General Terms and Conditions

nyra health GmbH – myReha App & nyra insights Platform

§ 1 Scope and Subject Matter of the Contract

1.1 Supplier

These General Terms and Conditions (hereinafter referred to as “GTC”) govern the contractual relationship between nyra health GmbH, Salzgries 19/3+4, 1010 Vienna, Austria, registered in the commercial register of the Vienna Commercial Court (hereinafter referred to as “nyra health” or “provider”), and the users of the digital therapy solutions (Section 1.3).

1.2 Scope of services

nyra health offers the following digital products:

Product	Description	Classification
myReha App	Mobile application (iOS/Android) for digital therapy for language and cognitive disorders following neurological events	Class I medical device according to EU Regulation 2017/745 (MDR)
nyra insights	Web-based therapy platform for healthcare professionals for telemedical care, therapy documentation, and real-time monitoring	–

1.3 User types

These Terms and Conditions apply to all of the following user types. Specific provisions for individual user types are set out in the respective sections:

User type	Description
Clinic user (B2B)	Rehabilitation clinics and their patients during inpatient or outpatient stays
DRV-user	Patients receiving digital follow-up care through the German Pension Insurance Fund
Insurance user	Patients whose costs are covered by statutory or private health insurance
Self payer	Private individuals who purchase the app independently via app stores
Healthcare Professionals	Therapists, physicians, and medical personnel with access to nyra insights

§ 2 Special provisions according to user type

2.1 Clinic user (B2B)

Rehabilitation clinics conclude a separate B2B license agreement with nyra health. The following also applies to patients of the clinic:

• Rehabilitation clinics can provide the myReha app to their patients as part of a B2B license model.
• Option A (active therapy support): If the clinic uses nyra insights for active therapy management, the clinic is the data controller. nyra health acts as a data processor in accordance with the “AVV” annex.
• Option B (pure license provision): If the clinic only provides access to the app without its own therapy management, nyra health is the data controller for patient data.
• The clinic staff creates patient profiles together with the patients. Access to the clinic dashboard is protected by an access code.
• The clinic is obliged to carry out a data protection impact assessment in accordance with Art. 35 GDPR before using the software, if necessary.

2.2 DRV-user (German Pension Insurance)

The following special conditions apply to patients receiving digital aftercare via the German Pension Insurance Fund:

• Use includes up to 36 therapy sessions (maximum of 2 per week) over a period of typically 6 months.
• Therapeutic care is provided via nyra insights by therapists from the clinic where the patient received prior treatment or by therapists employed by nyra health.
• Communication channels during aftercare: telephone, email, in-app chat, and chat via nyra insights.
• nyra health is responsible for data processing within the framework of DRV aftercare in accordance with data protection law, provided that care is provided by nyra health therapists.
• The costs are settled between nyra health and the discharging clinic.

2.3 Insurance users (private/public)

For patients whose costs are covered by health insurance, the following applies:

• Billing is handled directly between nyra health and the respective health insurance company on the basis of individual contracts.
• Patients provide their health insurance company and health insurance number when registering.
• nyra health is responsible for data processing in accordance with data protection laws in the context of providing services to the health insurance company.
• Data is only transferred to the health insurance company to the extent necessary for billing and with the patient's consent.

2.4 Self payer

For private individuals who purchase the app via the Apple App Store or Google Play Store, the following applies:

• nyra health is solely responsible for data protection in accordance with Art. 4 No. 7 GDPR.
• The subscription models in accordance with § 5 of these General Terms and Conditions apply.
• Therapeutic care is not part of the self-payer model.

2.5 Healthcare Professionals (nyra insights)

The following applies to therapists and healthcare professionals with access to nyra insights:

• Access is provided by the respective clinic or by nyra health.
• Healthcare Professionals are bound to confidentiality and compliance with professional confidentiality obligations.
• The use of nyra insights for purposes other than those contractually agreed is prohibited.

§ 3 Registration and conclusion of contract

3.1 Registration

Registration is required to use the myReha app and nyra insights. Truthful information must be provided during registration. The user is obliged to treat their access data confidentially and to protect it from access by third parties.

3.2 Legal capacity

Independent registration requires legal age and full legal capacity. Minors or persons without full legal capacity can only be registered by their legal representative.

3.3 Contract

The contract is concluded:

User type	Conclusion of contract by
Self payer	Confirmation of subscription in the respective app store
Clinic user	Creation of patient profiles by therapist
DRV-user	Activation by the treating clinic or nyra health
Insurance user	Successful verification of insurance eligibility

§ 4 Data processing and data protection

4.1 Data collected

The following categories of data are processed in the context of use:

Data category	Scope
Registration data	Name, date of birth, gender, email address, country
Insurance data	Name of health insurance company, health insurance number (if applicable)
Health data	Diagnoses, pre-existing conditions, medication, risk factors, self-assessments of health status
Activity data	Processing time, error rates, response times, adherence to therapy
Voice recordings	Audio files for articulation, word retrieval, and sentence formation exercises

4.2 Special notes on voice recordings

Voice recordings are made during certain exercises. These recordings:

• are used exclusively for the analysis and improvement of therapy
• are stored and transmitted in encrypted form
• can be viewed by the attending specialist staff via nyra insights
• are deleted after completion of therapy in accordance with the statutory retention periods

4.3 Responsibility under data protection law

Responsibility under data protection law is based on the respective user type in accordance with § 2 of these General Terms and Conditions. Details on data processing are regulated in the separate privacy policy.

