Terms & Conditions
General Terms and Conditions (GTC) of Smart Medical Applications GmbH, Rathingstr. 8, 30559 Hannover, info@iva.software (hereinafter “Provider”)
1. General Regulations
The Provider shall provide its customers with an application (hereinafter referred to as “APP”) following these GTC. Subject to express consent, the Provider shall not recognize any T&Cs used by the Customer that deviate from these T&Cs. If the APP is distributed via an APP store, the GTC of the respective APP store shall also apply to the purchase of the APP.
2. Subject Matter of the Contract
The provider provides the customer with an APP that can be used to plan and document esthetic patient treatments. This includes the following functionalities:
- Storage, viewing, and management of patient data: all relevant patient data, including identity, contact details, medical history, health data, treatments, and treatment plans as well as videos and photos taken before and after cosmetic or medical procedures.
- Creation and storage of treatment contracts, information, and patient consent.
- Documentation and monitoring of deadlines and activities.
- Data exchange/communication between the treating doctor and patient from the APP via the doctor’s end device.
The provider assumes no liability for treatment recommendations via the APP (“treatment templates”), the completeness of patient consents, and the correctness of postoperative behavioral recommendations, unless otherwise stated in the mandatory liability according to Section 6. The document templates and templates preset in the APP must be checked by the APP user before use and must be individualized by the user on his/her own responsibility.
The Provider shall provide the services following the current state of the art. It shall continuously develop the APP and improve it through ongoing updates and upgrades. The availability of the APP is 98.5% on an annual average, including maintenance work, but availability may not be impaired or interrupted for more than two consecutive calendar days. This does not include necessary regular maintenance work or periods in which availability is restricted due to events for which the provider is not responsible (e.g., force majeure, acts of third parties, technical problems, or changes in the legal situation).
3. Obligations of the Customer
The customer is obliged to keep the data provided during registration up to date at all times and to refrain from violating these GTC and applicable law. The customer must ensure that his user account is only used by himself. He must treat his access data and the data stored by him confidentially and ensure that third parties do not have access to his data. If the customer culpably breaches this obligation, he shall be responsible for any resulting damage.
The customer is obliged to use the APP only for its intended purpose and to comply with all contractual and statutory provisions when using the APP. Any use beyond the purpose of the user relationship is prohibited. In particular, the customer shall not be entitled to transfer the APP or the storage space provided to a third party for use, either in part or in full, for a fee or free of charge.
4. Special Obligations about Patient Data/User Data
When planning and documenting aesthetic patient treatments, including Botox treatments, it is possible to generate and save patient consent forms via the APP. Furthermore, photo and video documentation can be made. This data is stored and used following the consent given by the patient and in compliance with the applicable data protection regulations.
5. Support
Application or software problems are dealt with by the provider as part of the support service. Support services must be requested via the communication channels provided for this purpose to ensure the fastest possible processing. During regular business hours, support requests are processed chronologically according to the order in which they are received by the provider.
6. Warranty of Defect
The provider guarantees the functionality and operational readiness of the APP following the provisions of this contract and otherwise following the statutory warranty provisions.
7. Liability and Exemption
The provider shall be liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb, or health, based on a guarantee promise, unless otherwise regulated in this respect, or based on mandatory liability such as under the Product Liability Act. If the provider negligently breaches a material contractual obligation, liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies following the above clause. Essential contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely. Any further liability of the provider is excluded.
The above liability regulations also apply about the liability of the provider for its vicarious agents and legal representatives.
The customer shall indemnify the provider against any claims by third parties – including the costs of legal defense in their statutory amount – that are asserted against the provider due to actions by the customer in breach of the law or the contract.
8. Confidentiality and Non-Disclosure
The provider is obliged to process all personal data that it collects within the scope of the APP confidentially and following data protection regulations. All data relating to personalized messages will be used exclusively for sending these messages. The content of the messages will be deleted from the provider’s systems within 7 days of being sent unless the customer has selected a longer storage period.
9. Final Provisions
The contracts concluded between the provider and the customer are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the customer is a merchant or has no general place of jurisdiction in Germany, the parties agree that the place of jurisdiction for all disputes arising from this contractual relationship shall be the registered office of the provider. Sentence 1 shall not apply if an exclusive place of jurisdiction is established for the dispute.
The provider is entitled to amend these GTCs for objectively justified reasons (e.g., changes in case law, the legal situation, market conditions, or corporate strategy) and subject to a reasonable period of notice. Existing customers will be notified of this by e-mail at least two weeks before the change comes into effect. If the existing customer does not object within the deadline set in the notification of the change, their consent to the change shall be deemed to have been granted. The notification will refer to the intended change.
10. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure following the VSBG.
The provider’s e-mail address can be found in the heading of these GTCs.
May 2024