General terms and conditions of business and use Outcomes4Me Germany GmbH
1 General, scope of application
(1) These terms of use apply to all legal relationships
Outcomes4Me Germany GmbH,
c/o Cormoran GmbH
Am Zirkus 2
10117 Berlin
Germany
Email: support@mika.health
(hereinafter: “Provider”, “Outcomes4Me Germany GmbH”) towards the users of the Mika App (hereinafter: “App”). A user is anyone who downloads the app, registers and thus concludes a contract for use. The provider offers the app on the basis of these terms of use.
(2) Deviating user regulations do not apply unless the provider has expressly confirmed this in writing. Individual agreements always have priority.
(3) If these terms of use use personal terms in the masculine form, this form is used in a generalised way and refers to all genders. This should not reflect any preference or discrimination against any gender. The selected version serves solely to improve the clarity of the text and thus make its content easier to understand.
2 Functional scope of the app and application instructions
(1) The app is a program that is intended to support the alleviation of psychological and psychosomatic consequences of cancer diagnoses and therapies. The app and all of its components and functions support cancer patients who want to use the app to receive information, for example in the areas of nutrition, exercise, training, everyday tips or well-being.
(2) The aim of the app is to reduce symptoms of stress resulting from cancer diagnosis and therapy and thus increase the quality of life. To this end, the app offers a stress test and guides the user through guideline-compliant psycho-oncological interventions consisting of psychoeducation, relaxation techniques, strength and flexibility training as well as coping skills training using techniques from cognitive behavioural therapy (CBT), acceptance commitment therapy (ACT) and creative therapy. This resource-activating training improves health behaviour, stress management and illness coping. A personalized knowledge library offers further psychosocial and psycho-oncological support with the help of compact information on individual types of cancer, guidelines and supportive health behaviour.
(3) The app’s functionality includes a check-up. This allows the user to measure their load on a weekly basis and specify load areas. The user documents side effects of the therapy daily in a symptom diary with a graphical progression. By exporting the data, the symptom diary can be shared and discussed with the medical treatment team in order to adapt the medical drug therapy if necessary. So-called themed trips form the psycho-oncological coping skills training. It has a modular structure and includes application exercises to reduce stress. The app also offers layman-friendly, evidence-based and guideline-compliant information on individual cancer diagnoses, current treatment options, nutritional knowledge, recipes, tips for dealing with physical limitations and individual exercises for relaxation and exercise. In order to receive personalized information, the user can provide additional information about their age, gender, clinical picture, stage of the disease, diagnostic data, etc. The user can access all of their information in the app at any time.
(4) There are no medical contraindications to using the app according to ICD-10. However, it is important that the resource-activating training (movement exercises, as well as mindfulness, acceptance and relaxation exercises) is only carried out after consultation with the treatment team if there are restrictions (e.g. orthopaedic restrictions, postoperative restrictions, bone metastases, severe depression). In addition, physical training should be avoided, for example if you have fever, nausea, dizziness and acute bleeding.
(5) Further details about the scope of the app can be viewed on the provider’s website at https://de.mika.health. Questions about using the app can be sent to the provider’s German-speaking support team at any time by email to: support@mika.health.
3 Health information
(1) The health of users is very important to Outcomes4Me Germany. With the app, Outcomes4Me Germany offers cancer patients support to alleviate the psychological and psychosomatic consequences of diagnoses and therapies for malignancies.
(2) The app does not provide any diagnostic services and does not carry out any medical treatment. The medical information provided through the use of the app cannot replace a consultation with a doctor. Consultation with a doctor is always necessary for a diagnostic assessment and/or treatment of the symptoms.
4 Registration, usage requirements and duration
(1) Active use of the app is only possible after prior registration. Registration in the app is free. The user registers by opening a personal account with an email address. When registering, the user confirms that he has read these terms of use and agrees to the validity of these terms of use. The terms of use can be viewed, saved and printed in the app settings under “Legal information”.
(2) Use of the app also requires that the user has consented to the processing of their personal data, including their health data, when registering (Art. 9 Para. 2 lit. a GDPR).
(3) Registration is only permitted to users who are at least 18 years old. Minors are not allowed to register with the provider.
(4) Upon completion of the registration process, a contract for the use of the app (hereinafter: “usage contract”) is concluded between the provider and the respective user. Neither registration nor the use of the full range of products and services is possible without agreement to these terms of use.
