GENERAL TERMS OF SERVICE
1. General
1.1 These General Terms of Service (hereinafter “GTS”) govern the contractual relationship between Orbit Health GmbH, Innere Wiener Straße 17, 81667 Munich, Germany (hereinafter “Orbit”) and you as a user and contractual partner of Orbit (hereinafter “User”) with regard to the use of the software application “Neptune Care” and the infrastructure provided thereby and the associated services (hereinafter collectively “Neptune Care Services”).
1.2 The version of the GTS valid at the time of conclusion of the contract between Orbit and the User shall apply.
2. Usage of the Neptune Care Services, conclusion of Contract, access to GTS, contractual language
2.1 To use the Neptune Care Services, it is first necessary to download the software application “Neptune Care” from the app store and register in the software application. As part of the registration process, the User must create an account and the registration code must be entered into the app. Before completing the registration, the User will be asked to agree to these GTS, which will create the contract between the User and Orbit (hereinafter “Contract”).
2.2 The GTS can be accessed at any time by visiting this URL: https://orbit.health/neptune-care-for-user-terms-agreement/
2.3 The contractual language is English.
3. Requirement of a Smartwatch
3.1 For the Neptune Care Services to automatically monitor symptoms and provide insights, it is required to use an appropriate smartwatch. If not available, the User must purchase the smartwatch separately directly from the manufacturer or a dealer. Orbit is not responsible for any defects of the smartwatch.
3.2 Smartwatches that are compatible with the Neptune Care Services are listed on the Orbit website. The smartwatch needs to be connected with the Neptune Care App on the User’s smartphone.
4. Delivery and service provision, deadlines
4.1 The conditions of delivery and service provision of the Neptune Care Services are determined by the Contract.
4.2 The service and delivery dates and deadlines stated by Orbit are only binding if this is contractually agreed. The aforementioned dates and deadlines will be extended – without prejudice to other statutory rights of Orbit – if and insofar as the User does not or insufficiently perform any acts of cooperation.
5. Remuneration, invoicing to statutory health insurance funds
If no payment by a statutory health insurance fund is applicable, Orbit will invoice the remuneration for the use of the Neptune Care Services directly to the User. Unless otherwise agreed, the remuneration to be paid by the User is due upon invoicing and is payable within fourteen (14) days from the invoice date without deduction.
6. Scope of services, availability, data transmission via the internet
6.1 The scope of services and the current functionalities of the Neptune Care Services are described by the description available on the Orbit website and the IFU found in the Neptune Care App at the time of the conclusion of the Contract. The use of the Neptune Care Services is presently limited to the territory of EU, UK, and Singapore.
6.2 THE NEPTUNE CARE SERVICES ENABLE THE USER TO DOCUMENT THE COURSE OF HIS/HER HEALTH EVENTS BY MEANS OF A MODERN SYSTEM FOR SYMPTOM MONITORING. HOWEVER, THE NEPTUNE CARE SERVICES DOES NOT PROVIDE THE USER WITH INDIVIDUAL DIAGNOSES FOR HEALTH COMPLAINTS OR THERAPY RECOMMENDATIONS.
6.3 The Neptune Care Services may be affected by interruptions, errors or delays. Such interruptions, errors or delays may be due to factors such as technical problems in the execution or operation of the software, infrastructure or servers of Orbit or third parties, or technical problems or high traffic on the internet or infrastructure failures.
6.4 Orbit will endeavor to keep the Neptune Care Services available at least ninety-nine (99) percent of the time on an annual average basis, not including downtime (a) during which the servers or functionality of the Neptune Care Services are unavailable due to technical or other problems beyond Orbit’s control (e.g., force majeure or fault of third parties); (b) used to improve the security and integrity of the servers or for maintenance work for the purpose of the proper operation or improvement of the Neptune Care Services.
6.5 Orbit uses appropriate security measures when transmitting User Data via the internet, such as encryption technologies that comply with statutory requirements. However, Orbit cannot fully guarantee or ensure data security when transmitting data via the internet. For this reason, any transmission of data via the internet within the framework of the use of the Neptune Care Services takes place at the User’s own risk.
7. Conditions of use, duties of cooperation and due diligence
7.1 The User is responsible for complying with the technical and system requirements for the use of the Neptune Care Services.
