Terms of service for video consultation

By registering with samedi (samedi.de or samedi.cc including all associated country and sub-domains) or by signing the samedi order form in writing, you agree to these General Terms and Conditions of Use and Business. As a sign of your agreement, you confirm this (i) by signing the paper order form or (ii) by clicking on the online order form.

1. Scope of application

1.1 These General Terms and Conditions of Use and Business apply to the use of the samedi web software and the associated customer user account of samedi GmbH (hereinafter referred to as samedi) - (a) via the Internet platform samedi.de or samedi.cc (including all other associated domains of samedi, hereinafter referred to as platform), (b) other web-based platforms (e.g. KV Safenet or telematics infrastructures) or (c) as an installed solution (software-on-premise) at the customer’s site - for all services offered by samedi with the exception of the patient account, which has its own terms of use and terms and conditions.

1.2 Natural and legal persons can open a so-called customer user account as customers of the platform, provided they provide services in the healthcare sector. The basis for this is set out in these General Terms and Conditions of Use and Business for the customer user account and in the separate product and service descriptions with price list, which are also agreed when the contract is concluded. Patients can open a personal patient user account as a user of the platform. The basis for this is set out in the separate General Terms and Conditions of Use and Business for Patients.

1.3 Deviating and/or conflicting terms and conditions of the customer that contradict these General Terms and Conditions of Use and Business shall not become part of the contract unless samedi has expressly agreed to them in written form.

1.4 For third-party products and services offered via samedi, special terms and conditions may be agreed in some cases, which then take precedence over these General Terms and Conditions of Use and Business.

1.5 samedi is entitled to change the general terms and conditions and will do so mainly due to changes in the legal situation, supreme court rulings or significant changes in market conditions. samedi will inform the customer at least 1 month before the changes take effect about the upcoming changes in the samedi customer user account or via the e-mail address stored in the customer user account, customer user. If the customer does not object within 14 days after receipt of the change request by mail (samedi GmbH, Rigaer Str. 44, 10247 Berlin), fax (+49 (30) 212307079) or e-mail (agb@samedi.de), the change request of samedi is considered accepted by the customer and regulates the future contractual relationship between the customer and samedi. samedi will inform the customer separately about the significance of the 14-day period in the notification about the change request.

If the user objects in due time and form, samedi is entitled to an extraordinary right of termination for a period of two months. samedi will point out this right of termination separately in the change request.

2. Services of the samedi video consultation / Data protection regulations

2.1 samedi’s service is the provision of the samedi web software, which is available via

(a) the Internet platform video.samedi.de or samedi.cc (or other domains),

(b) other web-based platforms or

(c) as an installed solution (software-on-premise) on the customer’s premises and accessible via the customer’s personal user account (log-in).

This service is offered to organizations and companies primarily, but not exclusively, service providers in the healthcare sector (such as clinics, doctors, dentists, networks of doctors, alternative practitioners, therapists, service providers, health insurance companies, insurance companies, managed care organizations) for their own online data processing.

2.2 The necessary system requirements for samedi via

(a) the Internet platform samedi.de, samedi.com, samedi.cc or other domains

(b) other web based platforms or

(c) as an installed solution are regulated in the current product and price list.

The hardware, Internet connection and the web browser are not provided by samedi. Access takes place with a user name and password and optionally with the samedi certificate. The complete data storage and data communication runs in the case of (a) and (b) via external servers in the service of samedi and in the case of (c) via the customer’s servers.

2.3 With the customer user account, samedi provides the customer with an application for their own online data processing. The individual services of samedi are summarized in the categories “products” (i.e. necessary basic packages of the customer user account), “modules” (i.e. additional functionalities) and “services” (i.e. services) in so-called service packages and are offered to the customer as such. The current service packages and applications available to the customer are contained in the current product service description and price list.

2.4 Customers can connect with each other via the web software, communicate securely with each other and coordinate work and patient processes. As part of the operation of the web software platform, samedi can provide its customers with suggestions and recommendations for further networking.

2.5 Registered users of the patient user account can share part or all of their health record with the customer, provide the customer with additional information for booking appointments and communicate with the customer via samedi message or video consultation. The patient alone decides whether and which data he wants to save in the samedi application of the patient user account and which data he makes accessible to whom. samedi has no influence on the content and release of the data. The inspection of the health record or a video consultation cannot replace an examination or a direct conversationdirect conversation between medical service provider and patient. It can only serve as support for the anamnesis and diagnosis.

