Algemeene Voorwaarden

General Terms and Conditions of Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf for the use of the app and web app "dermanostic":

*For reasons of better readability, the simultaneous use of feminine, masculine and various forms of language is dispensed with in the following and the generic masculine is used. All references to persons apply equally to all genders.

§1 Scope of application

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 Praxis 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" for the purpose of concluding a (distance) treatment contract.

The jointly responsible parties, Dermanostic GmbH and Praxis Dr. Lang, offer patients a teledermatological consultation. The initial consultation within the framework of this teledermatological diagnosis does not require the physical presence of the patient in the Praxis Dr. Lang.

The dermatological consultation is to be carried out in accordance with the requirements of § 7 Para. 4 of the model professional code of conduct for doctors practising in Germany. The consultation may only be carried out by the dermatologists working in Praxis Dr. Lang. 2. Any deviating, conflicting or supplementary conditions of the patients shall not apply and shall not become part of the contract. This also applies if the patients refer to their conditions vis-à-vis the jointly responsible persons and the jointly responsible persons do not expressly object to the conditions. 3. By making use of the services offered by Dermanostic GmbH and Praxis Dr. Lang, the patients accept these General Terms and Conditions without restriction. 4. 4. before using the treatment offer, patients must register via the web app "dermanostic.com*" *or via the app "dermanostic " - after prior download. For the teledermatological consultation, the patients take photos of the skin areas to be examined, e.g. with their smartphones. In addition, the patients have to fill out an anamnesis form. These photos and the completed medical history form are sent to Dermanostic GmbH. 5. The specialist consultation will be carried out by the dermatologists employed by Praxis Dr. Lang within approximately 24 hours of the transmission of the photographs and the medical history form to Dermanostic GmbH. For the teledermatological consultation, the photographs and the completed medical history form of the dermatologist treating the patient will be disclosed to Dermanostic GmbH. 6. (6) In individual cases, exclusive remote treatment may remain, provided that the specialist diagnosis can already be made conclusively on the basis of the photographs and the completed medical history form, while observing the necessary medical care, in particular through the way in which the findings are ascertained, the consultation, the treatment and the documentation of the treatment process.

In this case, the treating dermatologist will inform the patient about the particularities of a purely remote treatment.

If the treating dermatologists consider a second professional assessment of the specific treatment case to be necessary, they should consult the interdisciplinary expert panel of Praxis Dr. Lang.

If medical aftercare is required, this will be carried out by medical specialists of Dermanostic GmbH on behalf of Praxis Dr. Lang. In this case, the medically trained staff will contact the patient via the app or by telephone.

2 Offer and conclusion of contract

1 By using the app or web app "dermanostic.com" provided by Dermanostic GmbH, a contract of use is concluded with the patient. 2. The activities of Dermanostic GmbH are based on a treatment contract to be concluded between the patients and Dermanostic GmbH. The Dermanostic GmbH is authorised by the Praxis Dr. Lang to submit the offer to conclude the treatment contract. 3. The services offered by Dermanostic GmbH represent a non-binding and non-binding offer to conclude a contract. The contract shall be concluded if the patient has uploaded the photographs and submitted the completed medical history form and the dermatologist confirms the conclusion of the treatment contract within 24 hours. 4. 4 The teledermatological consultation shall be carried out exclusively by the dermatologists working in the Praxis Dr. Lang.

