Welcome to Docs4D, the digital health HCP for efficient and needs-based patient care. These General Terms and Conditions (“Terms of Use”) constitute the framework agreement between you and Docs4D GmbH as the provider of the Docs4D HCP and explain the conditions under which you may use the Docs4D HCP. Please read the Terms of Use carefully to ensure you understand each provision, as you accept these Terms of Use by registering, installing, and using the Docs4D HCP. If you do not accept the Terms of Use, you may not use the Docs4D services.
DEFINITIONS
“App User” is any user of the Docs4D Guardian App (Patient).
Blockchain technology (“Blockchain”) is an optional service that is not mandatory to book. The service provider decides on their own whether to use the blockchain solution and to make it part of these General Terms and Conditions.
“Privacy Policy” refers to our statement issued to you as the intended user of the Docs4D HCP, describing how we collect, use, and store your personal information and informing you about your comprehensive rights.
“Service Provider” refers to you or any other doctor, clinic, health facility, or other healthcare professionals acting alone or on your behalf or on behalf of another doctor, clinic, or health facility (intended user).
“Docs4D Guardian App” refers to the mobile Docs4D Guardian Application for patients who want to use the services offered by Docs4D.
“Docs4D Store” is the platform operated by Docs4D, which – once available – provides digital care concepts (care plans) for treating your registered patients via the Docs4D HCP.
“Docs4D HCP” is the Docs4D web HCP intended for professional use by HCP users and serves as an interface between HCP users and patients as app users.
“Docs4D PWA” refers to the Docs4D Progressive Web App application for patients who want to use the services offered by Docs4D via the PWA and not via the Docs4D Guardian App.
“Docs4D Services” refers to the services, functionalities, and other offerings that are provided to HCP users via the Docs4D HCP and/or to app users via the Docs4D Guardian App.
“Docs4D Tools” means the Docs4D Guardian App and Docs4D HCP together.
“Terms of Use” refers to these Terms of Use for using the Docs4D HCP.
“Docs4D” means Docs4D GmbH, Germany.
“HCP User” refers to you or any other service provider using the web-based Docs4D HCP.
“Registered Patient” is any app user who is being treated by the service provider and is connected to them via the Docs4D HCP.
GENERAL
Docs4D GmbH, a company registered at the Wittlich District Court under registration number HRB 45209 with its headquarters at Am Trimmelter Hof 66, 54297 Trier, Germany (“Docs4D” or “we”, “us”, “our”), offers and operates an interactive healthcare platform (Docs4D HCP) and a mobile application (Docs4D Guardian App), which enable access to Docs4D Services. Docs4D is a digital health HCP and data platform that enables efficient and needs-based patient care. It provides interaction and networking of patients with various actors in the entire healthcare sector through various microservices. With Docs4D, you can interact with your patients and support them during treatment. While you as a service provider access Docs4D via the Docs4D HCP, your patients can use Docs4D via the Docs4D Guardian App. The goal of Docs4D is to consolidate all of a patient’s health data and summarize all medical treatments, medical opinions, and processes in one secure place. To use the Docs4D HCP, you will receive access data after successful installation of the Docs4D HCP. Installation can be done onsite or based on a cloud solution, depending on the agreement with Docs4D. Additionally, your patients need to register in the Docs4D Guardian App and connect with you to use the Docs4D Services. For registration and connection purposes, the Docs4D HCP provides you with the ability to generate a code for the patient.
SCOPE
The use of the Docs4D Guardian App is always subject to these Terms of Use. No conflicting or differing conditions apply. Please note that you must accept these Terms of Use before you can first use the Docs4D Services. Completion of the registration process is not possible without your agreement to the Terms of Use.
OUR PRODUCT
The Docs4D HCP enables you to track and monitor the health data of your registered patients using a single digital health platform. With the Docs4D HCP, you have all data such as diagnoses, medications, vital signs, therapy, and care plans of your registered patients at hand. Docs4D HCP has been developed to digitalize your anamnesis and treatment to contribute to the improvement of your therapy outcomes. Digital tracking with Docs4D allows for the review and prioritization of your registered patients. Additionally, complications and side effects can be detected. You also have the opportunity to provide your registered patients with information, therapy, and care plans, etc., or manage reimbursement processes with payers.