2.6 samedi is entitled to engage competent and reliable service providers for the fulfillment of the contract. For the operation of the server and special additional services (e.g. payment or SMS providers) samedi uses vicarious agents, which are named to the customer under the following link: http://www.samedi.de/subunternehmer. samedi obliges the vicarious agents to comply with all necessary security and safety precautions. The vicarious agents are also permitted to change the state of the art and availability control according to technical and economic aspects at a comparable quality level. Samedi is also permitted to replace the vicarious agents under these premises. The service providers engaged are obliged to comply with these data protection regulations and are monitored accordingly. They may not and will not gain access to the customer’s personal health data.

2.7 samedi acts as a processor when providing the video consultation (Art. 28 GDPR). In all other respects, the customer is responsible for the processing of patient data or the processing of other personal data outside the “video consultation” module within the meaning of data protection law. samedi only acts as a processor on the basis of a separate data processing agreement.

3. Conclusion of contract

3.1 The fully completed order form, whether in physical or electronic form, represents the customer’s offer to conclude the contract. The contract is concluded upon acceptance by samedi.

a) For his application, the customer must first enter the basic data specified in the order forms on the web pages provided for this purpose or in embodied form. In the case of a legal entity, at least one natural person must be listed as an authorized representative (incl. e-mail) and, if applicable, the details of the associated natural persons (e.g. service providers such as doctors, dentists, alternative practitioners, therapists) including their e-mail addresses must be provided. By clicking on or ticking the checkboxes, the customer accepts the declarations that are directly spatially related. They must therefore declare their agreement with these GTC and the applicable data protection declaration and any other product and service-specific provisions mentioned on the registration form as well as the applicable price list. The application is then submitted by clicking the button and/or sent to samedi.

b) The customer will receive a registration confirmation by e-mail to the e-mail address provided by the customer for this purpose. The authorization to open a customer user account with samedi must be checked by samedi before the customer user account is activated. For the activation of the customer on the publicly accessible portal (e.g. doctor search), the customer must present a suitable and publicly recognized document for identification as a doctor, alternative practitioner or therapist (for doctors, for example, the copies of the license to practice medicine or the lifelong doctor number (LANr)). This proof must be sent to samedi immediately upon request in the registration confirmation at the latest (info@samedi.de, by fax: 030/212307079, samedi GmbH, Rigaer Str. 44, 10247 Berlin).

If there are justified doubts about the authenticity of the information and the activity of the customer as a service provider in the healthcare sector, samedi is entitled to request further documents as proof from the customer, e.g. the license to practice medicine in a publicly certified copy. Only after submission and positive verification of the requested documents will samedi send the activation to the customer by e-mail to the e-mail addresses provided by the customer.

c) The contract commences on the date stated in the registration confirmation.

d) The customer receives the number of products and modules specified by him in the application form in the customer user account. A separate valid e-mail address is required for identification purposes for each of the natural persons (practitioners or other team members) specified by the customer who belong to the customer and are to receive their own access (user name and password) to the customer user accounts.

e) If the customer has ordered a paid service for the setup (configuration) of the customer user account by samedi (by ticking the box in the registration form), a questionnaire for configuration or request questions will be sent to him electronically immediately with the order confirmation. The questionnaire or the questions are to be answered by the customer and returned to samedi in electronic or physical form by the deadline stated in the e-mail. samedi will set up the customer user account based on the answers. If the questions not answered in time by the customer lead to a delay in the completion of the configuration, this does not entitle the customer to postpone the confirmed start of the contract. samedi takes over the configuration according to the customer’s specifications. samedi can also provide support in the recording and compilation of the configuration (e.g. as an additional service through on-site support). samedi assumes no liability for the correctness of the configuration within the scope of the workflows specified by the customer and set up by samedi for the allocation of appointments, form entry or file use (e.g. if too few appointments can be allocated for a certain service due to the settings). samedi offers an online check as part of the configuration service so that the customer can check the correctness and the desired structure of the configuration. This gives the customer the opportunity to check the entries and determine whether their own specifications, which are stored in the software settings, fit into the actual process. After handing over and completing the configuration, the customer has autonomy over his user account and can change the configuration himself at any time. Once the configuration has been completed, samedi no longer has access to the user account. In addition, samedi can be commissioned as part of the configuration support by the customer granting samedi data protection-compliant configuration access so that samedi can make adjustments to the configuration in accordance with the customer’s specifications and instructions for a fee.

f) The customer can order an optimization analysis from samedi as a consultation in order to obtain recommendations for his work processes, procedures and configuration in connection with the samedi web software. samedi will provide the contractually owed service with the usual care and taking into account the state of the art at the time of the conclusion of the contract. samedi will deploy appropriately qualified employees to fulfill the respective order. The customer shall provide samedi with all information that samedi requires for the contractual execution of the order in good time. Samedi is not obliged to check the quality or accuracy of the customer’s cooperation services or the correctness or completeness of the information provided by the customer. The result of the optimization analysis (consultation) is recorded in writing and serves only as a proposal for implementation for the customer. The client himself decides whether he wishes to implement this proposal or deviations, so that samedi is not liable for the consequences of the implementation.

