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 of Application
These General Terms and Conditions ("GTC") apply to the use of the Elara Health ("App") and the website elara-health.de ("Website"). They regulate the contractual relationship between
MS Nucleus GmbH
Gundelfinger Straße 5
10318 Berlin
Local Court Berlin (Charlottenburg), HRB 243388
Managing Director: Frederik Marquart
– hereinafter referred to as "MS Nucleus" – and the user of the Elara Health services in the version valid at the time of the conclusion of the contract.
The use of the App and the services associated with it requires that the user agrees to these GTC. The user declares his consent in the App by clicking on a corresponding consent field during registration.
Conflicting, deviating or supplementary general terms and conditions of the user do not become part of the contract unless MS Nucleus expressly agrees to their validity. This also applies if MS Nucleus provides services without reservation in the knowledge of conflicting or deviating conditions.
The law of the Federal Republic of Germany applies exclusively.
§ 2 Services of Elara Health
Website
MS Nucleus operates an online platform under the URL elara-health.de, which provides information about the App, its range of functions and offers. The website can be used without registration.
App Functions
The App provides users with the following functions:
- a) Diary function for recording and documenting symptoms, medication, energy, activities, mood and sleep.
- b) Optional connection of external trackers (e.g. Apple Health, Google Fit, Garmin) to record steps, activity energy, respiratory rate, blood pressure, heart rate, heart rate variability, body temperature, resting heart rate, sleep phases and training data.
- c) Visualization of diary and tracker data in the form of diagrams and evaluations.
- d) Calculation of the individual energy crash risk based on recorded data.
- e) Archiving and display of laboratory values (entered manually or via photo upload).
- f) Processing of uploaded laboratory value photos using Mistral OCR for text data extraction and display in the App dashboard.
- g) Provision of validated health questionnaires for self-assessment.
Medical Disclaimer
All content of the App serves exclusively for general information and self-observation. It is not a substitute for medical advice, diagnosis or treatment. Users should always seek medical advice in case of health complaints or questions.
§ 3 Conclusion of Contract
With the download and registration in the App, a contract for the use of the App is concluded between MS Nucleus and the user.
No registration is required for the use of the website.
The minimum age for using the App is 18 years.
A valid email address and a password must be provided during registration.
The App is primarily intended for private individuals; registration on behalf of third parties is not permitted.
§ 4 Use of Uploaded Data
Users can enter laboratory values manually into the App or upload them as an image.
Photo uploads are processed automatically by Mistral OCR.
MS Nucleus assumes no liability for the correctness or completeness of the values recognized by OCR.
The App can convert uploaded laboratory values into other units. There is no claim to display in the original unit.
The evaluation of uploaded laboratory values takes place exclusively as a visualization; a medical interpretation or consultation does not take place.
§ 5 Registration and Technical Requirements
For the use of the App, a mobile end device with one of the following operating systems is required:
- iOS (at least version 13.0)
- Android (at least SDK version 28)
The user is obliged to keep his access data secret and to protect it from unauthorized access.
In case of suspicion of unauthorized use or misuse of the account, the user must inform MS Nucleus immediately.
§ 6 Duties of Users
Users must provide truthful and complete information when registering and using the App.
The App may only be used for private purposes. Commercial use without the express written consent of MS Nucleus is not permitted.
Misuse of the App or the attempt to access data without authorization can lead to the immediate blocking or deletion of the user account.
§ 7 Availability and Changes
The App is generally available 24 hours a day, subject to maintenance work and unforeseen technical malfunctions.
MS Nucleus reserves the right to change, expand or discontinue the services offered in the App at any time, provided this is necessary for technical, legal or operational reasons.
§ 8 Termination and Deletion of User Accounts
Users can delete their account via the App at any time.
MS Nucleus can block or delete accounts if there is a violation of these GTC or misuse.
§ 9 Data Protection
The processing of personal data, including health data, takes place in accordance with the privacy policy of MS Nucleus.
Health data is stored in the cloud database Supabase (server location: EU).
Laboratory value photos are transmitted to Mistral OCR to extract text data and display it in the App.
§ 10 Liability
Liability of MS Nucleus as well as its legal representatives and vicarious agents for slight negligence is excluded, unless otherwise determined below.
Excluded from the liability exclusion for slight negligence regulated above in paragraph 1 are claims for damages by the user
- due to injury to life, limb or health as well as
- claims for damages from the violation of essential contractual obligations
Essential contractual obligations are those whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely. In the event of a violation of essential contractual obligations, however, liability is limited to the typical, foreseeable damage.
Apart from that, liability is governed by the general statutory provisions; in particular, the provisions of the Product Liability Act (strict liability) remain unaffected.
MS Nucleus assumes no liability for errors or omissions of third-party providers or service providers whose services the App uses (e.g. cloud database providers such as Supabase or OCR services such as Mistral OCR), provided that the user enters into independent contractual relationships with them or the performance of services is outside the sphere of influence of MS Nucleus. The liability of MS Nucleus for its own fault in the selection and monitoring of these third-party providers (selection fault) remains unaffected.
§ 11 Alternative Dispute Resolution
The European Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
MS Nucleus is not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.
§ 12 Amendment of the GTC
MS Nucleus reserves the right to amend these GTC insofar as this is necessary and does not unreasonably disadvantage the user.
Amendments may be made in particular for the following reasons:
- Adaptation to legal or regulatory requirements
- Improvement of security
- Introduction of new functions or changes to existing functions
- Technical adjustments to ensure functionality
Users will be informed of amendments affecting their rights and obligations at least six weeks before they come into force.
If the user does not object within this period, the amended GTC are deemed to have been accepted.
§ 13 Final Provisions
The law of the Federal Republic of Germany applies exclusively to the contractual relationships between the user and Aware. Exclusive place of jurisdiction, as far as permissible, is Berlin.
The application of the UN Convention on Contracts for the International Sale of Goods is expressly excluded. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the users have their habitual residence as consumers, remain unaffected.
Should individual provisions of these GTC, including this final provision, be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. The invalid or missing provisions shall be replaced by the respective statutory regulations. However, insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall become invalid as a whole.
Berlin, 22 February 2026 (Version 2.1)