Terms

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 of application

1 These General Terms and Conditions of Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf, represented by the Managing Director, Mr. Ole Martin, M.D., Register Court. Düsseldorf Local Court, HRB 89284 (hereinafter: GTC) and the jointly responsible practice Dr. Lang - specialist for Dermatology, Merowingerplatz 1, 40225 Düsseldorf, represented by Dr. med. Estefanía Lang, apply both to the use of the website www.dermanostic.com as well as for the use of the app and Webapp "dermanostic".

As joint responsible parties, Dermanostic GmbH and. the practice Dr. Lang patients to come into the benefit of a teledermatological consultation to come, without the practice of the Treating dermatologist to visit. The dermatological consultation dermatological consultation is, however, subject to the dermatologist ensuring that the ensures that the requirements of § 7 Paragraph 4 of the of the Model Code of Professional Conduct for physicians practicing in Germany. Physicians working in Germany are maintained.

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

3 With the use of the offer of the Dermanostic GmbH and the Practice Dr. Lang, the patient recognizes these terms and conditions without restriction.

4. to use the mediation offer of dermanostic registered the patient first on the website in the web app or after downloading the Downloading the app when calling the same for the first time. Then the patient can the patient photos of the skin problem that causes him to a that prompted him or her to make use of the service and to fill out a fill out a questionnaire about the medical history. Within 24 hours, the patient receives patient receives a consultation from a dermatologist practicing in Germany. specialist consultation. If, in the opinion of the attending physician and the findings of the photographs uploaded by the patient provide the necessary uploaded photographs, the required medical diligence can be observed in particular by the way in which the findings are ascertained, consultation, treatment and documentation, treatment as well as documentation, it is possible in individual cases to consultation via the platform of dermanostic can remain in individual cases. dermanostic in individual cases. The necessary in this context special consultation of the patient about the particularities of an and treatment via communication media is carried out solely by the is carried out solely by the treating dermatologist. For quality assurance of the diagnoses made, the interdisciplinary panel of experts of the practice of Dr. Lang's practice, if the dermatologist in charge of the patient's would like to consult an expert opinion on his diagnosis. Within the framework medical aftercare, the patient can be contacted by our medical Specialist staff to be contacted if desired.

§ 2 Offer and conclusion of contract

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1 With the use of the platform / app provided by Dermanostic GmbH Platform / App comes a contract of use with the patient. The patient agrees that the Dermanostic GmbH mediates the conclusion of a treatment contract between the patient and the dermatologist. Patient and the dermatologist.

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

§ 3 The implementation of the teledermatological consultation

1. first, the user has read the general terms and conditions and in the data processing associated with the transmission of the application. consent. This is done by giving explicit consent by selecting the appropriate items. In addition, the user may opt out of the marketing analysis, the newsletter and the 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 take place via an encrypted internet connection:

3. the patient must provide the treating dermatologist with the information necessary to fulfill the Treatment contract necessary information (surname, first name, Date of birth, biological sex, address, e-mail address, and Images of the skin lesion) and answer a and answer a predefined questionnaire. He will be guided through the specific request.

4. the patient then registers by providing his or her E-mail address and generating a password.

5. by using the button "Conclude with obligation to pay", the patient makes a Patient a legally binding offer to conclude a treatment contract for a fee-based teledermatological consultation. consultation. The patient receives a notification within the app or web app that their application has been received and assigned to a Dermatologist is assigned. The patient has the option of Print the contents of the automated receipt. The does not constitute acceptance of the patient's request. the patient's request. This is done by the respective dermatologist.

6. after acceptance of the application of the patient the respective Dermatologist immediately the photographs and Answers of the patient. As soon as the treatment report is completed is completed or there is a query, the patient will receive a push message, informing him/her of any updates regarding his/her status via the identification data (e-mail address and password) (e-mail address and password), the patient can view the findings relating to him or view the findings concerning him within the app or webapp.

7. contractual partners of the treatment contract are the patient and the jointly responsible, i.e. the treating dermatologist of the Practice Dr. Lang as well as the Dermanostic GmbH. The person responsible for for the fulfillment of the obligations arising from the treatment contract is the respective dermatologist. Medical aftercare is provided by the medical staff of dermanostic GmbH, if this is desired by the patient. this is desired by the patient.