MEDICAL PRODUCT
The Docs4D HCP is a medical product classified according to European regulations for medical products and is marked with a CE mark as a MDR class I. This means that we have successfully completed a legally required conformity assessment procedure confirming the HCP’s compliance with the basic requirements. Under certain conditions, Docs4D can also be provided as a non-medical product variant that does not offer all services but only adapted functionalities. Not all functions of the Docs4D HCP are classified as part of the medical product. For further information, please read the instructions for use.
PROTECTING YOUR DATA
For us at Docs4D GmbH, protecting your privacy and all personal data is of great importance and significance. We are aware of the responsibility that arises from your trust in providing and storing your personal data in the Docs4D HCP. Therefore, our technology systems used for the Docs4D Services are aligned to the highest standards. Please read our Privacy Policy carefully to understand the purposes and the way we collect, process, and protect your data. After reading the Privacy Policy, you will have the opportunity to consent to the Privacy Policy. If you give your consent, the Privacy Policy becomes part of the contract between you and Docs4D. If you do not agree, you cannot use the Docs4D HCP.
Docs4D PWA App
A progressive web app (PWA) is a website that looks and functions like a mobile app. PWAs are designed to take advantage of the native features of mobile devices without requiring a user to need an app store. The goal of PWAs is to bridge the gap between apps and traditional web by transferring the benefits of native mobile apps into the browser. The PWA is based on the technology of “React Native for Web.” “React Native for Web” is open-source software for PWA applications. To use the Docs4D PWA, patients need a computer or smartphone and an active internet connection. No app needs to be downloaded. Some of the Docs4D Guardian App services cannot be used within the Docs4D PWA, see the description below for details. The following services or specifications are involved:
- Chat with service providers;
- Video calls;
- Security PIN codes;
- Activity data tracking (e.g., using Apple HealthKit, Google Health Connect, Withings). The information about the Docs4D Guardian App also applies to the Docs4D PWA, unless otherwise described in this section.
WHAT THE Docs4D HCP OFFERS
The Docs4D HCP enables you to combine various health strands and data of your registered patients on a single platform. The Docs4D HCP offers the following services: · Direct communication with your registered patients, e.g., via video calls and chat: You and your registered patient can interact with each other in a technically secure environment to exchange questions, results, care plans, and all other information that does not require physical meetings. Your registered patient can communicate with you via the Docs4D Guardian App. Your patients can decide in the Docs4D Guardian App which data they want to share with you as the service provider and which access and communication rights they want to grant you. Based on these granted communication and data exchange rights, you can provide your registered patients with individual information, treatment plans, care plans, etc.; · Regular reminders for medication intake: You can set medication alarms to remind your registered patients to take the previously prescribed medications completely and on time; · Health check-ups through direct in-app surveys: You can request certain health parameters (e.g., blood pressure measurements) or other tasks and questions that your registered patient can respond to. You can use this to assess how your patients are doing; · Enabling the transfer of activity data for selected values from patients to the Docs4D HCP, which you can use to contextualize other information regarding the activity of your patients (transfer from Google Fit or Withings for Android devices or from Apple Health or Withings for Apple devices); · Managing your reimbursement processes with the payers (either your medical association and/or your patient’s health insurance); · The Docs4D Store allows – once available – the exchange of care plans and aims to improve therapy outcomes. You can send your registered patients your own care plans or select and send care plans from other care plan providers (e.g., medical device manufacturers) tailored to the individual situation of your patient. We are constantly working on new Docs4D Services and their improvements. Therefore, additional or improved Docs4D Services may be provided with future updates of the Docs4D HCP.
YOUR LICENSES AND RIGHTS
The rights, titles, and interests in the Docs4D Tools, Docs4D Services, all associated software, codes, methods, systems, all other materials, and the content that may be presented via the Docs4D Guardian App or accessed via the Docs4D HCP or Docs4D Guardian App, and all goodwill associated with the foregoing (“Material”) are the exclusive property of Docs4D or third parties who have provided the Material to the Docs4D Tools and granted Docs4D or your medical service provider a license (e.g., software from third parties or care plans from third parties). Except for materials provided in the care plan store, which are limited to the use of the Docs4D Services through the Docs4D Tools, these materials are protected by copyright and competition law and may not be reproduced, copied, modified, reproduced, republished, transmitted, transferred, licensed, translated, sold, or otherwise made available to third parties, whether in whole or in part, unless expressly permitted in writing or by law. Additionally, you are not permitted to take measures to circumvent or attempt to circumvent the provided security or content usage rules or to try to derive the source code from the Docs4D Guardian App. With your registration and activation of your account for the Docs4D HCP, we grant you the limited, non-exclusive, non-transferable, non-sublicensable, revocable right to store and use a copy of the Docs4D HCP and the Docs4D Services based on these Terms of Use and for the duration of our contract with you. You may not sell or transfer your personal account to a third party. Docs4D owns all confidential information, usage, exploitation, and recovery rights of the Docs4D Tools and any Material associated with the Tools. You are not permitted to use the logos, trademarks, domain names, or other commercial property rights of Docs4D.
