Terms of use for patient accounts of samedi GmbH

Through your registration at samedi (www.samedi.de including all associated countries and sub-domains), you agree to these General Terms and Conditions. You confirm this by clicking on it as a sign of your consent on the registration form. References to persons in these Terms of Use apply regardless of gender. For the sake of readability, multiple references are not used.

1. Scope

1.1 These terms of use and any specific product and service regulations apply to the use of the patient’s account of the Internet platform www.samedi.de (including all other associated domains of samedi, hereinafter called platform) of samedi GmbH (hereinafter called “samedi”) and all services that are offered by samedi.

1.2 Individuals can create a personal patient account as users of the platform.

1.3 Medical care providers (doctors, dentists, nonmedical practitioner, therapists, clinics) and other healthcare providers can open a user account as a customer of the platform. The relevant terms of use and contract conditions apply here, not these terms of use for patients.

1.4 Diverging and/or conflicting conditions of the users, that are in conflict with these terms of use are not part of the contract. This also applies to the case that samedi does not expressly contradict them.

1.5  samedi reserves the right to amend these Terms of Use. Purely editorial amendments, as well as amendments required by mandatory law or for security reasons that do not place the user at a disadvantage, may be made by samedi with immediate effect. Any further amendments will be notified to the user at least 30 days before taking effect via the user account or the email address stored in the user account. If the user does not object within this period, the amended Terms of Use shall be deemed accepted. samedi will expressly draw the user's attention to this consequence in the notification. In the event of an objection, the previous Terms of Use shall continue to apply; samedi shall be entitled to terminate the account in such case.

1.6 For products and services by third parties, offered on samedi, special terms can be agreed on, which then proceed to these terms of Use.

2. Subject-matter of the contract

2.1 The patient account is a service of samedi to natural persons (users) to facilitate communication with their healthcare providers such as doctors, dentists, nonmedical practitioner and therapists and other healthcare providers and to support them in their health-conscious lifestyle.

2.2 In the samedi user account, the user has the following features listed in sections 2.2.1 to 2.2.7 permanently free of charge:

2.2.1 “treatments “: This application provides the user the option to book an appointment online at medical providers (doctors, dentists, therapists, medical practitioners) and other healthcare providers who use the software samedi through the appointment booking system. If the healthcare provider uses the reminder service of the software and the user has not denied this in his account by unhooking, the user is reminded by an automatic reminder service by email or text message to inform about dates or date changes.

2.2.2 " Appointment search” - There also is a database available for specific search of medical service.

2.2.3 " Recently visited surgeries” - Furthermore, users can view the practices they last visited on the overview page.

2.2.4 “Messages” - Users can write and receive messages to and from institutions associated with you here.

2.2.5 “health record” - samedi provides this application for users for the structured and concise electronic management of their personal health data entered as by themselves on the Internet. The user has up to 50MB storage capacity. Individual or the complete information from the online health record can be released by the user to medical service providers, provided they use the samedi software, through the release mechanism.

2.2.6 „Patient Profile"- The user has the option of adding additional family members or caregivers to his account. It is possible to switch between these profiles at any time in order to, for example, book appointments for different users.

2.2.7 “Video Consultation” – Users can avail of an online audio and video function to contact doctors. Patients can chat with doctors or hold a video consultation via this function. The video consultation takes place via an encrypted connection directly between patient and doctor. The video consultations are neither recorded nor saved by Samedi.

2.3 Users alone decide whether and what data they want to enter and save in his personal patient account. The user also decides whether and what data they want to enter in his online health record in particular, which are stored there, and whether and what data he provides to whom.

2.4 However, the online health record, a message to a doctor or an online video consultation cannot replace a doctor’s visit by the user, which may be necessary in case of illness.

2.5 In an emergency contacting the medical provider through samedi messages or sending samedi data is not sufficient, since it cannot be guaranteed that the medical care providers receive the message immediately. It is therefore advised in case of emergency to contact the doctor or the emergency service directly and not via the Internet.

2.6 Services marked as “third offers”, which are not provided by samedi itself, but by a third party (third-party) do not count to the subject matter of the contract of samedi. Contractual partner of the user with respect to these benefits is only the third party. For these offers only terms and conditions of the third party apply.

