General Terms and Conditions (GTC) of MS Nucleus GmbH for the use of the Elara Health App and the website elara-health.de
§ 1 Scope
These General Terms and Conditions (“GTC”) govern the contractual use of the Elara Health App (“App”) and contractually offered services on elara-health.de (“Website”) between you and MS Nucleus GmbH, Gundelfinger Straße 5, 10318 Berlin, registered with the Local Court of Berlin (Charlottenburg) under HRB 243388, represented by Managing Director Frederik Marquart (hereinafter “MS Nucleus”). Contact: frederik@elara-health.de.
The App is intended for private individuals. Separate offerings for companies, medical institutions or research institutions require a separate agreement.
These GTC are made available to you before the contract is concluded and apply when they have been validly incorporated into the contract. Individual agreements take precedence over these GTC.
The choice of law and the competent courts are governed exclusively by § 13 of these GTC.
§ 2 Elara Health Services
The Website provides information about Elara Health and the services offered. It can be accessed without registration.
The App is intended for the personal documentation, presentation and reflection of health-related everyday information. Its functions include in particular: a) recording symptoms, medication, energy, exertion, activities, mood, sleep and other voluntary diary information; b) optional import of authorised data from supported health and wearable services, for example Apple Health / HealthKit, Google Health Connect or Garmin; c) presentation of trends, charts and calculated metrics based on recorded data; d) manual entry and display of laboratory values; e) meal documentation including an optional AI-assisted meal photo scan under § 4; f) health questionnaires for self-assessment and general informational content; g) reports and data exports within the available functionality.
Scores, trends and calculated metrics are intended for personal reflection on the recorded data. The App does not provide an early warning for post-exertional malaise (PEM) and does not predict PEM or a “crash”. The displayed evaluations are not medical measurements, do not constitute clearance for physical or mental exertion and do not determine a medically safe exertion threshold.
Elara is intended for personal self-observation and general information, not for medical diagnosis or independent treatment decisions. The App does not replace medical advice, diagnosis or treatment. Do not change medication or other treatment solely on the basis of App displays. There is no medical monitoring of your entries. The App is not intended for emergencies; in an emergency, contact the local emergency services.
The contractually owed scope of services is determined by the services agreed when the contract is concluded and by statutory requirements. Differences depending on operating system, device or enabled integration are explained in the relevant feature and compatibility information. Changes to existing services are governed by § 7; a mere change to the Website or product description does not amend an existing contract.
§ 3 Conclusion of Contract
The user agreement is concluded when you register after these GTC have been made available and accepted and MS Nucleus accepts the registration by providing the user account. Acceptance may be automated. Merely downloading the App or visiting the Website does not create a user agreement.
Registration takes place using the methods offered in the App. Account information marked as required must be provided.
The user account is personal. Using another person’s identity without authorisation is prohibited. Assistance by authorised persons or legal representatives remains possible.
The user account agreement runs for an indefinite period. Termination is governed by § 8.
Downloading, registering for and using all App functions currently offered is free of charge. There are currently no paid add-on services or subscriptions.
§ 4 Meal Photo Scan
In the optional meal feature, you can select a photo of your meal for automated, AI-assisted analysis. The selected image is transmitted via the OpenAI API to OpenAI Ireland Ltd. for processing. Use of the photo scan is voluntary. Details about data processing, transfers outside the European Economic Area and retention are explained in the App Privacy Policy.
The automated image analysis may identify foods incorrectly or miss components. Where quantities or nutritional values are displayed, they are estimates. Please review the generated information and correct inaccurate entries. The analysis is not intended for reliable allergen detection, assessment of food safety, or as a basis for medical nutrition or dosing decisions.
Upload only images that you are entitled to use. Where possible, avoid images of people, documents or other identifying information; the photo scan is intended for meal images.
You retain your rights to your own content. The technical limitations described in this section do not exclude statutory remedies for defects and do not limit liability beyond § 10.
§ 5 Technical Requirements and Account Security
You need a compatible mobile device. The technical requirements communicated before conclusion of the contract apply, in particular the information in the relevant App Store listing and compatibility information. Changes to these requirements are governed by § 7 and statutory requirements; merely changing a store listing does not alter existing contractual entitlements.
An internet connection is required for registration, synchronisation and server-based functions. Connection costs are governed by your own telecommunications agreement.
External health and wearable services are connected only when you initiate the connection and grant the required permissions. Available data types and transmission intervals depend on the relevant integration, your device and the permissions granted. Not every function requires such a connection.
Protect your access credentials from unauthorised access. Inform MS Nucleus without undue delay if there are concrete signs of misuse of your account. This does not establish strict liability for actions by third parties.
MS Nucleus provides updates required by law, including security updates, and informs you about them. Please install these within a reasonable period. Your statutory rights and the statutory requirements for possible consequences of failing to install an update remain unaffected.
§ 6 User Obligations
Required account information must be accurate and updated when it changes. Health information and diary entries are voluntary; there is no obligation to record information completely or every day.
The App may be used for your personal purposes. Any commercial or institutional use beyond this requires a separate agreement. You may share your own reports with treating professionals or trusted persons.
In particular, unlawful content, infringement of third-party rights, introduction of malware and unauthorised access to other accounts, data or technical systems are prohibited.
Measures in response to misuse or other breaches of obligations are governed by the graduated requirements in § 8. A minor breach does not automatically result in permanent account deletion.