COSTS FOR USING THE Docs4D HCP
The use of the Docs4D HCP is calculated according to the pricing model agreed between Docs4D and the service provider (excluding expenses from third parties and fees for standard internet and telecommunications providers). You can use the HCP for the duration of your contract with Docs4D. Additional services may be invoiced with the consent of the service provider. Payments for such additional services are based on the price list as specified at the time of acceptance by the service provider and are subject to applicable sales tax.
PAYMENT TERMS
Unless otherwise agreed in the pricing model between Docs4D and the service provider, all payments are due and payable upon receipt of the invoice from Docs4D. Unless explicitly stated otherwise, all prices mentioned in these Terms of Use or in the Docs4D HCP are in euros, and all payments are made in euros. Docs4D reserves the right to charge interest for late payments, which shall not exceed one and a half percent (1.5%) per month or a fraction thereof, or the statutory maximum rate for failure to make a payment within thirty (30) days of the acceptance date. The obligation of the service provider to pay all accrued fees continues even after the expiration or termination of this contract.
NO MEDICAL ADVICE
Docs4D Tools as such do not provide medical advice nor create medical diagnoses. Instead, they provide the platform to digitally monitor registered patients on their health condition and support the early detection of possible side effects. Docs4D Tools can be used by the service provider to monitor patients for potential relapses of already diagnosed conditions or diseases. For this purpose, the service also provides an indicator of the general health condition of each registered patient and notifies the service provider about changes in this condition. The Docs4D HCP can also support you by providing information to assist in medical decision-making and therapy. The Docs4D HCP is designed to provide two different types of information to your registered patients: (i) information that is freely available to all users (including self-registered users); and (ii) information that is provided to your registered patients by you as their service providers. · The information and materials that are freely available on the Docs4D Guardian App are for information and educational purposes only. They do not replace professional medical advice or treatment. · The information and materials that you provide to your registered patients on the Docs4D Guardian App (e.g., care plans) are reviewed and selected by you based on your medical diagnoses and advice that are suitable for your registered patients and their individual health situation. Docs4D therefore does not review any of the medical content and is not responsible for the medical content available in the Docs4D Tools. You as a service provider using Docs4D to interact with your registered patients and to provide them with individual treatment suggestions, care plans, or other medical advice, are solely responsible for the medical advice you provide to your registered patients through Docs4D. Docs4D does not promise or guarantee any specific health outcomes in connection with the use of the Docs4D Guardian App. Docs4D should not be used by service providers as the sole basis for diagnostic or therapeutic/treatment-related decisions. NEVER USE THE Docs4D HCP FOR MEDICAL EMERGENCIES.
WHO CAN USE Docs4D SERVICES
The Docs4D HCP can be used by you as a service provider. Your registered patients must be at least 18 years old to use the Docs4D Guardian App. Contraindications: Docs4D Tools should not be used in connection with patients whose central nervous system is impaired by a disease or corresponding conditions such that they are unable to use mobile devices unsupervised due to mental or physical impairments. Additionally, Docs4D Tools should not be used in connection with patients if another disease or condition of a patient leads to mental or physical impairments, making patients unable to use mobile devices unsupervised. You agree to use the Docs4D Tools exclusively in accordance with medical standards in routine patient care. Before using it on a registered patient, ensure that the patient is suitable for the use of the Docs4D Tools.
