1. Subject matter of the contract
1.1 321 MED is an internet-based, cross-platform service for online-based interaction between patients ("patient") and health facilities ("health facilities"), e.g. practices, clinics, etc. and their staff ("employees") (all together: "User"). The use of 321 MED includes for patients the use of the 321 MED website ("321 MED") and individual 321 MED pages operated by health institutions ("321 MED page") as well as for all other users the use of the web-based administration area of the respective 321 MED Pages). Use is based on these General Terms and Conditions / End User License Agreements (GTC / EULA).
1.2 The 321 MED provider is 321 MED GmbH (hereinafter “Provider”), represented by the managing director Dr. Magnus Baringer
At the secret ground 5
VAT ID according to § 27a UstG: xxxxxx
1.3 The 321 MED offer is aimed at users both inside and outside the European Union.
1.4 The provider does not offer any medical services. 321 MED is only for information and interaction. 321 MED is not suitable or intended for exclusive remote treatment. Using the services of 321 MED cannot replace a traditional visit to a healthcare facility. For a final and comprehensive treatment, a visit to a local health facility or, in urgent cases, an emergency room is essential. Special professional regulations and restrictions apply to medical care over the Internet. Rather, 321 MED is used for infrastructural and treatment-related information and interaction (e.g. communication) or to optimize the organization (appointments, transmission of findings, etc.). The range of services is therefore limited to the current legal options. Special notes in the description of services and provision of services are binding.
2.1 In order to be able to use 321 MED or 321 MED pages as a patient, no registration is required. Individual services and functionalities may require the collection of personal and health-related data (see data protection declaration).
2.2 In order to be able to use 321 MED as a healthcare facility, the administrator of the healthcare facility must set up an account (administrator account). The following information is required to set up an administrator account:
Name of the health facility
Address of the health facility
Setting up a means of payment
By registering, the administrator of the health facility can access the administration area of 321 MED or its own 321 MED pages. The data of the administrator account can be changed at any time via the account settings. The entered email address and password must be entered for subsequent log-in processes. Changing the password is only possible in the account settings. The owner or administrator of the healthcare facility is responsible for the secure storage of account access data. The provider does not pay for any damage caused by loss.
2.3 In order to be able to use a 321 MED site as an employee, an account must be set up (employee account). To set up an employee account, the following information is required from the employee:
The administrator of the health facility adds the employee via the corresponding functionality in the administration area of the 321 MED page and enables access to the 321 MED page with the appropriate authorizations.
2.4 With the activation of a user-specific account, a usage agreement is concluded in accordance with these general terms and conditions.
2.5 There is no legal entitlement to use the services of 321 MED. The provider is entitled to refuse registration without giving reasons.
2.6 Access to 321 MED is only permitted to the user and persons authorized by him. The user is responsible for all uses with his access data and is liable according to general laws. Access data must be kept secret. If this data becomes known to unauthorized persons, the user must immediately change his password and inform the provider.
2.7 Users are obliged to update their data in their account settings if they change during the term of the contract. In the event of technical questions or other related messages, users can contact customer service at the following contact details: email@example.com.
3. Usage rights
3.2. The user acquires access authorizations to use the service. Valid access authorization is required for every user of the service.
3.3 The user can use 321 MED, but depending on the configuration, only access the full functionality after setting up an account and a reliable means of payment.
4. Usage duties
4.1 The user is responsible for compliance with any legal and/or regulatory requirements.
4.2 In particular, the user is responsible for confidentiality, access data, passwords, etc.
4.3 The user prevents unauthorized use of the service and will immediately inform 321 MED of any unauthorized use or access.
4.4 The user holds the provider harmless from any claims by third parties that are asserted against the provider due to the culpable violation of third party rights by the user or due to the user's culpable behavior in violation of the law or contract.
5. Provider duties
5.1 The provider provides the services within the framework of the current state of the art.
5.2 The provider continuously develops the software and the service. New functions can be introduced and existing ones replaced by new ones or removed without replacement.
5.3 The user has various products to choose from, which differ in terms of their scope of services. The provider is obliged to deliver the service elements defined in the license packages. The currently valid service packages can be viewed on the provider's website. However, the provider reserves the right to add to the scope of services at any time or to adapt them if necessary.
5.4 The range of services is generally available for an unlimited period of time. This does not apply to the times in which data backup work is carried out and system maintenance or program maintenance work is carried out on the system or the database.