3.2 Employees of samedi are not authorized to make verbal side agreements or give assurances that go beyond the content of the electronically or physically transmitted application and its acceptance by samedi.

4. Customer responsibility - samedi’s safety recommendation

4.1 The customer is obliged to obtain the patient’s consent to e-mail and SMS communication.

4.2 The customer is obliged to obtain the patient’s consent for the video consultation in advance.

4.3 The customer uses patient data sparingly and for the intended purpose.

4.4 Any faking of identity is prohibited.

4.5 The customer and those authorized by him are obliged to protect their access data (password, user name) carefully and like valuables from unauthorized access by third parties. The customer is obliged to replace the password assigned by samedi with a personally chosen password immediately after the first login. The customer is expressly recommended to change the passwords used regularly, to use up-to-date antivirus, antispyware and firewall software and in particular to enter the personal access data only directly via the official website of samedi. Due to the special (client-based) encryption architecture of samedi, the data in the user accounts and the user access to the user accounts of samedi cannot be restored due to the strict applicable data protection regulations in the medical sector. Therefore, samedi offers the customer a “master user account”, which is only used for the administration of the settings (e.g. administration and creation of new user accounts) and should be kept specially protected by the customer as emergency access.

4.6 The customer undertakes not to post any illegal content on samedi’s systems or to make it accessible to third parties, for example through forums, chat rooms, e-mail or spam. Violations of the contractual restrictions of use entitle samedi to take appropriate remedial measures up to the unilateral suspension of services. In this case, the customer will be informed immediately about the type, duration and scope of the blocking.

4.7 The customer may not change or remove copyright or other proprietary notices, logos, trademarks, etc. attached to service components or have them changed or removed by third parties.

4.8 The customer is liable for ensuring that the customer user account is not used for unlawful purposes or purposes that violate official regulations or requirements, or that corresponding data is not created and/or stored in the customer user account.

4.9 When completing the relevant forms in the customer user account, the customer undertakes to comply with the applicable laws and statutory regulations such as medical professional law, competition law and, in particular, the law on the advertising of therapeutic products. This means that promotional, misleading or comparable advertising is prohibited. This applies in particular to the completion of the specified forms for the public page of the samedi Internet portal. The customer assures that the information provided by him in the context of the conclusion of the contract and other contract-relevant information are complete and correct and in particular that the regulations according to § 27 MBO-Ärzte are complied with. In case of violation samedi is entitled to block the customer user account immediately. In this case, the customer will be informed immediately about the blocking.

4.10 The completeness, accuracy and up-to-dateness of the data entered by the customer influence the value of the contractual services. Customers delete, change and conceal data relevant to treatment at their own risk.

4.11 The customer is not entitled to examine the functionality of the software by means of reverse engineering, to decompile it, to break it down into its components and/or to use it as a basis for the creation of its own software programs.

4.12 If the customer culpably violates one of the above provisions, he is obliged to compensate samedi for the damages incurred and to indemnify samedi against claims for compensation by third parties.

4.13 The customer shall ensure that the security of the processing of the data on its premises and IT systems is guaranteed and that the necessary technical and organizational measures are complied with.

5. Delivery, payment modalities

5.1 Deadlines require written confirmation from samedi to be binding. Otherwise, deadlines are only non-binding planning information. samedi is not responsible for disruptions in performance due to force majeure. If samedi is hindered in the execution of the contract through no fault of its own, delivery and service deadlines shall be deemed extended by the duration of the hindrance and by a reasonable start-up time after the end of the hindrance. samedi shall inform the customer of the hindrance.

5.2. All reminders from the customer must be made in writing (by post to samedi GmbH, Rigaer Str. 44, 10247 Berlin or by e-mail to [support@samedi.de] (mailto:support@samedi.de)). Any grace periods set by the user must be at least three calendar days.

5.3 One-off and recurring payment obligations of the customer are due immediately in advance from the start of the contract for the duration of the respective payment period, unless samedi expressly specifies a later due date in the order confirmation. Payments are due annually in advance. For an additional fee, the customer has the option of changing the payment period in advance.