MAINTENANCE AND SUPPORT BY Docs4D
Maintenance and support for Docs4D Tools: Subject to the provisions and conditions set forth in this section, Docs4D provides maintenance and support services for the Docs4D Tools to service providers as follows: (i) Ensuring the installation of the Docs4D HCP and providing initial training measures or materials for Docs4D Tools at the specified location of the service provider; (ii) providing necessary support for implementing the Docs4D HCP in accordance with its documentation by providing appropriate “fixes”, “patches”, or “workarounds” for the issue or a process in subsequent release cycles of the Docs4D HCP. Future versions of the current version are provided to the service provider at no additional cost (to provide the support described in this section (ii), the service provider agrees to report an issue promptly and in accordance with the requirements set forth in the instructions for use to Docs4D. (iii) a support desk for receiving phone calls from service providers for the initial diagnosis of product issues from 9:00 AM to 5:00 PM Munich time, Monday to Friday, except on national public holidays. If Docs4D is unable after reasonable efforts to bring the Docs4D Tools to their functionality or in accordance with their documentation, this contract may be terminated with respect to the Docs4D Tools at the discretion of Docs4D (provided that all support according to this section has been provided). In this case, the service provider is not required to pay the license fee for the Docs4D Services. If this contract is terminated during the first one-year limited warranty period for a Docs4D Tool, Docs4D will refund the license fee to the service provider proportionally to the extent that the service provider has paid license fees for the Docs4D Tool or Docs4D Service. Docs4D is not liable for the misuse or alteration of the Docs4D Tools by the service provider or the alteration of the installation on-site by the service provider’s IT administration. New Docs4D Services are not included in the standard maintenance and support services from Docs4D and are offered to the service provider at the then-current published prices from Docs4D. Costs for maintenance and support: Maintenance and support during the warranty period for a Docs4D Tool, which is limited to one (1) year, is included in the license price. After the one (1) year limited warranty period, Docs4D continues to offer annual support services for service providers, providing extended maintenance and support as described in the above section. This requires that the service provider pays the annual maintenance and support fee to Docs4D in advance. Automatic renewal: The obligation of Docs4D to provide maintenance and support services and the obligation of the service provider to pay the applicable maintenance and support fees are automatically renewed on the anniversary of the acceptance unless Docs4D or the service provider notifies the other party at least thirty (30) days prior. If the annual maintenance and support fees are increased compared to the previous year, the service provider can counteract such automatic renewal by issuing a written cancellation within fifteen (15) days after receiving the invoice from Docs4D. The failure of Docs4D to provide ongoing annual maintenance and support services does not constitute a reason for termination of this contract, but rather serves as a basis for terminating the future obligations of the parties with respect to maintenance and support. Limitations of Docs4D’s obligations: The service provider acknowledges and agrees that Docs4D may develop and market new products and services that use some or all of Docs4D’s technologies and fulfill some or all functions of the Docs4D Tools. Nothing in this agreement gives the service provider any right in relation to new or other products. Obligations of the service provider: The service provider must: (i) perform routine maintenance according to the requirements of the documentation for the Docs4D Tools; (ii) ensure suitable environmental conditions at the deployment site in accordance with the documentation; (iii) allow Docs4D to install new updates of the Docs4D Tool product immediately when Docs4D requires it; (iv) allow sufficient time during normal business hours for necessary installation and training on-site; and (v) perform other routine maintenance measures that Docs4D may reasonably require from time to time. Docs4D is not responsible or liable if a third-party provider is unable to maintain or support third-party products.
HOW YOU CAN REGISTER IN THE Docs4D HCP
Before you can use the Docs4D HCP, you must register. Your registration data will be provided to you by Docs4D after the successful installation of the Docs4D HCP and after passing the product training.
CONCLUSION OF THE CONTRACT
When you complete the registration process and give your consent to these Terms of Use and the Privacy Policy, this constitutes your binding offer to Docs4D to agree to the use of the Docs4D HCP. Please note that we are not obligated to approve your registration or accept your contract offer. We may accept your offer by approving your registration data and activating your initial access to the Docs4D HCP.
HOW YOU CAN USE THE Docs4D HCP
After successful registration and activation of your account in the Docs4D HCP, you can access and use the HCP. The use of the Docs4D HCP is at your own risk. In particular, you are fully responsible for all activities that occur under your account. Personal content, such as health data, images, illustrations, photos, texts, etc., may only be stored, published, transmitted, or distributed in the Docs4D Tools if the service provider has the right to do so.
