§1 Scope of application, definition of service provider and overview of services
These General Terms and Conditions, hereinafter referred to as “GTC”, are bindingly established between ACTIMI GmbH, located at Albert-Schäffle-Straße 119, 70186 Stuttgart, Germany, hereinafter referred to as “ACTIMI”, represented by its management, Dr. Maximilian Weiß and Dietrich Charisius, and the users of its services, hereinafter referred to as “Users”. These GTC apply to the entire business relationship, including the use of the ACTIMI website and the associated app, as well as to all services and products brokered by ACTIMI. ACTIMI specializes in the mediation of treatment contracts between users and specialists in internal medicine and/or cardiology licensed in Germany and provides the necessary technical infrastructure for this purpose. The medical services include telemonitoring, whereby the decision on the type and manner of treatment ultimately lies with the treating physician, who must ensure that the professional requirements are met. Furthermore, ACTIMI offers users access to a mobile application, whereby certain services may require a paid subscription. These terms and conditions are aimed exclusively at users of legal age who, by using ACTIMI services, declare their consent to these terms and conditions. Deviating terms and conditions of the user are not recognized, even if ACTIMI does not expressly object to them. The current GTC can be viewed and printed out at any time on the ACTIMI website.
§2 Registration and conditions of use
In order to be able to use the full services of ACTIMI, the user must register and, if necessary, take out a paid subscription. This requires that the user provides all information requested during the registration process completely and truthfully. ACTIMI reserves the right to refuse registration without giving reasons. By registering and taking out a subscription, the user agrees to these GTC and a binding contract of use is created between ACTIMI and the user.
§3 Conclusion of contract, services and payment modalities
Before the user makes a booking, he will be informed about the duration and conditions of the respective services. A contractual relationship is concluded when the user books a chargeable service from ACTIMI and the payment is successfully processed via one of the payment service providers offered. ACTIMI accepts payments via various payment methods, including but not limited to STRIPE and PayPal. The exact conditions for payment processing can be found in the terms and conditions of the respective payment service providers.
§4 Telemonitoring treatment process
Information is exchanged and ACTIMI services are used via a secure Internet connection. Once the order process has been completed, the telemedical treatment begins. The user undertakes to pass on all necessary information to the attending physician and to respond promptly to any queries. ACTIMI merely acts as an intermediary and is neither a direct nor indirect contractual partner of the treatment contracts.
§5 Obligations of the user
The user undertakes to provide only correct and complete information during the registration and ordering process and during the general use of the platform. Any content that violates applicable law or infringes the rights of third parties may not be posted. In the event of infringement, ACTIMI reserves the right to terminate the user contract without notice and to assert further claims. The user is also obliged to indemnify ACTIMI against any third-party claims arising from violations by the user.
§6 Liability and exclusion of liability
ACTIMI is fully liable in cases of intent and gross negligence. In cases of slight negligence, liability is limited to the breach of essential contractual obligations and is limited to foreseeable damages typical for this type of contract. ACTIMI accepts no liability for damages resulting from treatment by the doctor, as ACTIMI is not a party to the treatment contract. The burden of proof that ACTIMI is at fault lies with the user.
§7 Copyright provisions
ACTIMI holds the copyright and all rights of use to the content provided on the platform and in the app. Use of this content without the prior consent of ACTIMI is not permitted.
§8 Data protection
ACTIMI undertakes to comply with all data protection regulations and has concluded corresponding order processing contracts with the doctors and with third-party providers that are necessary for the technical maintenance and further development of the platform.
§9 Right of withdrawal
The user has the right to revoke his contractual declaration under certain conditions. This right of withdrawal does not apply to the treatment contract with the doctor. The details of the right of revocation and the consequences of an effective revocation are set out in a separate revocation policy.
§10 Final provisions
Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace an invalid provision with a valid one that comes as close as possible to the original purpose. Amendments and supplements to these GTC must be made in writing. The contractual relationship shall be governed exclusively by German law. The place of jurisdiction is the registered office of ACTIMI. ACTIMI points out that a platform of the EU Commission for online dispute resolution is available for disputes in connection with online purchases, but emphasizes that it is not obliged or willing to participate in a dispute resolution procedure.