3 Performance of the teledermatological consultation

1. the patients must consent to the General Terms and Conditions and to the data processing associated with the transmission of the request by confirming the selection field for the declaration of consent.
2. patients must provide the dermatologists in charge with the information necessary to fulfil the treatment contract (surname, first name, date of birth, biological sex, address, e-mail address and photographs of the skin lesion) and answer a predefined medical history form. The application guides the patient through the request. 3. The patients then register in the app or web app by entering their e-mail address and a password. 4. By using the button "Conclude with costs ", the patients make a legally binding offer to conclude a treatment contract for a teledermatological consultation with costs by a dermatologist of Praxis Dr. Lang. The patient will receive a notification in the app or web app that the application has been received and is being processed. 5. The confirmation of receipt does not constitute acceptance of the application. The treatment contract is only concluded as soon as Dr. Lang's practice has accepted the application. 6. (6) After acceptance of the application, the dermatologist in question will immediately examine the photographs submitted, taking into account the information provided in the medical history form. The patient will receive a push notification as soon as the treatment report has been prepared or there are any queries. Updates of the treatment status, in particular the results of the findings, can be called up via the app or web app. Registration with the identification data is required for this purpose. The contracting parties to the treatment contract are the patient and Praxis Dr. Lang. The actual implementation of the treatment contract is the sole responsibility of the dermatologists** working for Praxis Dr. Lang. The obligations arising from the treatment contract shall be fulfilled exclusively by the dermatologists** working for Dr. Lang's practice. In the event of a breach of contractual obligations arising from the treatment contract, Dr. Lang's practice shall be liable. 9.
3. if medical aftercare is required as part of the treatment, this shall be carried out on behalf of Praxis Dr. Lang by specialist medical staff of Dermanostic GmbH. In this case, the medically trained staff will contact the patient via the app or by telephone. 10. 10 Dermanostic GmbH undertakes to forward any enquiries or complaints from patients or dermatologists to the relevant party.

§ 4 Prices and payment processing

1. The remuneration for the consultation services of the dermatologists shall be based on the scale of fees for physicians (GOÄ) in the currently valid version. 2 The patients will be informed of the amount of the remuneration before using the teledermatological consultation in the app or via the web app. 3. 3 The patient owes the remuneration, regardless of whether reimbursement of the costs is possible via private or statutory health insurers or other cost bearers.

4. Dermanostic GmbH is authorised and entitled to process the payment on behalf of Praxis Dr. Lang. For this purpose, Praxis Dr. Lang shall assign its payment claims arising from the treatment contracts of the teledermatological consultation to Dermanostic GmbH by way of an assignment of claims. The liquidation shall be prepared by Dermanostic GmbH individually according to the information provided by the dermatologists of Praxis Dr. Lang. As the contractual partner of the patients, Dermanostic GmbH shall remain solely responsible for the correctness of this invoicing and the amount of the fee. 5.
5. by concluding the teledermatological treatment contract, the patient agrees to the assignment of the payment claim arising from the treatment contract to Dermanostic GmbH.
6. Dermanostic GmbH undertakes to process the personal information in accordance with data protection regulations.
7. Dermanostic GmbH participates in the following payment procedures:

• Credit card

• PayPal

• Apple Pay

8. payment can only be made via the aforementioned payment methods. (9) In the event of payment by credit card, the terms and conditions of payment and use of the respective credit card provider shall apply in detail.
9. if the patient decides to pay using 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/webapps/mpp/ua/useragreement-full . If the Patient does not have a so-called PayPal account, those payment conditions apply which are available at: https://www.paypal.com/de/webapps/mpp/ua/privacywax-full . 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 honoured 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, the Patient shall bear the fees incurred by the respective credit institution as a result of the chargeback if the Patient is responsible for this. 11. If the patient chooses the payment method "PayPal invoice", the payment claim is assigned to PayPal. Before accepting the declaration of assignment, PayPal will carry out a creditworthiness check using the transmitted patient data. PayPal reserves the right to refuse payment by invoice if the creditworthiness 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. Payment in full discharge of debt is only possible to PayPal. PayPal's terms of use for purchase on account are available at https//www.paypal.com/de/webapps/mpp/ua/pui-terms.
10. if the patient decides to pay via Google Pay, the terms of use, available at https://support.google.com/pay/answer/7020860?hl=de .
11. if the patient chooses to pay via Apple Pay, the following terms of use apply: https://support.apple.com/de-de/HT201469 .