BLOCKCHAIN TECHNOLOGY
Docs4D offers service providers an additional service from the Docs4D service portfolio: blockchain technology. Blockchain technology (“Blockchain”) (European Patent No. 4 002 787) is an optional service that is not mandatory to book. The service provider decides on their own whether to use the blockchain solution and to make it part of this agreement then. The blockchain in the Docs4D system is an additional database that stores data from the application, known as a Private Blockchain (please refer to the Privacy Policy for further details). This service can be booked at any time during the contract term. The blockchain is intended to ensure data protection, specifically in terms of data integrity, the patient profile, assets, and assigned caretаsks and medications. Unlike public blockchains that are publicly accessible to everyone, private blockchains require authorization to become a user. This structure allows taking advantage of the security and immutability of blockchain technology while remaining compliant with data protection, particularly the General Data Protection Regulation (GDPR). Private blockchain records can be edited, modified, or deleted. If you as a service provider decide to book and use the blockchain technology, you hereby assure that: You have understood our explanations regarding the function, usability, storage method, transmission processes, and risks associated with blockchain technology and blockchain-based software systems; the use of blockchain technology is not prohibited under the laws of your jurisdiction or under the laws of other jurisdictions you may be subject to, and the use of this technology is in compliance with applicable laws; To the extent legally permissible: We do not guarantee and warrant that the blockchain technology operates reliably or error-free or that any errors can be corrected; and We are not responsible for the accuracy of the information within the blockchain; your decision to use blockchain technology is made at your discretion and at your own risk.
HOW YOUR PATIENT CAN REGISTER FOR THE Docs4D Guardian App
Before your patients can use the Docs4D Guardian App, they need a smartphone, an internet connection, and the operating system iOS (version 13 or higher) or Android (version 8 or higher). To download the app, they need to go to the App Store (Apple) or Google Play Store (Android) and search for the app “Docs4D.” Then they must install the app on their smartphone. Your patients will be able to register themselves at Docs4D or you as their service provider share the registration data (QR code, e.g., in an invitation letter or via the Docs4D HCP) with them. Generate QR code: To generate the registration data, you must create a new patient profile in the Docs4D HCP (“Add Patient”) or have the patient data transferred in HL7 format. After entering the required data, you must click on “Generate Registration Letter” and the Docs4D HCP will generate a QR code. Scan QR code: Your patient must allow access to their smartphone’s camera and scan the QR code by viewing the code through the screen window. Self-registration of the patient: Patients who have registered themselves for the Docs4D Guardian App can be connected to the Docs4D HCP by scanning the QR code generated after adding the patient in the Docs4D HCP (see above). With the registration, you confirm that the information provided during the registration is truthful, accurate, current, and complete. You are obligated to regularly update your personal data and the data of your facility in case of changes.
YOUR ACCOUNT
As a registered user of the Docs4D HCP, you will receive your login credentials, including a username and password. You must protect your registration data and may not share your account and login information with third parties. Additionally, you do not allow any third party to access the Docs4D HCP through your account unless required by law or explicitly permitted in these Terms of Use. Docs4D is not liable for the consequences of third-party use of your account. In particular, you are fully responsible for all activities under your account that result from unauthorized access to the Docs4D HCP or unauthorized use of the Docs4D HCP by a person to whom you have granted access to the access or login data. You will immediately notify us of any breach of the confidentiality of your login information or if you have reason to believe that a third party has accessed your account by sending us an email at service@docs4d.com.
YOUR CONDUCT
We reserve the right to temporarily exclude or permanently revoke the right to access the Docs4D HCP without prior notice and to terminate the contract with you immediately, as well as to take legal action against you in case of serious breaches of the Terms of Use by you. Serious breaches include in particular: · Providing false, incorrect, outdated, or incomplete information during the registration process; · Violating property or intellectual property rights (e.g., transmitting, copying, publishing, or selling information contained in the Docs4D HCP); · Attempting to decrypt, remove, disable, damage, circumvent, or otherwise impair the security of the Docs4D HCP; · Interrupting, destroying, or restricting the proper functionality of the Docs4D HCP; · Taking any actions that impose an unreasonable or disproportionately large data load on the infrastructure of the Docs4D HCP; · Using the Docs4D Guardian App in a way that leads to disputes, claims, fines, penalties, or other liability against Docs4D or others; · Acting unlawfully in any other way. You agree to use the Docs4D HCP exclusively in accordance with applicable laws (including labor law and data protection). You are solely responsible for all claims, charges, fines, penalties, and other liabilities that arise or result from your breach of these Terms of Use and your use of the Docs4D HCP.
