Terms of Service of EBMApp.org gUG for "EBMApp". (Version from 19.12.2014)

THE ENGLISH VERSION OF THE TERMS OF SERVICE IS FOR INFORMATIONAL PURPOSES ONLY! ONLY THE TERMS OF SERVICE IN GERMAN LANGUAGE APPLY! FIND THEM HERE

1. Validity of the Terms of Service
For the application EBMApp only the following Terms of Service apply. They also apply to all future business relations, even if they are not explicitly agreed. Counter-confirmations of the user having his own terms and conditions are hereby declined. All other agreements made ​​between the EBMApp.org gUG and the user are required in writing.

2. Service object
2.1
EBMApp.org gUG operates the website EBMApp, which holds medical content and data collections.
2.2
EBMApp.org gUG allows the user to access this server to get a nonbinding second diagnosis for non-commerical purposes. The decision to allow access for interested parties is solely made by EBMApp.org gUG. EBMApp.org gUG can refuse access for interested parties without further explanation.
2.3
EBMApp.org gUG is not obliged to provide access to the application EBMApp for free, but can determine the price of access. In this case, a part of the information and functionality can be provided for free, and the remaining portion will be available for a fee.
2.4
The access to information is done within the framework of this web site or by (smartphone / tablet / etc.) apps.
2.5
EBMApp.org gUG grants the individual users the - not exclusive - right to use the specified medical application EBMApp under applicable copyright on one workplace. The use of non-free areas requires the payment of the user in advance.
2.6
All whatsoever present and future rights of the application EBMApp and itsvmedical data collection, including user documentation remain (except for the rights expressly granted) at EBMApp.org gUG.
2.7
EBMApp.org gUG endeavors to keep the information of the application current and to regularly provide an updated version. Any liability for the medical content is expressly excluded.

3. Scope of Services
3.1
EBMApp.org gUG grants you the non-exclusive and non-transferable right to use the available application EBMApp and its medical database in the same format and only for the purpose defined in this contract and only for the duration of the contract. The user is not entitled to grant sublicenses.
3.2
The user is not entitled to a certain availability of the application EBMApp. This applies in particular for the performance of the server and for the medical data collection. EBMApp.org gUG therefore expressly reserves the right to change the services to be provided under this contract and to extend, modify or make improvements to the service. The EBMApp.org gUG is also entitled to add or reduce services, in particular to take down data and file resources from the server.
3.3
If change of service means that the balance of service and fee is insignificantly compromised, the user shall not be entitled to a reduction in the monthly payments.
3.4
All whatsoever present and future rights of the application EBMApp and its medical data collection, including the user documentation, belong to EBMApp.org gUG.
3.5
Any other use, in particular the making of copies or reproductions of the data collection including the user documentation, are only permitted by prior written consent of EBMApp.org gUG. Without such approval, the user may not have a copy of the medical data collection. This includes explicitly so-called spidering / crawling of publicly available information on this website.
3.6
As soon as EBMApp.org gUG is aware that individual records or the entire medical data collection of the application EBMApp are used in violation of the rights granted hereunder, a penalty of 10,000 euros is due. This does not limit the prosecution of higher levels of damages.

4. Copyright, patent
4.1
The algorithms, the individual data sets and the entire medical data collection of the application EBMApp are protected by copyright and are patented.
4.2
EBMApp.org gUG grants the user the right to research in the collection of medical data application EBMApp according to the specified contract purpose.
4.3
Expressly prohibited is any reproduction, non-conforming use, disclosure, dissemination, publication or other non-conforming use of algorithms, individual records or the entire medical data collection of EBMApp.

5. Duties and obligations of the user
5.1
The user is obliged to use the individual data sets and medical data collection in the application EBMApp in an appropriate manner.
5.2
Faulty use includes in particular

• any misuse,
• criminal or illegal activity,
• a violation of statutory provisions,
• the non-fulfillment of any legal and regulatory requirements, if they are subject to the use of EBMApp or are related to other matters of this contract,
• any invasion of privacy of third parties,
• any compromise of the confidentiality,
• any threat to the security of the system
• any action and utterances that violate public morals,
• any contravention of the provisions of this terms
• omitting the immediate notification of recognizable damages or defects to the EBMApp.org gUG,
• any acts or omissions that endanger the data security,
• infringement of the obligation to maintain confidentiality of passwords or for immediate change of the password if it is feared that a third party has access to it.

5.3
All information (texts, pictures / photos, audio, documents and personal data) provided on our servers, are protected by copyright and data protection law. In particular the duplication, distribution, exhibition, presentation, transmission or reproduction in any other form and the processing or modification, are only permitted with the prior written approval by the EBMApp.org gUG. In particular, the content may not be partly or in entirely be published elsewhere.
5.4
In addition to the data protection law, the user is obligated to observe in particular telecommunications and e-commerce laws and regulations. The user undertakes in particular to enter any data or information that is offending criminal law, public law, public decency or intellectual property rights. The user holds the EBMApp.org gUG indemnified from claims by third parties due to a violation of the law by the user.

6. Liability
6.1
The liability of the EBMApp.org gUG is limited to deliberate and grossly negligent dereliction of duty.
6.2
There is no liability to the EBMApp.org gUG for the transmitted information, and in particular not for its completeness, accuracy or timeliness. There is no liability of the EBMApp.org gUG to the result of medical research or the provision of a diagnosis or any treatment on the basis of the information provided here.
6.3
EBMApp.org gUG accepts no liability for damage-causing events that could arise with faulty use of the information.
6.4
click for knowledge is not liable for substandard performance or failure in performance resulting due to force majeure or based on events that make a regular service difficult or impossible. For this purpose, included are in particular strikes, lockouts, official orders, failure of communication laws or gateways of other operators, and disorders that are within the risk area of network providers.

7. Use by Third Parties
7.1
The use of application EBMApp is solely allowed for the user himself.
7.2
A use of data by third parties is strictly prohibited without written permission by EBMApp.org gUG.
7.3
If use by third parties, in particular by the user's employees, is permitted, the user shall at his own responsibility ensure that they comply with the concluded contract. For any breach of contract by the third party, where the use of application EBMApp was allowed, the user bears itself the exclusive liability risk.

8. Offsetting and retention
The user can offset claims against EBMApp.org gUG only with undisputed or legally established receivables. The user has the right of retention only for counterclaims resulting under this contract.

9. Evidence clause
The data stored in the logs of the computer system of the EBMApp.org gUG is admitted as evidence of data transfers, access times, transferred amounts of data, contracts and payments effected between the parties.

10. General terms
10.1
EBMApp.org gUG is entitled to use third parties to fulfill this contract.
10.2
EBMApp.org gUG can use agents to fulfill the contract, if necessary. In this case, however, EBMApp.org gUG remains responsible for performance of all obligations of this contract.

11. Governing law and jurisdiction clause
This contract is subject to German law. The place of jurisdiction is Hamburg. Only the German language version of these terms apply! The English version is only for informational purposes and not guarantueed to be exactly translated.

12. Writing requirement
Additions to the respective contracts with the user are required writing. The same applies to the repeal this clause (double writing requirement). Other ancillary agreements in addition to the contract and this terms and conditions do not exist between the parties.

13. Severability
If any provision of the contract concluded or the associated terms and conditions in whole or in parts becomes invalid, this shall not affect the validity of the remaining provisions. Rather the parties undertake to replace the invalid provision with a provision which comes closest to what both parties willed.