3. Scope of application and conclusion of contract

3.1 The offer of samedi for the patient account is based on these terms of use for users, who are at least 18 years of age. Users in this sense are any natural person, who wants to use or uses the patient’s account for a purpose which cannot be attributed to a commercial activity, but only for private use.

3.2 Samedi provides the patient user account and the services described in sections 2.2.1–2.2.7 to the user free of charge. The user incurs no costs other than the connection charges for the Internet.

3.3  The receipt of the fully completed registration form, whether in physical or electronic form, constitutes the user's offer to enter into a user agreement. The user agreement is concluded when samedi sends its acceptance electronically to the email address provided by the user.

a) For the registration, the user firstly has to fully enter the data required into the forms provided for that purpose on the website by samedi and his/her valid e-mail address. The user guarantees that the information on and about his person within the contract, and other information relevant to the contract made by him are complete and correct. For violations samedi is entitled to terminate the patient-user account and delete them. By clicking on the local control fields these are marked and the user accepts these declarations. They must declare their agreement with these terms of use and acknowledge the privacy policy. The application is then submitted by clicking on the button and sent to samedi.

b) The user is informed of the acceptance of the contract by samedi through a confirmation email to the email address specified by him. The e-mail includes a link to the patient account of the user.

3.4. Employees of samedi are not authorized to make verbal agreements or assurances, which go beyond the content of the form and its acceptance by samedi.

3.5  If the user uses the patient user account commercially or independently for professional purposes contrary to No. 4.1, this is done at their own risk. In this case, samedi shall not be liable for any damages incurred. The user is obliged to compensate samedi for any damages incurred in this respect.

4. Scope of services

4.1 samedi allows the user to time-and location-independent access to the data stored by the user in the patient’s account in the different areas of data over the Internet as part of its technical and operational capabilities (documentary feature).

4.2  The samedi patient user account is an internet service that can be used with the latest versions of common web browsers. Internet connection, device, and browser are not part of the contract. samedi can be accessed through the given email address and a personal password as selected by the user. The complete data storage and communication is managed via external servers which have been hired for the service of samedi. Access to the patient account by the user cannot be guaranteed at any given time.

4.3 samedi provides the user a patient account including a module that allows the user to schedule appointments or make contact online with those practices, clinics or other service provider connected via the Internet software samedi. The performance of samedi is limited to the provision of the module on the Internet. The treatment in the practice or clinic and communication between doctor/service providers and users, including the scheduling is not subject to the relationship between users and samedi.

4.4 samedi shall provide updates during the provision of the service which are necessary to maintain the contractual conformity, security, and functionality of the service. If an update requires the user's cooperation, samedi shall inform the user thereof. If the user fails to implement the update within a reasonable period of time despite being notified, samedi shall not be liable for any lack of contractual conformity based solely on this failure. Server-side updates will be installed without the user's involvement. This may result in temporary restrictions.

4.5 samedi may change functions, interfaces, and technical components of the web service if there is an objective reason for doing so (security, legal changes, technical developments, prevention of misuse, adjustments to system environments) and the changes are reasonable for the user.

4.6 If the service is defective, the statutory rights apply. samedi will process complaints within the framework of the statutory provisions primarily by means of remedy/subsequent performance; further statutory rights remain unaffected.

5. Contribution and responsibility of the user

5.1  The cooperation of the user is required both at the beginning of the usage relationship and throughout the entire term of the contract in order to ensure its successful implementation.

5.2 The user alone is responsible for the registration and updating his/her health records in the electronic forms provided for this purpose in his health record (which is a part of the patient’s account). He is responsible for the quality of the health data deposited by him. In particular, he/she should ensure the correct use of pre-structured electronic questionnaires by samedi.

5.3 samedi shows the user the health information, which is entered, amended and updated in an electronic data sheet. The user should check the electronic data control sheet for correctness and speak to a doctor of his/her choice at the next opportunity.

5.4 Completeness, accuracy and timeliness affect the value of the contractual services. The user deletes, changes and hides possibly treatment-related data at his/her own risk. He discharges samedi of claims by third parties who have trusted in such completeness, accuracy and timeliness despite the user deleting, altering or concealing the data inserted by the user in the health record.