DUTY TO INFORM
You agree to inform Docs4D within 24 hours of becoming aware of any “incident” and any “serious incident.” You inform Docs4D only about such incidents that may possibly, based on your assessment, be associated with the Docs4D Tools. An “incident” refers to a malfunction or deterioration of the characteristics or performance of a product already provided on the market, a deficiency of the information provided by the manufacturer, or an unexpected adverse side effect, and a “serious incident” refers to an incident that directly or indirectly had, could have had, or could have one of the following consequences: (i) death of a patient, user, or other person; (ii) temporary or permanent deterioration of the health condition of the patient, user, or other persons; (iii) serious threat to public health. You also provide Docs4D with an anonymized recording with de-identified data as soon as possible, which is necessary and relevant for Docs4D to comply with medical device regulatory reporting obligations.
COMPLIANCE
Docs4D and the service provider commit to complying with all applicable legal regulations regarding the prevention of corruption in the provision and use of the Docs4D Tools and Docs4D Services. This commitment includes in particular the prohibition of unlawful payments or the granting of other unlawful benefits to officials, business partners, other employees, family members, or other partners, and the prohibition of facilitation payments to officials or other persons. Docs4D and the service provider will support each other in measures to prevent corruption and will, in particular, inform each other immediately if they have knowledge or a concrete suspicion of corruption cases that are related to these Terms of Use, the commercial agreements, or their fulfillment in a specific context.
THIRD-PARTY LINKS AND SERVICES
The Docs4D Tools may also include certain software and/or services from third parties. In this case, the use of such software or services is subject to the terms and conditions of these third parties, and you should read them carefully before acceptance.
LIMITED WARRANTY
Docs4D warrants that the Docs4D Tools will function in accordance with the installation notice in compliance with the current documentation for one (1) year from the date of installation, provided they are properly installed and operated. In the case of security corrective measures, Docs4D (or the service provider on behalf of Docs4D) has the right to restrict access to the Docs4D Tools, update them with short notice, or take other measures if necessary. The service provider is required to inform ONCARE immediately and describe any error reasonably should a Docs4D Tool malfunction during the one (1) year period. A reasonable description also includes a description of the circumstances under which the error occurred. The only obligation of Docs4D and the only right of the service provider in this situation is to cause Docs4D to take corrective measures free of charge in accordance with the MAINTENANCE AND SUPPORT OBLIGATIONS of Docs4D set forth above. Docs4D does not guarantee that any Docs4D Tool is free from defects or that its use is uninterrupted. Docs4D is not required to remedy defects in a Docs4D Tool that cannot be reasonably reproduced. The warranties in this section do not apply to Docs4D Tools that: (i) have been modified; except by Docs4D or in accordance with the written instructions from Docs4D; (ii) are used in connection with other products other than the intended devices or other products; (iii) are operated with an abnormal or incorrect procedure/process or contrary to the instructions and warnings set forth in the instructions for use; or (iv) have been damaged by improper supply of electrical power or in an improper environment, by abuse, accident, or negligence.
LIMITATION OF LIABILITY
Docs4D is only liable for losses, damages, or injuries caused by intentional misconduct or gross negligence by Docs4D. Except in cases of intent or breach of essential contractual obligations or injury to life or health, as well as liability under the Product Liability Act, Docs4D is not liable for indirect or consequential damages. In particular, Docs4D assumes no liability for the accuracy, (medical) accuracy, or reliability of content posted, shared, or recommended by HCP users or other third parties (e.g., providers of drugs or medical devices). The service provider accepts that any reliance on material posted by HCP users or other third parties is at the service provider’s own risk. The service provider acknowledges that they are in a better position than Docs4D to take appropriate precautions to protect the service provider from loss or damage of software or data or from losses resulting from a failure of computer systems. The service provider agrees that they will: · create backup copies at reasonable regular intervals (based on the importance of the relevant software or data and the speed at which they change during use) of (i) the Docs4D Tools and Services and all related data and (ii) any other software or data installed on their systems; · implement backup systems (computer-based or manual) to enable, as far as possible, the operation of the relevant parts of the business in the event of a failure or malfunction of the used Docs4D Tools; Subject to the limitations set forth above, Docs4D is not liable for losses incurred by the service provider, to the extent that such losses could have been prevented by taking appropriate precautions in accordance with this section.