§ 5 Obligations of Dermanostic GmbH

1 Dermanostic GmbH has implemented suitable technical and organisational measures to ensure the accessibility and usability of the app and the web app "dermanostic ". Insofar as the availability of the app or web app is dependent on the services of third parties (in particular telecommunications providers), Dermanostic GmbH accepts no liability for availability. Dermanostic GmbH does not owe the success of access to the website or the app. 2. Dermanostic GmbH will always drive forward the technical development of the app and the web app "dermanostic". In order to maintain quality standards, it is necessary to carry out regular maintenance work on the app and the "dermanostic" web app. The Dermanostic GmbH reserves the right to carry out this work at any time, even if this temporarily interrupts access to the app and the "dermanostic" web app. Patients shall not be entitled to any claims for damages in this case.

6 Obligations of the patients

Patients undertake to provide truthful information both when registering and when using the app and the "dermanostic" web app. They are aware that they alone are responsible for the completeness and accuracy of the information provided. 2. Patients are prohibited from making statements or posting content within the scope of the application that unlawfully infringes the rights of third parties. In the event of a breach of this obligation, Dermanostic GmbH shall be entitled to terminate the user contract without notice and Praxis Dr. Lang shall be entitled to terminate the treatment contract without notice. Further rights are reserved, in particular to injunctive relief and damages. In the event of a breach, the patients undertake to indemnify Dermanostic GmbH and/or Praxis Dr. Lang against claims for damages and reimbursement of expenses by third parties in connection with the breach. This indemnification obligation also includes the costs of legal defence of Dermanostic GmbH and/or Praxis Dr. Lang. Any rights of Dermanostic GmbH and/or Praxis Dr. Lang not expressly mentioned shall remain unaffected. 3. Patients are prohibited from impairing or endangering the usability of the app and the "dermanostic" web app through improper use. 4. The user data (password etc.) must always be carefully stored and kept secret. If unauthorised third parties obtain knowledge of the login data, Dermanostic GmbH must be informed immediately. In the event of breaches of this obligation, Dermanostic GmbH shall also be entitled to block the patient's access immediately.

§ 7 Exclusion of liability

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

• for damages resulting from injury to life, limb or health,
• for damages arising from the not inconsiderable breach of an essential contractual obligation, whereby in these cases the liability of Dermanostic GmbH shall be limited to compensation for the foreseeable, typically occurring damage.

3. Dermanostic GmbH shall not be liable for any damages in connection with the execution of the treatment contract between the patients and the treating dermatologists of Praxis Dr. Lang. Dermanostic GmbH** is not responsible for the conclusion of a treatment contract and does not guarantee the conclusion of such a contract. 4.
4. Dermanostic GmbH shall be liable for any damages arising from the effectively concluded treatment contract in accordance with the statutory provisions.

8 Copyright

1. with the transmission of photographs, other representations 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 utilisation of the teledermatological consulting service. 2 The copyright to images, representations or texts published by Dermanostic GmbH at www.dermanostic.com or the app or webapp shall belong exclusively to 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

This data protection declaration can be viewed at https://dermanostic.com/datenschutz-app or. https://dermanostic.com/datenschutz-webapp and can be printed out.

§10 Right of withdrawal

Patients are entitled to revoke their declaration of intent to use 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 instructions:

Cancellation policy: **

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

You can use the cancellation form below to formulate the cancellation, but you do not have to do so. The timely dispatch of the revocation is sufficient to meet the revocation deadline.

In the event of an effective revocation, the services received by both parties must be returned and any benefits derived must be surrendered. In the event of your effective revocation, we shall be obliged to reimburse you without delay 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, you are obliged, in the event of effective revocation, 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 in this copy and send it to us.

To Dermanostic GmbH

I hereby revoke the contract concluded by me for the provision of the

services via www.dermanostic.com or the app or webapp "dermanostic".

Personal data

Signature (only if written form is chosen).

§ 11 Other provisions

If one or more provisions of these General Terms and Conditions 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 shall also apply in the event of a loophole. 2. 2 German law shall apply exclusively to the business relationship between the patient and Dermanostic GmbH in connection with the use of the app and the web app "dermanostic". The place of jurisdiction is the registered office of Dermanostic GmbH. 3. 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. involving a consumer. You can reach this platform at: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE

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