5.4 The customer already agrees to the direct debit from his specified bank account in the registration form. If the customer does not agree to the direct debit procedure, samedi is entitled to charge an additional fee for the bank transfer or another electronic means of payment.

5.5 In the absence of receipt of payment by samedi, the customer shall be in default without a reminder at the latest 30 calendar days after the due date or receipt of an invoice. If the customer is a consumer, special reference will be made to these consequences in the invoice or payment statement. If the customer is not a consumer, the receipt of the consideration replaces existing doubts about the time of receipt of the invoice or payment schedule.

5.6 If a customer falls into arrears, the statutory default interest will be charged after the default occurs. If after 60 calendar days after the due date the full amount including default interest has still not been paid, samedi reserves the right to deactivate the customer user account. In this case, the customer will be informed via the e-mail address provided by him that he has a further 30 calendar days to export his appointment and form data from his customer user account himself as a csv file according to the specified options. To do this the customer must contact samedi to have his account reactivated for this purpose. After 90 calendar days after the due date without payment of the amount due, samedi can terminate the contract extraordinarily and irrevocably delete the complete customer user account without being able to restore the data.

5.7 If a customer with a free account (e.g. the light referrer account) has not used his customer user account for more than 2 years, i.e. his last login was more than 2 years ago, samedi can terminate the contract extraordinarily via the e-mail address provided by the customer. The customer then has a further 30 calendar days to export his appointment and form data from his customer user account himself as a csv file according to the specified options. After the 30 calendar days, samedi can irrevocably delete the complete customer user account without being able to restore the data.

5.8 If the customer is based abroad or if there are reasons to doubt the punctual payment by the customer, samedi can demand full advance payment. If there are reasonable doubts about the solvency of the customer after the conclusion of the contract, samedi can revoke the granted payment terms and make the payment due immediately.

5.9 The customer may not assign his claims to third parties without the written consent of samedi; samedi will not unreasonably refuse consent.

6. Prices / Price changes

6.1 The prices are listed in the current price list.

6.2 Price changes that affect the customer must be announced by samedi in good time so that the customer can terminate the contractual relationship in compliance with the contractually agreed notice period with the termination date before the new prices apply. If the customer does not exercise this right and continues to use the services of samedi after the effective date of the price change, the price change becomes binding for both contractual partners. Invoicing shall be based on the price change.

7. Warranty and liability

7.1 samedi provides the services within the framework of the provisions of section 2 and assures the customer that its services do not conflict with the rights of third parties. samedi, however, expressly assumes no guarantee for the availability of the Internet pages for every access time requested by the customer.

7.2 samedi does not owe any quality beyond the product and service-specific provisions. This also applies in case of public statements, advertising or representations in any form, unless samedi has expressly confirmed the properties presented in this way in writing as the subject matter of the service package selected by the customer.

7.3 samedi merely provides the technical requirements for the transmission and management of information and is not involved in the contractual relationship between the customers of the samedi customer user account and its customers (patients or users of the patient user account), neither as an intermediary nor as a party or representative of a party.

7.4 The customer or the user of the patient user account is solely responsible for the correctness of the data posted on the platform (e.g. for making appointments, the public profile, the documentation data or billing forms). samedi provides the web software. samedi provides the web software, the customer is responsible for the content and the data. samedi is in particular not liable for the correctness of the appointment scheduling, the public profile or the form or billing contents and the correctness of the data entered by the customer. The identity of the users of the patient user account cannot be verified by samedi. The customer indemnifies samedi from claims for compensation by third parties that arise due to the setting, deletion, alteration or concealment of data by the customer.

7.5 samedi warrants that it will immediately attempt to eliminate the causes of the defect reported by the customer and, if necessary, provide the customer with information on how to avoid malfunctions in the future. samedi is entitled to two attempts at rectification.

7.6 If the second attempt to rectify the defect in due time also fails or if a replacement provided also exhibits obvious defects at the time of provision, the customer shall be entitled to terminate the contractual relationship in writing without notice.

7.7 If third parties claim against the customer that the contractual services of samedi are subject to the rights of the third party, the customer shall inform samedi immediately, in writing and comprehensively about the claims and the identity of the third party. The customer hereby authorizes samedi to join the dispute with the third party. The customer may only recognize such claims with the consent of samedi. Otherwise he is obliged to compensate samedi for the damage resulting from the acknowledgement.