§ 5 Prices, subscriptions, and payment (Self-Payers)

5.1 Subscription models

The following subscription terms are available for self-payers:

Duration	Note
1 month	The current prices can be viewed in the respective app stores. All prices include the applicable statutory sales tax.
3 months
6 months

5.2 Automatic renewal

The initial term is automatically extended by the originally selected period unless the user cancels the subscription at least 24 hours before the end of the current term. Consumers are expressly informed of the legal consequences of their actions at the beginning of this period. Cancellation is carried out via the subscription management of the respective app store.

5.3 Payment processing

Payment is processed via the respective app store provider (Apple/Google). Payment is due in advance for the respective term. Vouchers and activation codes can be redeemed during the ordering process.

§ 6 Availability and Service Level

6.1 Availability

nyra health endeavors to provide the myReha app and nyra insights with an average annual availability of 99%. Exceptions to this are:

• Scheduled maintenance work, which will be announced at least 48 hours in advance.
• Disruptions beyond the control of nyra health (force majeure, disruptions affecting the user or third parties).
• Emergency maintenance to fix security-related problems.

6.2 Support

Technical support is available by email at support@nyra.health. Requests are usually processed within 2 business days.

§ 7 Rights of use and intellectual property

7.1 License

For the duration of the contractual relationship, the user receives a simple, non-transferable, non-sublicensable right of use for personal use of the content within the app or platform. The license can be used on multiple end devices belonging to the user, provided that these are connected to the user's account.

7.2 Copyright

The myReha app, nyra insights, and all content contained therein, including graphic, audio, and text elements, are protected by copyright. Any reproduction, editing, distribution, or other use outside the limits of copyright law is prohibited without the consent of nyra health.

§ 8 Medical device and disclaimer

8.1 Medical device status

The myReha app is a Class I medical device in accordance with EU Regulation 2017/745 (MDR). The app is CE marked and complies with the applicable regulatory requirements.

8.2 No substitute for medical treatment

The myReha app and nyra insights are not a substitute for a medical examination or medical or health advice. The provision of such services is therefore expressly excluded. Users are urged to consult qualified professionals if they have any medical questions and are solely responsible for doing so.

8.3 Limitation of liability

nyra health is not liable for the therapeutic success of using the products. In addition, the following applies:

• nyra health is liable without limitation for damages resulting from injury to life, limb, or health.
• nyra health is only liable for other damages in cases of intent and gross negligence.
• Liability under the applicable product liability law remains unaffected.
• The following also applies to entrepreneurs: Liability is limited to foreseeable damage typical for this type of contract. Compensation for indirect damage, consequential damage, or lost profits is excluded.

§ 9 Warranty

For consumers, the statutory warranty rights of their country of habitual residence apply.

For entrepreneurs, the warranty period is twelve months from the conclusion of the contract. Obvious defects must be reported in writing immediately, at the latest within two weeks of becoming aware of them. Otherwise, all warranty remedies of the entrepreneur are excluded.

§ 10 Termination and contract termination

10.1 Ordinary termination

The subscription can be terminated by the user at any time with effect from the end of the current billing period. Notice of termination must be given at least 24 hours before the end of the current term.

10.2 Extraordinary termination

The right to extraordinary termination for good cause and with immediate effect remains unaffected for both contracting parties. Good cause shall be deemed to exist in particular in the event of:

• Serious violations of these GTC
• Misuse of the products or access data
• Delayed payment by the user despite a reminder

10.3 Consequences of termination

Upon termination of the contract, all rights of use expire. The user may request the release of their data in a common format prior to termination of the contract. The data will be deleted after expiry of the statutory retention periods.

§ 11 Changes to the Terms of Use

nyra health reserves the right to amend these Terms and Conditions, provided this is reasonable for the user. The user will be notified of any amendments in writing at least four weeks before they come into effect. If the user does not object to the amendments within four weeks of receiving notification, the amendments shall be deemed to have been accepted. The right to object and the legal consequences of silence will be specifically pointed out in the notification of amendment.

§ 12 Applicable law and place of jurisdiction

The law of the Republic of Austria applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and the referral provisions of international private law. Mandatory consumer protection provisions of the country of the consumer's habitual residence remain unaffected.

For consumers, the legal jurisdiction of their place of residence applies. For all legal disputes with entrepreneurs, the exclusive place of jurisdiction is the registered office of nyra health in Vienna.

§ 13 Final note

Should any provision of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose of the invalid provision.

Amendments and additions to these General Terms and Conditions must be made in writing. This also applies to any amendment to this written form requirement.

§ 14 Contact

nyra health GmbH
Salzgries 19/3+4
1010 Vienna, Austria
E-Mail: info@nyra.health
Website: https://www.nyra.health