6. the obligations from the treatment contract are to be fulfilled exclusively by the respective dermatologist to fulfill. In the event of a breach contractual obligations by the dermatologist is both the practice Dr. Lang as well as Dermanostic GmbH as the bearer of joint responsibility. Dermanostic GmbH considers itself obligated to, to forward inquiries or complaints of the patient or the dermatologist to the respective respective appropriate party to forward.

§ 4 Prices/Payment Processing

1. the remuneration for the consulting services of the dermatologist calculated from the scale of fees for physicians (GOÄ) in the current version. valid version.

2. the amount of the remuneration will be communicated to the patient before the utilization the teledermatological consultation within the app or web app "dermanostic" announced. The remuneration is owed exclusively by the owed by the patient, regardless of whether the patient receives a reimbursement by his health insurance receives.

3. invoicing for the teledermatological consultation is carried out By and on behalf of the treating dermatologist. On behalf of the dermatologist, Dermanostic GmbH shall handle the payment transactions for the payment transactions in connection with the invoice issued by Dr. Lang's practice. invoice issued by the practice of Dr. Lang. This is done on the basis of an effective assignment of the claim by the physician to Dermanostic GmbH. All employees of Dermanostic GmbH have been committed to data protection and are 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 provide Dermanostic GmbH and the Dermanostic GmbH and the dermatologist treating the patient, represented by represented by the practice of Dr. Lang, consent to the billing and the associated Data processing consent.

4. the patient can make the payment by means of

  • Credit card
  • PayPal
  • Apple Pay
  • Instant bank transfer / Klarna Pay Now

make.

5. in the case of a payment by credit card apply in detail the Payment and usage conditions of the respective credit card provider.

6. if the patient decides for a payment by means of one of PayPal offered payment method, the payment processing is carried out via the the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A, 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: PayPal). It Terms of Use of this payment service provider apply, which are are available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full. If the patient does not have a so-called PayPal account, the terms of payment apply. Terms of Payment, 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 collects the PayPal collects the invoice amount as soon as the patient issues a SEPA direct debit mandate has been issued, but not before the expiry of the advance information. If the direct debit cannot be processed due to insufficient account coverage or due to the specification of incorrect bank or if the patient objects to the direct debit without being entitled to do so, without being entitled to do so, he/she shall be liable for the fees incurred by the respective the respective credit institution if he/she is responsible for this. this has to represent.

If the patient chooses the payment method "PayPal invoice". the payment claim is assigned to PayPal. Before accepting the Assignment declaration PayPal carries out a credit check using the transmitted Patient data through a credit check. PayPal reserves the right to payment by invoice if the credit check is negative. runs negatively. If the payment method is approved, the the invoice amount is to be paid to PayPal within 30 days of receipt of the service unless another payment term is specified. The debt-discharging payment is only possible to PayPal. The PayPal terms of use for the purchase of invoices are available at at https//www.paypal.com/de/webapps/mpp/ua/pui-terms.

7. if the patient decides to pay by Google Pay, the terms of use apply, available at https://support.google.com/pay/answer/7020860?hl=de.

8. if the patient chooses the option of payment via Apple Pay, the following terms of use apply: https://support.apple.com/de-de/HT201469

§ 5 Obligations of dermanostic GmbH

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

2. the 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. ensure.

3. the treating dermatologists are employees of the practice of Dr. Lang, with whom Dermanostic GmbH has concluded a contract for joint Responsibility according to Article 26 DS-GVO has concluded. Likewise Dermanostic GmbH also maintains order processing agreements with third third parties whose services are used for the maintenance and upkeep of the and maintenance of the platform as well as its technical are necessary.

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

§ 6 Obligations of the patient

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1. the patient commits itself, both with the registration and the use of the platform exclusively truthful information. information to make. It is known to him that he is solely responsible for the completeness and accuracy of his information is solely responsible.