§ 7 Availability and Changes
MS Nucleus operates the App with the aim of reliable availability. Maintenance or technical disruptions may temporarily restrict use. Planned interruptions that are more than insignificant will, where possible, be announced in good time and limited to what is necessary. Contractual and statutory performance rights remain unaffected.
Beyond necessary bug fixes and updates, MS Nucleus may change functions where there is a valid reason. Such reasons include implementing binding legal or regulatory requirements, addressing specific security risks, adapting to changed operating systems or interfaces, and adapting an affected integration where its external provider changes or discontinues the interface. Any change must be limited to the relevant reason and reasonable in light of your interests; it must not result in additional costs for you.
You will be informed about changes clearly and comprehensibly. If a change impairs your access or usability by more than a minor degree, MS Nucleus will inform you within a reasonable period before the change on a durable medium, such as by email, about the characteristics and timing of the change and the rights set out below.
You may terminate the user agreement at any time without notice by deleting your account under § 8, irrespective of a service change. Statutory rights relating to changes to digital products remain unaffected.
Changes under this section do not affect the free-of-charge nature of the service under § 3. This right to make changes does not authorise complete discontinuation of the contractual services. Discontinuation is subject to the contractual and statutory rules on termination, in particular § 8.
§ 8 Termination and Deletion of User Accounts
You can delete your user account directly in the App at any time and thereby terminate the user agreement without notice. Alternatively, you can request account deletion by email to frederik@elara-health.de. There is no minimum usage period.
A temporary account suspension is permitted where there are concrete indications of significant misuse, unauthorised access or unlawful use and the suspension is necessary and proportionate to protect the account, other persons or the systems. MS Nucleus will inform you of the reason and provide an opportunity to respond unless prohibited by law or prevented by specific security risks. The suspension will be reviewed and lifted once its reason no longer applies.
Either party may terminate the agreement for cause under the statutory requirements. For remediable breaches, an appropriate period to remedy the breach or a prior warning is generally required unless the statutory provisions permit otherwise. Permanent account termination will not be based solely on a minor breach.
When your user account is deleted, all personal data and stored content assigned to the user account are deleted. Please save any content you need before account deletion using the available export functions. Details about data deletion are explained in the App Privacy Policy. Your statutory data-protection rights remain unaffected.
§ 9 Data Protection
Information about the processing of personal data is provided in the App Privacy Policy and in the privacy notices made available for the Website. These explain in particular the purposes, legal bases, service providers used, international transfers, retention periods and your rights.
Agreement to these GTC is not consent under data-protection law. Where consent is required, in particular for processing health data, it is obtained separately. Consent can be withdrawn at any time with effect for the future. The lawfulness of processing carried out before withdrawal remains unaffected.
Connecting wearables, using the meal photo scan and participating in research are voluntary. Use of the App or agreement to these GTC does not constitute consent to research. Missing or withdrawn consent or device permissions affect only the functions that depend on them.
For data-protection questions and to exercise your rights, you can contact the Data Protection Officer at datenschutz@elara-health.de.
§ 10 Liability and Statutory Rights
MS Nucleus has unlimited liability for intent and gross negligence and for culpable injury to life, body or health caused by MS Nucleus, its legal representatives or persons used to perform its obligations.
In cases of ordinary negligence, MS Nucleus is liable for breach of essential contractual obligations, limited to the damage typical for the contract and foreseeable. Essential contractual obligations are obligations whose performance is necessary for proper execution of the contract and on whose compliance you may regularly rely. Unlimited liability under paragraph 1 and mandatory statutory liability remain unaffected. In all other respects, liability for ordinary negligence is excluded.
In particular, claims under the German Product Liability Act, claims based on fraudulent concealment of a defect, claims under an assumed guarantee within the scope of that guarantee, and mandatory data-protection damages claims, in particular under Art. 82 GDPR, remain unaffected.
Where MS Nucleus uses service providers to perform its own contractual obligations, their fault is attributed in accordance with statutory provisions. Outsourcing to a cloud or AI service provider does not create an additional exclusion of liability. For independent services of external providers that are not part of the service owed by MS Nucleus, the relevant provider is responsible; MS Nucleus remains responsible for its own obligations.
Statutory rights in the event of non-provision or defects of the App remain unaffected. The liability provisions above also apply for the benefit of the legal representatives, employees and persons used to perform the obligations of MS Nucleus, insofar as they are personally sued and liability may lawfully be limited.
§ 11 Alternative Dispute Resolution
MS Nucleus is neither obliged nor willing to participate in dispute-resolution proceedings before a consumer arbitration board.
§ 12 Amendment of the GTC
Changes to these GTC for an existing agreement require your express consent. MS Nucleus will provide you with the proposed new text and the intended effective date in text form before you decide.
Silence, failure to object or mere continued use of the App do not constitute consent. Without your consent, the existing agreement remains in force. Statutory rights of termination under § 8 remain unaffected.
Changes to functions within the framework set out in § 7 are distinct from changes to these GTC. § 7 does not permit changes to the remaining contractual terms.
§ 13 Final Provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer habitually resident in another country, the protection of mandatory provisions of that country that would apply without this choice of law remains unaffected.
The statutory places of jurisdiction apply.
If individual provisions of these GTC do not become part of the contract or are invalid, the consequences are governed by § 306 of the German Civil Code (BGB). Invalid provisions are replaced by the statutory provisions; no replacement with a provision that is economically as similar as possible is agreed.
Version 2.2 – Last revised: 2026-09-10