6. Fees, Payments, and Terms
6.1 The usage fees for a paid subscription are paid retrospectively. In the case of recurring fees, you will be billed monthly. The user can find an overview of the bills and the subscription in the administration area.
6.2 The currently valid table of fees can be found on the 321 MED homepage. The provider reserves the right to adapt the fees and / or tariff levels to changed conditions at any time.
6.3 Fees are non-refundable unless required by law. The user is obliged to correctly provide all the information required for payment. 321 MED can deactivate or discontinue the service for the user if payments are outstanding.
6.4 The term of a service subscription is the current month. Service subscriptions can be activated / deactivated at any time via the administration area. The billing of incomplete running times takes place proportionally according to daily use of the total number of days of the respective billing month.
7.1 Personal data that is collected when using the service is processed exclusively in accordance with the applicable legal provisions, EU Regulation 2016/679 (GDPR) and in accordance with our data protection declaration, which supplements these General Terms and Conditions.
7.2 The provider processes the data in accordance with the relevant legislation. Data is only stored in encrypted form and, if possible, deleted immediately.
7.3 For his part, the user undertakes to fully comply with the statutory provisions relating to the handling of personal data.
8. Liability and limitations of liability
8.1 The transmission and processing of data over the Internet is delayed or impossible due to circumstances that are beyond the control of the provider. These include (non-exhaustive list): No reception, no connection to the Internet or to the service, Internet interference of any kind (routing, DNS, etc.), hardware and software errors in receiving and network devices, DDoS attacks.
8.2 Any liability or obligation to pay compensation in the event of limited usability of the service due to the reasons stated in Section 9.1 is expressly excluded by the provider.
8.3 Liability for damage resulting from the separate contractual relationship between health care facilities and users is excluded.
8.4 The provider is not liable for any damage caused to the user as a result of the unavailability or technical disruption of the service. Any reduction in the usage fee paid remains unaffected.
8.5 The provider excludes any liability for negligent breaches of duty, unless it is damage resulting from injury to life, limb or health or guarantees.
8.6 The mentioned exclusions of liability also apply to breaches of duty by the vicarious agents of the provider and their legal representatives.
8.7 A limitation period of 2 years from the time at which the user becomes aware of the damage applies to all claims against the provider for damages or reimbursement of wasted expenses. Regardless of this knowledge, claims for damages expire at the latest after 3 years from the time of the damaging event. This does not apply to liability for intent or gross negligence or for personal injury.
9. Right to deactivate / delete
The right to deactivate a program and to delete an account for an important reason remains unaffected by the preceding provision. The provider will immediately notify the user concerned about the deactivation of a program or the deletion of an account and will immediately reimburse any payments already made for the period from the deactivation or deletion.
10. Subject to change
10.1. The provider can change, adapt or update these terms and conditions as well as the license packages at any time with effect for the future due to changes in the law, changes in case law, changes in economic conditions, subsequently recognized loopholes, new functions provided by the provider or for any other objective reason.
10.2. The provider will inform the user about changes no later than two weeks before the amended terms and conditions come into force, as well as informing them of the possibility and deadline of an objection and of the consequences of not objecting.
10.3. If the user does not object to the changes within two weeks, these are considered accepted. The period begins on the day on which the amended terms and conditions come into force, which was previously announced by email, or on the day on which the user first becomes aware of the change, if this day is before the point in time when the terms and conditions come into force.
10.4. In the event of a timely objection, the user relationship ends with effect for the point in time at which the changed general terms and conditions come into force. Proportional fees up to the regular end of the contract will be refunded in this case.
11. Final provisions
11.1. The possible invalidity or impracticability of individual provisions of these terms and conditions has no influence on the continued existence and effectiveness of the remaining provisions. A new regulation must be made for the relevant part, which comes closest to the original one in terms of economy and content.
11.2. The law of the Federal Republic of Germany applies. The UN sales law is specifically excluded from its applicability to this contract.
11.3. The place of jurisdiction for all disputes arising from this user relationship is Munich if you are an entrepreneur / merchant, legal entity under public law or special fund under public law or if you do not have a general place of jurisdiction in Germany or another EU member state or if you are domiciled abroad according to these GTC have relocated or your place of residence or usual place of abode is unknown when the action is brought or you do not have a general place of jurisdiction in Germany.