AVAILABILITY AND FORCE MAJEURE
The Docs4D Services and Docs4D Tools are designed to be available 24 hours a day, 7 days a week. We have established the Docs4D Services and Tools according to currently available technical, economic, operational, and organizational possibilities and will continue to provide them. Moreover, we reserve the right, but are not obligated, to regularly monitor and update the settings to meet current standards. However, we cannot exclude interruptions, disruptions, delays, faulty transmissions, or storage failures in the use of the Docs4D Services and Tools (e.g., during update processes) and are neither responsible nor do we guarantee or assume liability for such interruptions that may limit or prevent availability for a certain period. The same applies to temporary or permanent access restrictions or market withdrawals due to required security corrective measures on-site. We are neither responsible nor do we guarantee or assume liability for restrictions, limitations, or interruptions caused by your web provider. The same applies to any interruptions or restrictions, as long as the Docs4D HCP of Docs4D is affected by force majeure (e.g., war, acts of nature, strikes, etc.). In this case, Docs4D is relieved of any contractual obligations as long as the force majeure event continues. In this case, you can discontinue the use of the Docs4D HCP in whole or in part at any time.
CHANGES TO THE TERMS OF USE
We expressly reserve the right to change these Terms of Use in the future at our discretion. Changes or additions may be necessary, for example, to meet legal requirements, correspond to technical and economic developments, or to meet the interests of the app or HCP users. Changes are possible at any time and will be brought to your attention in a reasonable manner and within a reasonable timeframe before they take effect (e.g., through revised Terms of Use at login or by pre-announcing significant changes). We may ask you to review and explicitly agree to or reject the changed Terms of Use in some cases. In such cases, the change becomes effective at the time of your consent to the changed version. If you do not agree to the changed Terms of Use, you may not use the Docs4D HCP and the Docs4D Services.
TERMINATION
Termination by Docs4D: Docs4D is entitled to terminate this contract with a three-month (3) written notice to the service provider. Docs4D is entitled to terminate this contract by written notice to the service provider without further obligation or liability to the service provider immediately: · if the service provider is in default of payment of due amounts from this contract and this breach is not remedied within thirty (30) days after a written reminder from Docs4D or · if the service provider commits another breach of this agreement. Termination by Service Provider: The service provider is entitled to terminate this contract without further obligation or liability to Docs4D by written notice to Docs4D if Docs4D breaches an obligation from this contract and the breach is not remedied within thirty (30) days after written notification by the service provider, in which the breach is reasonably described. Consequences of Termination: If this contract is terminated for any reason, the license and all other rights granted to the service provider for the Docs4D Tools and Docs4D Services immediately expire, and the service provider ceases using the Docs4D Tools immediately. Additionally, the service provider must immediately: (i) return the Docs4D HCP along with all reproductions and modifications of the Docs4D HCP and all copies of the documentation, notes, and other materials relating to the Docs4D HCP to Docs4D; (ii) remove all copies of the Docs4D HCP or any part thereof from all intended devices and from any computer storage device or medium on which the service provider has used it by others; and (iii) provide a written certification that the service provider has fulfilled all their obligations under this section. Docs4D will provide you with a backup file of your current data in a common, readable format.
WRITTEN FORM
If the term “in writing” is used in these Terms of Use, this also includes communication by email or fax.
SEVERABILITY CLAUSE
Should a provision of these Terms of Use be declared invalid or unenforceable by a competent court, the remaining provisions shall remain in full force and effect to the extent permissible under applicable law. In place of the invalid or unenforceable provision or to fill a gap in the contract, such a valid and enforceable provision shall apply that comes closest to the economic interests of both parties.
CONTACT
If you have general questions about the Docs4D Services or specifically about the Terms of Use, please send us an email at service@docs4d.com.
CHOICE OF LAW AND JURISDICTION
Applicable law is German law, without regard to the principles of conflict of laws and excluding the application of the UN Convention on Contracts for the International Sale of Goods (1980). The place of jurisdiction is Trier, Germany.
Last updated on August 24, 2023
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