2. the patient is forbidden to make statements in the context of his application or to post content that infringes the rights of third parties. impair. He undertakes not to violate any violate any existing legal provisions. If the patient violates violates these obligations, Dermanostic GmbH is entitled to terminate the termination of the contract of use. Further rights remain reserved, in particular to injunctive relief and damages. In the event of case of a violation, the patient is also obligated to indemnify Dermanostic GmbH from claims for damages and reimbursement of expenses of third parties, which are based on the patient's violation. This obligation also includes the costs of the legal defense of Dermanostic GmbH. legal defense of Dermanostic GmbH. Rights of Dermanostic GmbH not expressly Rights of Dermanostic GmbH remain unaffected.

3. the patient is also prohibited, through improper use of the platform use of the platform to impair or endanger its usability. endanger.

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

§ 7 Disclaimer

1. the Dermanostic GmbH clings according to the legal regulations provisions only in the case of intent or gross negligence in the culpable culpable breach of essential contractual obligations.

2. in the case of ordinary negligence, liability exists only

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  • for damages arising from injury to life, body or health,
  • for damages arising from the not insignificant breach of a material contractual obligation, whereby in these cases the liability of dermanostic is limited to compensation for the foreseeable foreseeable, typically occurring damage is limited.

3. any fault of Dermanostic GmbH has to prove the patient. prove.

4. the Dermanostic GmbH is responsible in no case for any damage, irrespective of the legal basis, which have their cause in the treatment contract between the patient and the treating dermatologist have. The Dermanostic GmbH is not responsible for the conclusion of a treatment Treatment contract and does not guarantee the conclusion of such a contract.

§ 8 Copyright

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

2. the copyright to images, representations or texts that the Dermanostic GmbH at www.dermanostic.com or the app or webapp. is entitled exclusively to the Dermanostic GmbH. This also applies to the exclusive rights of use. A use of the images or texts is not permitted without the consent of Dermanostic GmbH is not permitted.

§ 9 Data protection

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

2. this privacy policy can be downloaded at https://dermanostic.com/datenschutz-app or https://dermanostic.com/datenschutz-webapp retrieved and printed be printed.

§ 10 Right of withdrawal

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

The details of this right of withdrawal can be found in the following Cancellation policy to be taken:

Revocation policy:

You can cancel your contract within 14 days without giving of reasons in writing (eg by letter, fax or e-mail). The revocation period begins with the day of the conclusion of the contract. The declaration of revocation is to be addressed to Dermanostic GmbH, Merowingerplatz 1, 40225 Düsseldorf, Germany.

For the formulation of the revocation, you can use the below Revocation form to use, but do not have to. To meet the Revocation period is sufficient to send the revocation.

In the event of a valid revocation, the services received by both parties are to be mutually received services and, if applicable, benefits drawn. surrendered. We are in the case of your effective revocation obliged to you the payments that we have received from you, immediately. For the repayment we will use the you have chosen, unless you have concluded a different payment agreement with us. concluded a different payment agreement. The repayment takes place free of charge.

Insofar as we have during the revocation period already provided the service, you are in the case of the effective revocation, you are obliged to reimburse us an amount that corresponds to the services that we have provided until the receipt of your revocation. provided.

Sample cancellation form

In the event that you wish to revoke your contractual declaration, you can 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 concluded by me for the the provision of services via www.dermanostic.com or the app or webapp "dermanostic".

Personal data

Signature (only if written form is chosen)

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§ 11 Other provisions

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1. if one or more provisions of these terms and conditions should be ineffective should be invalid, the remaining provisions shall remain unaffected. The parties undertake to replace the ineffective provision by a legally legally effective, the economic success of the invalid provision as far as possible. the ineffective provision as far as possible. This shall also apply in the event of a loophole.

2. changes or additions to these GTC require the written form. This also applies to the waiver of the written form requirement.

3. on the business relations of the patient and the Dermanostic GmbH in connection with the use of the platform is exclusively German law is applicable. The place of jurisdiction is the registered office of Dermanostic GmbH.

4. in accordance with § 36 VSBG we inform you that the EU Commission a platform for online dispute resolution in cases of Disputes in connection with online purchases etc. holds ready, in which a consumer is involved. This platform can be reached 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. obligated. You can reach us at the e-mail address info@dermanostic.com.