5.5 With regard to the video consultation function, samedi exclusively provides the use of the platform. Samedi is not responsible for the content of the communication between doctor and patient. The use of Samedi (e.g. for appointments, messages and video consultations) does not replace traditional visit to a doctor. In case of emergency, the patient must contact a local doctor or an emergency department. samedi’s service provision is limited by the professional legislation and limitations which govern the provision of medical care via the internet.

5.6  If the user culpably violates obligations under this section, they shall be liable in accordance with statutory provisions and shall compensate samedi for any damage caused thereby. The user's statutory claims against samedi remain unaffected. Any contributory negligence on the part of the user shall be taken into account.

5.7 The user is strongly advised to change his/her used password regularly, use a daily updated anti-virus, anti-spyware and firewall software, and in particular to enter their personal login data only directly through the official website of samedi.

6. Advertisement

6.1 On the websites of samedi, samedi may place their own advertising and advertising services from third parties. Both banners as well as pop-up windows or similar techniques can be used.

6.2 samedi informs the user on the sides of the patient’s account on services from third parties. These third parties are responsible for their offers itself as determined in section 3.6.

6.3 Advertising is made recognizable as such.

7. Duration, amendment and cancellation

7.1 If at least three years since the last access of the user to his patient account has passed, the patient account including the area of the health record may be deleted if it is accessed by the user within a further six weeks. The user will be notified of this by e-mail. This e-mail will be sent to the user using samedi’s last known e-mail address.

7.2  In addition to the cases of termination of the user agreement by samedi provided for in these Terms of Use, samedi may terminate the agreement with six weeks' notice. samedi's right to terminate the agreement without notice for good cause remains unaffected.

7.3  The user can terminate the contract at any time in their user account. In addition, a request for deletion can be sent to samedi at any time.

8. Access identification of the user, dealing with login and password recovery

8.1 The user and authorized persons by him/her are required to protect their credentials (password, username) carefully like valuables against unauthorized access by third parties. In particular, the user must change the password immediately if he/she suspect that an unauthorized person has knowledge of the password. The user is strongly advised to change his/her password regularly, to use a daily-updated antivirus, anti-spyware and firewall software, and in particular to enter their personal login only directly through the official website of samedi. The user is obliged to replace any damage culpably caused to samedi resulting from the unauthorized use of the password.

8.2 If the user has forgotten his password, he/she can use the password reset via an online form indicating the e-mail address stored in the patient account. The user will receive a link to an online form in which he can reset his password. Should no valid e-mail address be linked to the user account from the user, the user loses any other possibility to access its online services provided by samedi.

8.3 If the user forgets or loses the user’s access codes or parts of it, he/she has entered an invalid e-mail address or the e-mail address is invalid, no new access codes can be sent to him/her by e mail. Therefore, the user loses any further possibility to access its online services provided by samedi. samedi is not obliged to provide users with alternative ways to get a new access code or to save a new email address.

8.4 Where reasonable suspicion of an attempted abuse or an abuse already taken place for the access-ID of a user, samedi is entitled to cancel the patient’s account of the respective user. This is especially true if an incorrect password has been entered three times in succession. Thus, at first no access by users or third parties is possible. samedi will carry out an unlocking, when no longer reasonable suspicion exists, especially if the user wishes an unlocking in a physical or electronic form, stating his/her last known e-mail address to samedi and the authenticity of this declaration is sufficiently assured.

9. Communication between samedi and users

9.1 Unless otherwise stated, the communication between user and samedi is generally carried out electronically through the Internet services. Electronically in the sense of these terms and conditions means the communication by e-mail, online or in a similar way, but requires not an electronic form in according to § 126a BGB.

9.2 samedi is authorized to issue any statements/notifications to the user via e-mail to the user’s last stored e-mail address in the patient account.

9.3 The user must use the methods of communication described in these terms and conditions, in order to lodge declarations, in particular, he must use the appropriate Internet services and enter the necessary data for identification purposes.

a) The cancellation of the user agreement and the related deletion of the patient’s account by the user is possible via the online patient account. In the case of cancellation in text form, samedi sends a confirmation request e-mail to the user’s registered e-mail address to verify the correct identity of the user. The user must respond to this confirmation request e-mail from samedi GmbH so that the identity and cancellation can be clearly confirmed and samedi GmbH can permanently delete the user’s user account.

b) The user has to confirm his contractually relevant explanations on request of samedi in conventional written form, should this be required by law.