7.8 samedi is not liable for damages caused by software originating from samedi. By using the software on his computer, the user expressly acknowledges this exclusion of liability. The web software has been tested under representative operating conditions. Nevertheless, according to the state of the art, errors in the process or in the results cannot be ruled out with special combinations of data or functions.

7.9 The exclusion of liability according to the above paragraph does not apply to:

a) for damages caused intentionally or through gross negligence by samedi, its legal representatives or vicarious agents;

b) for damage to life, limb and health resulting from a negligent or intentional breach of duty,

c) for damages under the Product Liability Act - however, samedi is not subject to the Medical Devices Act, as samedi does not issue any independent therapy or diagnosis recommendations, but only works on the basis of the data entered by the customer;

d) for damages against which the guarantee or warranted characteristic should foreseeably protect, insofar as samedi has given a guarantee or warranted a characteristic.

7.10 samedi offers access to services of other providers via the customer user account. samedi selects these providers carefully, but does not have the possibility of constant control of their services, in particular websites and the services made available through them. samedi is therefore neither responsible nor liable for their availability nor for their contents. This also applies to links to the websites of samedi’s cooperation partners.

7.11 It is expressly pointed out that samedi accepts no liability for damages incurred by the customer or third parties as a result of technical problems (such as the unavailability of the Internet or defective computers) or other events beyond the control of samedi that the service is not available or not available in the offered form on time or permanently. Liability for loss of profit for this reason is excluded.

7.12 With the exception of claims in accordance with section 7.9, all claims of the user for damages, regardless of their legal basis, or compensation for futile expenses shall lapse after one year. The period begins at the time the user becomes aware of the damage. A limitation period of one year shall also apply to all other claims due to breaches of duty such as non-performance, default, culpa in contrahendo and breaches of secondary obligations.

8. Ownership, copyright and rights of use

8.1 The customer shall receive a simple, non-transferable right to use the web software provided to him within the scope of the contractual relationship, limited to the duration of the contract, unless product or service-specific license conditions stipulate otherwise.

8.2 If samedi provides services or works for the customer, samedi is entitled to all property rights, intellectual and industrial property rights to the results. samedi grants the customer a non-exclusive and non-transferable right of use limited to the duration of the contract for the purposes of this contract.

8.3 The electronic content and applications generated by the customer, samedi or other users and partners of samedi in connection with the contract and freely available across customers in the samedi range of services may not be reproduced, changed, deleted, passed on to third parties or published outside the range of services offered by samedi by the customer, unless samedi or the rights holder has expressly agreed to this in advance.

9. Term and termination

9.1 Subject to a separate agreement, the contractual relationship is concluded for a period of one year from the start of the contract and is automatically extended by a further year in each case unless one of the contracting parties gives notice of ordinary termination in writing in due time. Subject to a separate agreement, ordinary termination is possible with three months’ notice to the end of the contract term.

9.2 The duration of the free trial version is limited in time according to the period previously defined by samedi (e.g. 30 days or 2 weeks). The provisions of these terms and conditions also apply to the use of the trial version and are recognized by the customer due to its use.

9.3 Both parties are entitled to extraordinary termination for good cause, in particular in the event of a material breach of contract, in which the continuation of the contract becomes unreasonable for one of the contracting parties. An important reason exists for samedi in particular if the customer (i) has intentionally provided false contact details, (ii) has intentionally provided false or invalid email addresses, (iii) has intentionally provided false bank details, (iv) has not fulfilled his payment obligation in due time, (v) transfers his user account to a third party or (vi) allows the use of a user account by unauthorized third parties.

9.4 In the event of a material breach of contract by samedi, the customer is entitled to terminate the contract without notice in accordance with section 11.3 if he has notified samedi of the material breach of contract in writing, stating relevant information, and samedi has not remedied the material breach of contract within three days of receipt of the notification. If the customer justifiably terminates the contract without notice, samedi will refund the amount already paid in advance calculated on the date of effectiveness of the notice of termination.

9.5 Notice of termination must be given in written form (by post to samedi GmbH, Rigaer Str. 44, 10247 Berlin), by fax to 030/212307079 or by e-mail to info@samedi.de.

10. Miscellaneous

10.1 Amendments or additions to the contract are only effective if they are agreed in writing. This also applies to a waiver of the written form requirement. Notwithstanding the above provision, informal amendments or additions shall also be effective if they are individual agreements within the meaning of Section 305 b BGB.

10.2 The entire contractual relationship is subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from and in connection with this contract is the registered office of samedi, insofar as the customer is a merchant or resides outside the territory of the Federal Republic of Germany.

An offer of samedi GmbH