Terms of Use

General Information

Product Name: LINDERA Mobility Analysis App

Manufacturer: Lindera GmbH
Address: Modersohnstr. 34, 10245 Berlin, Germany
Contact: hello@lindera.de | +49 (0)30 120 642 57
Website: https://lindera.de

Scope of Application

These terms of use apply to use of the LINDERA Mobility Analysis App by:

• Care recipients
• Family members of care recipients
• Healthcare professionals in ambulatory care

App's Intended Purpose

The LINDERA Mobility Analysis App is a medical device for identifying and reducing individual fall risk factors in persons requiring care. It is intended for persons aged 60 and above with increased fall risk or limited mobility.

The app analyzes gait parameters using artificial intelligence and digital questionnaires. It is suitable for users who can walk a distance of at least three meters with or without assistance. The application's goal is to reduce falls and maintain users' mobility long-term.

Further information about the intended purpose is available at: Intended Purpose.

Usage Rights and Restrictions

The LINDERA Mobility Analysis App may only be used for its intended purpose according to its intended use.

• Sharing the app or associated usage rights with third parties is prohibited and may result in account suspension.
• It is prohibited to modify, copy, decompile, or use the app for purposes other than intended.

User Obligations

The application is designed for independent use by care recipients, but family caregivers or healthcare professionals should provide support, particularly during mobility analysis and implementation of recommended measures. Users are obligated to enter all necessary information completely and accurately into the app.

Healthcare professionals or family members should ensure the app is used in a safe environment, particularly on non-slip surfaces with adequate space for analysis.

Liability and Warranty

Lindera GmbH's liability is limited to intent and gross negligence according to legal requirements. Lindera is only liable for slight negligence in breach of cardinal duties - duties whose fulfillment enables proper contract performance and on whose compliance users may regularly rely. Liability for other damages is excluded.

In cases of simple negligence, Lindera GmbH is only liable for foreseeable, contract-typical damage directly resulting from breach of essential contractual obligations.

Technical errors and usage problems may occur, particularly with incompatibilities or improper app use. Lindera GmbH strives to promptly fix errors according to internal quality management system guidelines (ISO 13485). App updates are regularly provided to ensure functionality and security. Users are obligated to keep the app current.

For free services, Lindera GmbH only assumes liability for intent and gross negligence.

Contributory negligence provision: If third parties raise claims against Lindera GmbH arising from user behavior (e.g., incorrect or incomplete entries), users are fully liable and indemnify Lindera GmbH from such claims internally.

Data transmission liability: Lindera GmbH is not liable for data transmission or processing disruptions outside Lindera's control, particularly internet connection failures or technical problems on users' devices.

Lindera provides no warranty that the app functions error-free or meets users' individual requirements. The app does not constitute medical advice or diagnosis and never replaces visits to physicians or other qualified medical professionals. According to Regulation (EU) 2017/745 (MDR), responsibility for health decisions remains with medical professionals.

Lindera GmbH is not liable for direct or indirect damages arising from incorrect user entries or non-intended app use.

Data Protection and Processing

Users' personal data is processed in GDPR compliance and stored only during app usage. Consent for data storage and processing may be withdrawn at any time. Further privacy information is available in the LINDERA Mobility Analysis App Privacy Policy at: Privacy Policy – LINDERA Mobility Analysis App

Right of Withdrawal

Consumer withdrawal rights are regulated in the LINDERA Mobility Analysis App Privacy Policy. More information available here.

Costs and Payment Terms

For coverage information and pricing, contact your care insurance or reach us at support@lindera.de.

No payment refunds occur unless errors are clearly caused by Lindera GmbH.

Availability and Support

Lindera GmbH offers support during the following times:

Support Hours: Monday-Friday, 9:00 AM to 6:00 PM
Email: support@lindera.de

Outside support hours: Emails answered within 24 hours.

App Availability: The app is provided under legally required availability standards. Exceptions apply for maintenance, unforeseen technical disruptions, or force majeure. Users are obligated to regularly update the app to ensure functionality and security.

Term and Termination

The app usage contract may be terminated at any time with one month's notice to month-end. Without account deletion, the contract automatically renews.

Conformity Declaration

The LINDERA Mobility Analysis App is a Class I medical device according to Directive 93/42/EEC (MDD) and is transitioning to Class IIa according to Regulation (EU) 2017/745 (MDR).

The conformity declaration is available here.

Changes to Terms of Use

All changes to terms of use are published on the website. Users are notified at least 14 days in advance via email and app notifications.

Legal Basis: These terms comply with Regulation (EU) 2017/745 (MDR), and General Data Protection Regulation (GDPR).

 

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ADDITIONAL NOTICE FOR US USERS

FDA Disclaimer: This product has not been evaluated by the U.S. Food and Drug Administration (FDA). This medical device is authorized for use in the European Union under the Medical Device Regulation (EU) 2017/745 but does not have FDA clearance for use in the United States.

US Regulatory Status: Use of this application in the United States is at the user's own discretion and risk. Users should consult with healthcare professionals regarding mobility and fall prevention concerns.

Medical Advice Disclaimer: This application is not intended to replace professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition.