Algemeene Voorwaarden

General Terms and Conditions of Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf for the use of the online platform www.dermanostic.com or the app and webapp "dermanostic":

§ 1 Scope.

1. These General Terms and Conditions of Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf, represented by the Managing Director, Dr. med. Ole Martin, Register Court Amtsgericht Düsseldorf, HRB 89284 (hereinafter: GTC) and the jointly responsible practice Dr. Lang - Specialist in Dermatology, Merowingerplatz 1, 40225 Düsseldorf, represented by Dr. med. Estefanía Lang, apply both to the use of the website www.dermanostic.com and to the use of the app and webapp "dermanostic".

As joint responsible parties, Dermanostic GmbH and the practice of Dr. Lang enable patients to benefit from a teledermatological consultation without visiting the practice of the treating dermatologist. The dermatological consultation is, however, subject to the dermatologist ensuring that the requirements of Section 7 (4) of the Model Professional Code for Physicians Working in Germany are met.

2. Deviating, conflicting or supplementary conditions of the patient do not apply and do not become part of the contract. This shall also apply if the patient refers to his terms and conditions vis-à-vis the Joint Responsible Parties and the Joint Responsible Parties do not expressly object to the terms and conditions.

3. By making use of the offer of Dermanostic GmbH and the practice of Dr. Lang, the Patient accepts these GTC without reservation.

4. To use the mediation offer of dermanostic, the patient first registers on the website in the web app or after downloading the app when calling it up for the first time. The patient can then upload photographs of the skin problem that has prompted him to make use of the service and fill out a questionnaire for anamnesis. Within 24 hours, the patient receives a specialist consultation from a dermatologist practicing in Germany. If, from the point of view of the attending physician, it is medically justifiable and the required medical care can be maintained through the evaluation of the photographs uploaded by the patient, in particular through the manner in which the findings are ascertained, consultation, treatment and documentation, it is possible in individual cases for consultation to remain exclusively via the dermanostic platform. The special consultation of the patient necessary in this context about the particularities of an exclusive consultation and treatment via communication media is carried out solely by the treating dermatologist. For quality assurance of the diagnoses made, the interdisciplinary expert panel of the practice of Dr. Lang is consulted if the treating dermatologist wishes to consult an expert opinion on his diagnosis. As part of the medical follow-up, the patient may be contacted by our medical staff if desired.

§ 2 Offer and conclusion of contract.

1. By using the platform/app provided by Dermanostic GmbH, a contract of use is concluded with the patient. The patient agrees that Dermanostic GmbH mediates the conclusion of a treatment contract between the patient and the dermatologist.

2. The provider and executor of the teledermatological consultation is exclusively the dermatologist. The services offered by the dermatologist are non-binding and subject to change. The patient accepts the respective offer by uploading the photographs of his skin problem and answering the questions asked during the teledermatological consultation. The treating dermatologist is entitled to accept the Patient's offer within 24 hours.

§ 3 The performance of teledermatological consultation.

1. First of all, the user must agree to the General Terms and Conditions and to the data processing associated with the transmission of the request. This is done by giving explicit consent by selecting the appropriate items. In addition, the user can consent by selecting accordingly the marketing analysis, the newsletter as well as the product development (training of an artificial intelligence for image recognition).

2. The use of the services of Dermanostic GmbH and the practice of Dr. Lang as well as the communication with the dermatologist are carried out via an encrypted Internet connection:

3. The patient must provide the treating dermatologist with the information necessary for the fulfillment of the treatment contract (surname, first name, date of birth, biological sex, address, e-mail address and pictures of the skin lesion) and answer a predefined questionnaire. He will be guided through the specific request concerning him.

4. The patient then registers by providing his e-mail address and generating a password.

5. By using the button "Conclude with costs", the patient makes a legally binding offer to conclude a treatment contract for a teledermatological consultation with costs. The patient receives a notification within the app or webapp that their request has been received and will be assigned to a dermatologist. The patient has the option of printing out the contents of the automatic acknowledgement of receipt. The confirmation of receipt does not constitute acceptance of the patient's application. This is done by the respective dermatologist.

6. After accepting the Patient's request, the respective dermatologist shall immediately assess the Patient's photographs and answers sent to him/her. As soon as the treatment report is completed or there is a query, the patient receives a push message, via updates regarding his treatment status by means of his identification data (e-mail address and password) provided during the initial registration, the patient can view the findings concerning him within the app or webapp.

7. The contractual partners of the treatment contract are the patient and the jointly responsible parties, i.e. the treating dermatologist of the Dr. Lang practice and Dermanostic GmbH. The person responsible for fulfilling the obligations arising from the treatment contract is exclusively the respective dermatologist. Medical aftercare will be provided by the medical staff of dermanostic GmbH if requested by the patient.

6. The obligations arising from the treatment contract are to be fulfilled exclusively by the respective dermatologist. In the event of a breach of contractual obligations by the dermatologist, both the practice of Dr. Lang and dermanostic GmbH shall be jointly responsible. Dermanostic GmbH considers itself obligated to forward inquiries or complaints of the patient or the dermatologist to the respective party.

§ 4 Prices/Payment.

1. The remuneration for the dermatologist's consultation services is calculated on the basis of the German Fee Schedule for Physicians (GOÄ) as amended from time to time.

2. The amount of the remuneration will be disclosed to the patient before the use of the teledermatological consultation within the app or webapp "dermanostic". The remuneration is owed exclusively by the patient, regardless of whether the patient receives reimbursement from his or her health insurance.

3. Billing for teledermatology consultations is done by and on behalf of the treating dermatologist. On behalf of the treating dermatologist, Dermanostic GmbH shall handle the payment transactions for him in connection with the invoice issued by the practice of Dr. Lang. This shall be done on the basis of an effective assignment of the claim by the physician to Dermanostic GmbH. All employees working for Dermanostic GmbH have been committed to data protection and are subject to the duty of confidentiality. In order to be able to use the possibility of payment processing via Dermanostic GmbH, the patient must consent to the billing and the associated data processing vis-à-vis Dermanostic GmbH and the treating dermatologist, represented by the practice of Dr. Lang.

4. The patient may choose to pay by

• credit card
• PayPal
• Apple Pay
• instant bank transfer / Klarna Pay Now

make.

5. In the case of payment by credit card, the terms of payment and use of the respective credit card provider apply in detail.

6. If the Patient decides to pay by means of a payment method offered by PayPal, the payment will be processed by the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal). The terms of use of this payment service provider apply, which are available at https://www.paypal.com/de/. If the Patient does not have a so-called PayPal account, those terms of payment apply which are retrievable at: https://www.paypal.com/de/. If the patient opts for the PayPal direct debit option, PayPal will collect the invoice amount as soon as the patient has issued a SEPA direct debit mandate, but not before the expiry of the advance information. If the direct debit cannot be honored due to a lack of sufficient funds in the account or due to the provision of incorrect bank details, or if the patient objects to the direct debit without being entitled to do so, he/she shall bear the fees incurred by the reversal of the respective credit institution if he/she is responsible for this.

If the patient chooses the payment method "PayPal invoice", the payment claim is assigned to PayPal. Before accepting the declaration of assignment, PayPal will perform a credit check using the transmitted patient data. PayPal reserves the right to refuse payment by invoice if the credit check is negative. If the payment method is approved, the invoice amount must be paid to PayPal within 30 days of receipt of the service, unless another payment deadline is specified. The debt-discharging payment is only possible to PayPal. PayPal's terms of use for invoice purchase are available at https//www.paypal.com/de/.

7. If the patient chooses to pay using Google Pay, the Terms of Use, available at https://support.google.com/, apply.

8. If the patient chooses to pay using Apple Pay, the following Terms of Use apply: https://support.apple.com/de-de/

§ 5 Obligations of Dermanostic GmbH.

1. Dermanostic GmbH provides and maintains the technical conditions necessary for the accessibility and usability of the mediation platform and the necessary connection between the server and the Internet, as far as dermanostic has influence on this. Dermanostic GmbH does not owe the success of the access to the website.

2. Dermanostic GmbH takes appropriate technical and organizational measures in accordance with Art. 32 DS-GVO and § 22 BDSG to ensure the security of processing in accordance with applicable data protection law.

3. The treating dermatologists are employees of Dr. Lang's practice, with which Dermanostic GmbH has concluded a joint responsibility agreement pursuant to Art. 26 DS-GVO. Likewise, Dermanostic GmbH maintains order processing contracts with third parties whose services are necessary for the maintenance and upkeep of the platform as well as its technical maintenance or further development.

4. Dermanostic GmbH will always drive the technical development of the Platform. In order to maintain quality standards, it is necessary to carry out regular maintenance work on the platform. Dermanostic GmbH reserves the right to carry out this work at any time, even if this temporarily interrupts access to the platform. In this case, the patient shall not be entitled to any claims for damages.

§ 6 Obligations of the patient.

1. The patient undertakes to provide only truthful information both during registration and when using the platform. He is aware that he alone is responsible for the completeness and accuracy of his information.

2. The patient is prohibited from making statements within the scope of his application or from posting content that infringes the rights of third parties. He undertakes not to violate any existing legal provisions within the scope of his application. If the patient violates these obligations, Dermanostic GmbH is entitled to terminate the user contract without notice. Further rights are reserved, in particular to injunctive relief and damages. In the event of a violation, the patient is also obligated to indemnify Dermanostic GmbH against claims for damages and reimbursement of expenses by third parties based on the patient's violation. This indemnification obligation also includes the costs of legal defense of Dermanostic GmbH. Rights of Dermanostic GmbH not expressly mentioned remain unaffected.

3. Furthermore, the patient is prohibited from impairing or endangering the usability of the platform through improper use.

4. The Patient must always carefully store his user data (password, etc.) and keep them secret. If unauthorized third parties obtain knowledge of the login data, the Patient is obliged to inform Dermanostic GmbH immediately. Dermanostic GmbH is also entitled to block the patient's access immediately in the event of violations of this obligation.

§ 7 Disclaimer.

1. Dermanostic GmbH shall be liable in accordance with the statutory provisions only in the event of intent or gross negligence in the culpable breach of material contractual obligations.

2. In the case of simple negligence, liability exists only

• for damages resulting from injury to life, body or health,
• for damages from the not insignificant violation of an essential contractual obligation, whereby in these cases the liability of dermanostic is limited to the replacement of the foreseeable, typically occurring damage.

3. The patient has to prove a possible fault of dermanostic GmbH.

4. Dermanostic GmbH shall not be liable in any case for any damages, regardless of the legal reason, which have their cause in the treatment contract between the patient and the treating dermatologist. Dermanostic GmbH is not responsible for the conclusion of a treatment contract and does not guarantee the conclusion of such a contract.

§ 8 Copyright.

1. With the transmission of photographs, other illustrations or texts, the patient grants Dermanostic GmbH the simple rights of use to the transmitted documents for the execution of the contract in connection with the use of the teledermatological consultation service.

2. The copyright to images, representations or texts published by Dermanostic GmbH at www.dermanostic.com or the app or webapp is the exclusive property of Dermanostic GmbH. This also applies to the exclusive rights of use. Use of the images or texts is not permitted without the consent of Dermanostic GmbH.

§ 9 Data protection.

1. The current privacy policy of the app and webapp "dermanostic" is part of these terms and conditions.

2. This privacy policy can be accessed and printed at https://dermanostic.com/datenschutz-app or https://dermanostic.com/datenschutz-webapp.

§ 10 Right of withdrawal.

1. The patient is entitled to revoke his declaration of intent directed at the use of the services of Dermanostic GmbH in accordance with the statutory provisions.

The details of this right of revocation can be found in the following revocation policy:

Cancellation Policy:.

You may revoke your contractual declaration in text form (e.g. by letter, fax or e-mail) within 14 days without stating any reasons. The revocation period begins on the day of the conclusion of the contract. The declaration of revocation is to be sent to Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf, Germany.

For the formulation of the revocation you can use the revocation form below, but you do not have to. To comply with the revocation period, it is sufficient to send the revocation in time.

In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. In the event of your effective revocation, we are obligated to immediately reimburse you for any payments we have received from you. For the repayment, we will use the payment method you have chosen, unless you have concluded a different payment agreement with us. The repayment shall be free of charge.

Insofar as we have already provided the service incumbent upon us during the revocation period, in the event of effective revocation you shall be obliged to reimburse us an amount corresponding to the services we have provided up to the receipt of your revocation.

Sample cancellation form

In the event that you wish to revoke your contractual declaration, you may use this form, but you do not have to. You can fill out this copy and send it to us.

To Dermanostic GmbH

I hereby revoke the contract I concluded for the provision of services via www.dermanostic.com or the app or webapp "dermanostic".

Personal data

Signature (only if written form is chosen).

§ 11 Other provisions.

1. If one or more provisions of these GTC should be invalid, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a legally valid provision whose economic effect corresponds as closely as possible to the invalid provision. This also applies in the event of a loophole.

2. Amendments or additions to these GTC must be made in writing. This also applies to the waiver of the written form requirement.

3. The business relationship between the Patient and Dermanostic GmbH in connection with the use of the Platform shall be governed exclusively by German law. The place of jurisdiction is the registered office of Dermanostic GmbH.

4. In accordance with § 36 VSBG, we inform you that the EU Commission provides a platform for online dispute resolution in cases of disputes in connection with online purchases, etc., in which a consumer is involved. You can reach this platform at: click here

We are not obliged to participate in this dispute resolution procedure. You can reach us at the e-mail address info@dermanostic.com.