7.2 The User agrees (a) to use the Neptune Care Services (or any part thereof) solely in connection with his/her medically prescribed condition (if any) and in accordance with the terms of these GTS; (b) not to take any action that may impair or interfere with the interoperability and functionality of the Neptune Care Services (or any part thereof); (c) not to violate any applicable law or third party rights in the use thereof; (d) not to introduce harmful code into the Neptune Care Services, such as viruses or other harmful computer programs that may, for example, damage or interfere with Orbit's system, program, or data, or surreptitiously eavesdrop on or unauthorizedly spy on personal information (e) to cooperate in updating the Neptune Care Services, such as applying (security) patches, updates and upgrades via remote maintenance, and to perform all actions necessary for this purpose in order to maintain the interoperability and functionalities of the Neptune Care Services.
8. Orbit's right to use User Data
The User grants Orbit a royalty-free, non-exclusive and Europe-wide right of use to the usage data generated within the scope of the use of the Neptune Care Services, such as in particular the monitoring files generated by means of the symptom monitoring devices (hereinafter collectively “User Data”), to use the User Data (or in each case parts thereof) for purposes of (a) the provision and use of the Neptune Care Services during the term of the Contract, and to make them accessible to the third parties to whom the User grants access to the User Data within the scope of the prescription of the Neptune Care Services, as well as (b) the analyzation, evaluation and exploitation for the further development and improvement of the Neptune Care Services on a permanent basis in pseudonymized and anonymized form. Anonymized data may also be used in non-EU countries.
9. User’s right to use Neptune Care Services
9.1 To the extent necessary for the use of the Neptune Care Services, Orbit grants the User a non-exclusive, non-transferable right of use, limited in time to the term of the Contract, to use the Neptune Care Services in accordance with the agreed scope of services pursuant to section 6.1 and these GTS.
9.2 Unless expressly permitted by Sec. 69d and 69e of the German Copyright Act (“Urheberrechtsgesetz”) or these GTS, the User may not, without Orbit's prior written consent (a) edit, redesign, adapt, translate, reproduce, publish, decompile, disassemble or reverse engineer (so-called reverse engineering) the Neptune Care Services (or any part thereof); (b) circumvent any technical limitations; or (c) use the Neptune Care Services for commercial purposes.
10. Data protection
10.1 Orbit processes personal data collected in the course of using the Neptune Care Services exclusively in compliance with the applicable data protection laws, in particular the EU General Data Protection Regulation and the German Federal Data Protection Act (“Bundesdatenschutzgesetz”). Further information on the processing of personal data can be found in the Neptune Care Privacy Policy , which is not part of these GTS, but serves exclusively as information according to Art. 13 GDPR.
10.2 THE USE OF THE NEPTUNE CARE SERVICES REQUIRES THE USER’S CONSENT TO THE PROCESSING OF HIS/HER DATA IN ACCORDANCE WITH DATA PROTECTION LAW. IF THE USER DOES NOT CONSENT TO THIS DATA PROCESSING, HE/SHE CANNOT USE THE NEPTUNE CARE SERVICES.
The User undertakes towards Orbit to comply with the data protection laws applicable in connection with the use of the Neptune Care Services, in particular the EU General Data Protection Regulation and the German Federal Data Protection Act (“Bundesdatenschutzgesetz”).
11. Claim for defects
11.1 The liability for defects is governed by the statutory law as modified by the following provisions.
11.2 The User shall report any defects of the Neptune Care Services to Orbit without undue delay in text form or by telephone, stating the exact nature of the defect, its effect and the circumstances under which it occurs. The current contact details can be found on the Orbit website at https://www.orbit.health.
11.3 Orbit is entitled to bypass a defect by a bypass solution if the defect itself can only be rectified by disproportionate effort and the bypass solution only insignificantly affects the interoperability and functionalities of the Neptune Care Services.
11.4 Orbit is not liable for defects that (a) are caused by software components or services of third parties that are not provided by Orbit or (b) are based on an unauthorized use of the Neptune Care Services (including access to them) in accordance with these GTS.
11.5 Orbit is liable for damages for defects only according to the provisions of section 12.
11.6 The provisions of this section 11 are without prejudice to claims for defects which Orbit has fraudulently concealed or which are covered by a guarantee of quality or durability.
