or export files, or connect a cloud service, you determine the recipient, destination and scope of the transfer. Following the transfer, the data may be subject to the terms and privacy policies of the selected recipient or third-party provider.
6.3 The App may store backups with supported cloud services, such as Google Drive. A cloud backup requires you to actively select and connect the relevant service.
6.4 If you enable automatic backups, they will be created at the intervals selected by you or offered by the technical system. You may disable the feature at any time. Whether a backup is stored completely or can subsequently be restored also depends on the device, account, internet access and third-party provider used.
6.5 You are responsible for regularly exporting important data or securing it by other appropriate means, storing backups securely and verifying that they can be restored. We do not warrant that locally stored data, exports or cloud backups will remain available, complete or recoverable at all times. Data may be lost in particular because of device defects, loss or replacement of the device, uninstallation, operating-system or App updates, insufficient storage space, user error, corrupted files or disruptions affecting a third-party service. Further details about the processing of personal data are provided in the Privacy Policy.
7) Location, Weather and Third-Party Data
7.1 For any weather features offered, the App may use a location entered manually, such as a postal code, or location data after the relevant device permission has been granted. For this purpose, the specified location or location data may be transmitted to the relevant weather service. Further details are provided in the Privacy Policy. The relevant feature may be unavailable without the required entry or permission.
7.2 Weather, location and other data from external providers may be delayed, incomplete or inaccurate. Such data is provided exclusively as supplementary information and must not be used for safety-critical or medical decisions.
7.3 The terms of the relevant third-party providers additionally apply to connected cloud, platform, weather or app-store services. We have limited or no control over their operation, availability or data processing.
8) Permissions, Devices and Technical Requirements
8.1 The App requests permissions only in connection with the features for which they are required. If a required permission is not granted or is subsequently withdrawn, the corresponding feature may be restricted or unavailable.
8.2 Functionality may depend on the device, operating system, system configuration, available storage, internet connection and third-party software used. Not every feature is necessarily available on every device or version of an operating system.
8.3 Users are responsible for the security and current state of their devices, including device PINs, biometric locks and other protective measures.
9) Website
9.1 The Website provides general information about SYMPTOLOG. Use of the Website does not establish a contractual relationship concerning the App. The Website is not intended for entering, storing or transmitting personal health data.
9.2 App features such as symptom documentation, local data storage, backups or location processing are available exclusively within the App, where offered.
10) Rights in Content and Software
10.1 The App, the Website and the content provided, including texts, questionnaires, structures, evaluation displays, designs, logos and graphics, are protected by copyright, trademark and other intellectual property rights.
10.2 For the duration of permitted use, you are granted a limited, non-exclusive, non-transferable and non-sublicensable right to use SYMPTOLOG for the private or internal professional purposes described in these Terms of Use.
10.3 Without prior express consent, you may not, in particular, reproduce or publish SYMPTOLOG or substantial content, grant sublicences, systematically extract content, commercially exploit it as a standalone product or circumvent technical protection measures. Mandatory statutory rights, including legally permitted acts for the purposes of interoperability or error correction, remain unaffected.
11) Costs
11.1 Use of the App is free of charge unless expressly stated otherwise in the App or the relevant app store. You are responsible for the costs of your device, internet connection and third-party services, such as cloud storage.
11.2 If paid features are offered, the price, term, renewal arrangements, cancellation options and any right of withdrawal will be displayed separately before purchase. Billing may be processed through the relevant app store, whose terms additionally apply.
12) Scope of Services, Availability and Warranty
12.1 SYMPTOLOG is provided in its currently available technical form. Unless expressly agreed otherwise, we do not warrant that the App:
- will operate without errors or interruptions at all times or function without restriction on every device,
- will meet particular personal requirements, expectations or purposes, or
- will always generate complete, accurate or reliable summaries, statistics or trends from entered or imported data.
12.2 You use and assess the information displayed at your own responsibility. You should consult a qualified healthcare professional regarding health-related questions or decisions.
12.3 Maintenance, security measures, technical disruptions and changes to operating systems or third-party services may temporarily or permanently affect individual features.
12.4 We may modify, supplement or discontinue features where there is an objective reason to do so, such as technical development, security, changes in law or the discontinuation of a third-party service, and provided that the change is reasonable for users. We will inform you of material changes in good time and by appropriate means, for example within the App. Changes will not result in additional costs for you.
12.5 Mandatory statutory warranty and consumer rights, particularly statutory rights relating to the supply of digital products, remain unaffected.
13) Liability
13.1 The limitations of liability in this Section do not apply to intentional or grossly negligent conduct by us or by persons whose conduct is legally attributable to us. They also do not apply to loss or damage arising from death, personal injury or harm to health caused by fault, to defects fraudulently concealed by us, to the extent of any warranty expressly given by us, or in cases of mandatory statutory liability.
13.2 Where loss or damage results from a slightly negligent breach of duty, we will be liable only if an essential contractual obligation has been breached. In such a case, liability is limited to the loss or damage that was foreseeable at the time the contract was entered into as a typical consequence of the breach. Essential contractual obligations are obligations whose performance is necessary to enable the proper use of the App and on whose performance users may ordinarily rely.
13.3 Liability for loss or damage resulting from a slightly negligent breach of any other obligation is excluded.
13.4 Where we are liable for a loss of data under the preceding provisions, the recoverable cost of restoring the data will, except in the cases specified in Section 13.1, be limited to the cost that would also have been required if appropriate and regular backups had been made. The responsibility for data backups set out in Section 6.5 remains unaffected.
13.5 To the extent that liability is excluded or limited under this Section, the exclusion or limitation also applies for the benefit of our legal representatives, employees and vicarious agents. Mandatory statutory claims and liability provisions remain unaffected.
14) Changes to These Terms of Use
14.1 We may amend these Terms of Use with effect for the future where there is an objective reason to do so, particularly because of changes in the law, case law, App features or technical processes.
14.2 Changes that restrict your rights or expand your obligations will become effective only with your consent. We will inform you of such changes in advance by appropriate means, for example within the App, and obtain your consent separately. Purely editorial changes and changes that are exclusively beneficial to you do not require your consent.
14.3 If you do not agree to a change requiring consent, the previous Terms of Use will continue to apply. In that case, we may make continued use of modified or new features conditional upon your acceptance of the updated Terms of Use.
15) Ending Use of the App
15.1 You may stop using and uninstall the App at any time. Before uninstalling it, you should independently export or back up any data you still require.
15.2 In the event of serious or repeated violations of these Terms of Use, we may restrict or terminate access to affected features to the extent permitted by law.
16) Governing Law
16.1 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
16.2 For consumers, this choice of law applies only to the extent that it does not deprive them of the protection afforded by mandatory provisions of the country in which they have their habitual residence.
17) Consumer Dispute Resolution
We are neither willing nor obliged to participate in dispute-resolution proceedings before a consumer arbitration body.
18) Final Provisions
If any provision of these Terms of Use is or becomes wholly or partially invalid, the validity of the remaining provisions will remain unaffected. The applicable statutory provision will apply in place of the invalid provision.