(5) The app is currently compatible with operating systems from iOS version 16.0 and from Android version 10.0. Using the app requires an Apple App Store or Google Play Store account. The provider has no influence on the general terms and conditions that apply in the respective shop.
(6) In order to be able to use the app to its full extent, the user must continually update his software, such as the operating system of the respective device. If older or not commonly used software is used, the user may only be able to use the app’s services to a limited extent or not at all. Using the app requires a stable internet connection.
5 User’s behavioural obligations, exemption in the event of violations
(1) The user is obliged to provide truthfully and completely all information required to register, provide and use the functions of the app. If the data provided subsequently changes, the user is obliged to correct the information immediately.
(2) The user may only use the app content himself. The user undertakes to keep his access data to the app’s user account, including the partner code, secret, not to pass them on to third parties and to take the necessary measures to ensure the confidentiality of his access data. If the user suspects that their access data has been misused or lost, they must inform the provider immediately. The user is responsible for all activities that are carried out using his access and releases the provider from any third-party claims for damages, unless the user is not responsible for the misuse of his access data.
(3) The user is prohibited from registering multiple times, for another person or under a false identity. Each user may only have one app access. Transferring or passing on the access data, including the partner code, to a third party is not permitted.
(4) The user is prohibited from transferring mechanisms, software, content, materials or other data to the app that contain viruses or other programs that are likely to endanger or disrupt the functionality of the software or hardware. If the user culpably violates this obligation, he will compensate the provider for the resulting damage. In addition, the user releases the provider from any third-party claims for damages.
(5) The user may not take any measures that could result in an unreasonable or excessive load on the app’s infrastructure. The user is not permitted to block, overwrite or modify content generated by the provider or to interfere with the app in any other way.
(6) If the user culpably violates these obligations, he will compensate the resulting damage and release the provider from all claims for damages made by third parties against the provider. The user assumes the costs of any necessary legal defence of the provider, including all court and legal fees at the statutory rate.
(7) In the event of a claim by third parties, the user is obliged to immediately, truthfully and completely inform the provider of all information available to him that is necessary for an examination of the claims and a defence. Any further claims for damages by the provider against the user remain unaffected.
6 Warning; Blocking of the user account
(1) The provider reserves the right to take the following measures if there are concrete indications that a user is materially violating legal regulations, the rights of third parties or these terms of use, or if the provider has another legitimate interest, in particular to protect the other user:
- Warning of users
- Temporary, partial or permanent blocking of the user account
(2) The provider can in particular permanently exclude a user from active use of the app (final blocking) if they have provided incorrect contact details when registering, if they cause significant damage to other users or providers, if the app is used improperly or if there is any other material breach of these Terms of Use.
(3) As soon as a user has been temporarily or permanently blocked, he or she may no longer use the app with other user access and may not log in again.
7 System integrity and disruption of the app
(1) The provider endeavours to offer the app and its functionalities for access without interruption. However, the provider cannot rule out the possibility that unforeseen restrictions or restrictions on the digital offerings may arise that are beyond its control, in particular due to the actions of third parties, technical disruptions or force majeure. In these cases, the provider endeavours to make the app available again as quickly as possible.
(2) The provider can temporarily restrict access to its own services if the security of network operations, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data require this. The provider can also temporarily restrict the use of the app if this is necessary for maintenance purposes, data backup work or to carry out repairs and is reasonable for the user.
(3) The provider guarantees that a sudden failure of the power supply or internet connection does not lead to a loss of data. Users are not entitled to data recovery if they delete data themselves or if they do not have access to their data for a reason for which the provider is not responsible.
8 Property rights and rights of use
(1) The provider is the owner of the copyright and other intellectual property rights to the app and reserves all rights to the published content, such as information, texts, images, videos, graphics, algorithms and the database. Apart from the data that the user provides or transmits in connection with the use of the app, the remaining data is the property of the provider.
(2) The user is prohibited from removing copyright notices, product labels, trademarks and other legal reservations from downloaded content. All trademarks used in the app belong to their respective trademark owners.
(3) Subject to compliance with these Terms of Use, the Provider grants the User a limited, personal, revocable and non-transferable license to use the App and to display the content and materials provided by the App exclusively for personal use for private purposes. The contents of the app may not be used or reproduced for commercial purposes.
(4) Any distribution of the content outside the intended scope of functions of the app is prohibited without the express consent of the provider. The user is not permitted to alter, edit, copy, reproduce, create derivative works from, reverse engineer, modify, extend or in any way exploit the app or the associated content or materials.