12. Liability
12.1 Any strict liability for damages for defects existing at the time of the conclusion of the Contract is excluded
12.2 Orbit shall be unrestrictedly liable for any damage caused by intent or gross negligence. In the event of a slightly negligent breach of an obligation whose breach puts the achievement of the contractual purpose at risk or whose fulfillment is essential to the due and proper implementation of the Contract and on whose fulfillment the User could reasonably rely on (hereinafter “Essential Accessory Obligation”), the liability of Orbit is limited to damage foreseeable at the time of conclusion of the Contract and characteristic for the Contract.
12.3 Orbit accepts no liability for slightly negligent breaches of obligations which are not Essential Accessory Obligation.
12.4 The above exclusions and limitations of liability shall not apply in the event of fraudulently concealment of defects or a guarantee as to quality or durability, to the liability for claims under the German Product Liability Act (“Produkthaftungsgesetz”) and to claims based on slightly negligently caused personal injuries (life, limb or health). This shall not entail a reversal of the burden of proof to User’s disadvantage.
12.5 Where the liability of Orbit is excluded or limited, this also applies to the personal liability of Orbit’s employees, members of staff, representatives and vicarious agents.
12.6 With the exception of claims based on tortious acts, claims for damages, for which Orbit’s liability is limited under this section 12, become time-barred within one (1) year, calculated from the beginning of the statutory limitation period. This shall not entail a reversal of the burden of proof to User’s disadvantage.
13. User Responsibilities and Limitations of Liability
13.1 Accuracy and Responsibility of User-Entered Data: By using Neptune Care, you acknowledge and agree that you are solely responsible for the accuracy, completeness, and timeliness of any and all information you input, including but not limited to:
Orbit Health does not verify or validate the accuracy of any user-entered data. The quality and reliability of the insights provided by Neptune Care depend directly on the integrity of the data you provide.
13.2 No Medical Advice or Substitution of Professional Judgment: Neptune Care is not intended to support or replace clinical decision-making. It is not a substitute for professional medical advice, diagnosis, or treatment.
13.3 Changes to Medication or Behavior: You are solely responsible for any modifications you make to your medication regimen, treatment plan, or activities based on information presented within Neptune Care.
Orbit Health shall not be held liable or responsible for any outcomes and effects resulting from any user-initiated changes to medications, timing, dosage, or other health-related activities.
You should consult your physician or other qualified healthcare provider before making any adjustments to your treatment or behavior.
14. Term, termination, consequences of termination
14.1 The term of the Contract commences upon conclusion of the Contract.
14.2 The right to extraordinary termination for good cause remains unaffected. The termination must be in textform.
14.3 Upon termination of the Contract, the User is no longer entitled to use the Neptune Care Services.
14.4 Within one (1) month after termination (post-storage period), Orbit will provide the User upon request with the User Data stored in the Neptune Care Services at that time in a common data format. After the expiration of the post-storage period, Orbit is entitled to irreversibly delete the User Data stored in the Neptune Care Services and to deactivate the account of the User.
15. Withdrawal Policy
The withdrawal right applies solely to a User that is a natural person who concludes the legal transaction for a purpose that can predominantly be attributed neither to his commercial nor to his independent professional activity (consumer).
15.1 Withdrawal Right
You may choose to cancel / withdraw from your subscription early at your convenience. To cancel your subscription in the Neptune Care App visit Settings, then select “DELETE MY DATA”. Once selected, you will need to confirm by selecting “Yes” when prompted to. If you cancel your subscription, your account will automatically close and all data will immediately be deleted.
15.2 Consequences of withdrawal
Should you cancel / withdraw from your subscription prior to the end of your prepaid subscription period, Orbit Health will not refund prepaid subscription fees or subscription fees corresponding to the unused amount.
16. Applicable law, Alternative Dispute Resolution in Consumer Matters, Severability
16.1 The legal relationships arising from or in connection with the Contract shall be governed by German law. If you are a consumer domiciled outside the Federal Republic of Germany but within the EEA, the law of the country in which you are domiciled may also apply if it is a matter of mandatory provisions.
16.2 The European Commission provides a platform for extrajudicial online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. Orbit does not participate in dispute resolution procedure before a consumer conciliation body and is not obliged to do so.
16.3 Should individual provisions of the Contract with the User or of these GTS be or become invalid, the remaining provisions shall remain unaffected.
Last updated: 08/2025