10. Property rights, copyrights and rights of use; legal barriers of content

10.1 samedi does not give the user any ownership, copyright or other proprietary rights of the program functions of the patient’s account. Where it is necessary for the fulfilment of the contract users, the user is granted a non-exclusive license in this respect.

10.2 The user shall ensure that the data entered under his access code meets the legal requirements applicable if necessary, in particular that not violate property rights, copyrights and other intellectual property rights of a third party or criminal laws. The user shall free samedi from all third-party claims, which may derive from the aforementioned rights violations against samedi. samedi has the right to block or delete the contents and user data provided by users if this is required by law or judicial or administrative order.

11. Warranty and Liability

11.1 The contents of the patient user account are managed exclusively under the user's own responsibility. samedi has no influence on the accuracy, timeliness and completeness of the data of the user. samedi is therefore not liable for damages arising out of the inaccuracy or incompleteness of this data.

11.2 The user decides itself only if and to whom it gives access to particular data from the health record of the patient’s account. samedi has no effect on data shared by the user to his medical providers.

11.3 samedi can also provide the user cross-references (links) to access services from other providers. He will carefully select these providers, but does not have the possibility of continuous monitoring their telephone services, in particular websites and the services it exposes. samedi is therefore not responsible or liable for their availability or their content. This also applies to the links on the side of a cooperation partner of samedi.

11.4 In particular, samedi is not liable for the appointments made with healthcare providers and other service providers via the booking system of samedi. Their conclusion, compliance, and timeliness are based solely on the information exchange between the users via the intended communication of samedi. The account users themselves are responsible for the content and offers/arrangement of appointments. Further, Samedi is not liable for the use or content of video consultations. The use of Samedi (e.g. for appointments, messages and video consultations) does not replace traditional visit to a doctor. In case of emergency, the patient must contact a local doctor or an emergency department.

11.5 Health care professionals prove their work as a medical provider through the submission of a license or a copy of the approval document equivalent to it. A plausibility check of the information is based on the publicly available documents. Any further testing does not take place. samedi is therefore not liable for the opinions expressed by the medical providers themselves in the corresponding representations (e.g. internet presence/website or display of appointment types).

11.6 Precondition for the full use of Internet services offered by samedi is the involvement of the user. If samedi cannot provide information or services due to the lack of participation of the user entirely or partly, as the user’s information is missing, samedi is exempt wholly or partially from the provision of services.

11.7 For reasons of force majeure, strikes, lockouts and administrative orders, and because of technical changes to the equipment of samedi or because of other measures that are necessary for proper or improved operation (e.g. maintenance, repairs) a temporary restriction or temporary loss of service may arise. samedi reserves the right to implement the aforementioned measures, but will work towards a rapid troubleshooting.

11.8 The online services offered by samedi are provided to the network or part including third service provider. Availability of services is therefore dependent on the technical provision by the third service provider, in particular in regards to the network services. samedi is not obliged to keep the services offered without interruption and on the Internet at any time. The user is aware that samedi has no influence on the Internet access, the transmission rate and the availability and stability of network connections and additions.

11.9 In order to ensure access to the stored data in the health record also in case of services failures, it is the user’s own responsibility to print the data on a regular basis or in addition to secure it on an alternative storage medium.

11.10 Parties shall also be liable without limitation in cases of intent and gross negligence, injury to life, limb or health, and in cases of mandatory statutory liability. In cases of slightly negligent breach of essential contractual provisions, liability shall be limited to foreseeable damage typical for this type of contract. Otherwise, liability for slight negligence is excluded.

11.11  The provision of the patient user account as a digital service is subject to the statutory provisions, in particular §§ 327 ff. BGB (German Civil Code). In the event of a defect, samedi will first remedy the situation within the framework of the statutory provisions.

11.12  The user is responsible for the lawful and careful use of their access data and is liable for any damage caused through their own fault. The user is only liable for damage resulting from use by third parties to the extent that they are responsible for this, in particular in the event of a culpable breach of their duty of care in handling access data.

12. Registered office, place of fulfilment, applicable law and jurisdiction

12.1 The registered office of samedi is Berlin, Federal Republic of Germany.

12.2 The place of fulfilment is Berlin, Federal Republic of Germany.

12.3  The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection regulations of the country in which the user has their habitual residence remain unaffected.

An offer of samedi GmbH