9 Costs
(1) Downloading the app from the Apple App Store or the Google Play Store is free of charge for the user.
(2) Users can activate the app by creating an account. Entering the code is optional. Users with partner codes can enter the code and unlock the app.
10 Duration of use and termination
(1) The user can terminate his user contract at any time. The app offers a cancellation option in the settings under “Delete user account”. The personal usage data will be deleted within one week after receipt of the cancellation. You can register again at any time.
(2) The right to extraordinary, immediate termination for good cause remains unaffected.
11 Right of withdrawal for consumers
(1) A user who is a consumer within the meaning of Section 13 of the German Civil Code (BGB) can revoke his contractual declaration for paid contracts within 14 days without giving reasons, unless he has expressly agreed that the provider will start executing the contract before the end of the revocation period begins and confirms his knowledge that through his consent he loses his right of withdrawal from the start of the execution of the contract. In this case, his right of withdrawal expires.
(2) If the right of cancellation has not expired in accordance with paragraph 1 and unless otherwise provided by law, the cancellation period begins with the conclusion of the contract. To exercise the right of withdrawal, the consumer must inform the provider of the decision to withdraw from the user contract by means of a clear declaration. Further information on the right of withdrawal can be found in the provider’s cancellation policy.
12 Liability
(1) The provider is liable for damages that are based on an intentional or grossly negligent breach of duty by the provider or a legal representative or vicarious agent.
(2) Liability for breach of essential contractual obligations also remains unaffected. An essential contractual obligation exists for obligations whose fulfilment makes the proper execution of the contract possible in the first place or on whose compliance the user trusted or was allowed to rely. In the event of a slightly negligent violation of essential contractual obligations, liability is limited to the foreseeable damage typical of the contract. To the extent permitted by law, there is no liability for indirect or consequential damages.
(3) The above limitations of liability do not apply to negligent or intentional injury to life, body and health, to a defect after the assumption of a guarantee and to fraudulently concealed defects. Liability under the Product Liability Act remains unaffected.
(4) The use of the contents of the app does not constitute medical advice and does not replace going to the doctor. The provider does not guarantee that the app functionalities meet the individual needs of the user. This applies in particular if the user has provided incorrect or incomplete information about themselves or their health at the beginning or while using the app. The provider assumes no liability for damage to health that the user suffers due to improper execution of the app functionalities and/or due to recognized or unrecognized previous illnesses.
(5) The provider is not liable for damage to health or other errors in advice by the user’s treating doctor. The provider is not involved in the legal relationship between the user and the doctor.
(6) The app contains links to external content, which are clearly marked with a corresponding note. The provider is not liable for illegal content from third parties to which the app links. The provider is not involved in any legal relationship between the user and third-party providers.
(7) With the exception of cases prescribed by law, neither the provider nor the companies affiliated with the provider are liable for damages that may arise from the use of content made accessible by this app or other types of use of this offer. This also applies to damage caused by defective technology, viruses and harmful programs, unless the provider caused this through gross negligence or intent.
(8) Any further liability than described above is excluded. If the provider’s liability is excluded or limited, this also applies to the personal liability of the provider’s employees, representatives, vicarious agents and organs.
13 Data protection
The user’s personal data is collected and processed exclusively in compliance with the applicable legal data protection regulations. The regulations for handling personal data are contained in the separate data protection declaration in the app under “Settings”.
14 Changes to these terms of use
(1) The provider reserves the right to change and adapt these terms of use with effect for the future, in particular if this is necessary due to changes or additions to app functionalities or due to changed legal, official or technical requirements and taking the changes into account the user interests are reasonable in good faith.
(2) The user is informed about the changed terms of use via a pop-up window in the app. The user agrees to the changed terms of use by clicking on the confirmation button in the app.
15 Final provisions
(1) These terms of use are subject to the law of the Federal Republic of Germany. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence. The validity of UN purchasing law is excluded.
(2) The contract language is English.
(3) If a provision of these terms of use is ineffective, the effectiveness of the remaining provisions remains unaffected. The invalid provision is deemed to be replaced by one that comes closest to the meaning and purpose of the invalid provision in a legally effective manner. The same applies to possible regulation gaps.
(4) The place of jurisdiction is Berlin if providers and users are merchants, legal entities under public law or special funds under public law. The same applies if the user does not have a general place of jurisdiction in Germany or the place of residence or habitual residence is not known at the time the action is filed.
Status: 16.12.2025