General terms and conditions of use and business for patients for the use of samedi GmbH's video consultation service

By using the samedi video consultation, you agree to these General Terms and Conditions of Use and Business. You confirm this by clicking on them as a sign of your agreement in the registration process to start the samedi video consultation.

1. Scope of application

1.1 These General Terms and Conditions of Use and, if applicable, specific product and service provisions apply to the use of the samedi video consultation (hereinafter referred to as the platform) of samedi GmbH.

1.2 Deviating and/or conflicting terms and conditions of the user that contradict these General Terms and Conditions of Use and Business shall not become part of the contract. This also applies in the event that samedi does not expressly object to them.

1.3 samedi is entitled to change the General Terms and Conditions and will do so primarily due to changes in the legal situation, supreme court rulings or significant changes in market conditions. If you have a samedi patient account, samedi will inform the users about the upcoming changes in the samedi patient account or by e-mail, which is stored in the samedi patient account, at least 1 month before the changes come into effect. The user is entitled to terminate the contract at the time the change comes into effect. samedi will inform the user of his right of termination and the deadline to be observed. The termination must be received by samedi at the latest by the effective date of the changes. If the user does not make use of his right of termination, the change is considered approved.

1.4 The user may not transfer the rights and obligations arising from this contract. The assignment of claims is excluded.

2. Subject matter of the contract

2.1 “Appointments”: This application offers the user the option of booking an appointment online via the appointment booking system with medical service providers (doctors, dentists, therapists, alternative practitioners) and other service providers in the healthcare sector who use the samedi software. If the medical service provider uses the reminder service of the software and the user has not rejected this in his user account by unchecking the box, the user will be reminded of appointments or informed of appointment changes by an automatic reminder service by e-mail or SMS.

2.2 Patients can get in touch with doctors using an online audio and video function. Patients can use the function to chat with doctors, share files and conduct the video consultation. The video consultation takes place directly between the doctor/service provider and patient via an encrypted connection. The video consultations are neither recorded nor saved by samedi.

2.3 However, the video consultation cannot replace a visit to the doctor if the user is ill.

2.4 In an emergency, contacting the medical service provider via the samedi messages or via samedi appointments is not sufficient, as it cannot be guaranteed that the medical service provider will receive the message immediately. It is therefore advisable to contact the doctor or emergency medical service directly in an emergency and not via the Internet.

2.5 Services marked as “third-party offers”, which are not provided by samedi itself but by a third party (third-party provider), are not part of samedi’s contractual object. The contractual partner of the user with regard to these services is only the third party. For these offers, the general terms and conditions posted by the third party apply exclusively.

3. Scope of application and conclusion of contract

3.1 samedi’s offer for the samedi video consultation is valid on the basis of these General Terms and Conditions for users who are at least 18 years of age. A user in this sense is any natural person who wishes to use or uses the samedi video consultation for a purpose that cannot be attributed to commercial or independent professional activity, but only for private use.

3.2 The use of the samedi video consultation is provided by samedi to the user permanently free of charge. The user does not incur any costs other than the connection charges to the Internet.

3.3 In addition to the declarations provided on samedi’s web pages, the user contract is only governed by samedi’s current General Terms and Conditions and Privacy Policy. Other conditions are not part of the contract, even if samedi does not expressly contradict them. The user expressly recognizes these terms and conditions for the use of the following described services.

3.4 Should the user use the samedi video consultation for commercial or independent professional purposes contrary to No. 4.1, this is at his own risk. samedi is not liable for any damages incurred in this case. The user is obliged to compensate samedi for any damages incurred in this respect.

3.5 The user can terminate this contract at any time. Cancellations or deletions of the samedi patient account must be made by the user himself in the patient account. If this is not possible due to a loss of password, the user must set up his account again via password reset and then delete his account there. In the case of a termination in text form, samedi reserves the right to send a confirmation request e-mail to the e-mail address provided by the user to verify the correct identity of the user. The user must reply to this confirmation request e-mail of samedi GmbH so that the identity and termination is clearly confirmed and samedi GmbH can permanently delete the user account of the user. The account and the data contained therein will be irrevocably deleted.

4. Scope of services

4.1 For users, samedi is an Internet portal that can be used via the latest version of Internet Explorer, Microsoft Edge, Google Chrome, Mozilla Firefox, Safari and Opera web browsers. The internet connection and the web browser are not part of the samedi contract. When used via a samedi patient account, access is granted with a personal e-mail address and password chosen by the user. The complete data storage and data communication runs via external servers that have been rented in the service of samedi. It cannot be guaranteed that access to the patient user account is possible at any time desired by the user. The samedi video consultation is also possible without a samedi patient account.

5. Participation and responsibility of the user

5.1 samedi only provides the use of the platform for the video consultation function. Under data protection law, samedi acts as a processor when conducting a video consultation (Art. 28 GDPR). samedi is not responsible for the content of the communication between doctor and patient. The use of samedi (e.g. appointments, messages, video consultation) with doctors does not replace a traditional doctor’s visit. In urgent cases, the patient must consult a local doctor or an emergency outpatient clinic. Medical care via the Internet is subject to special professional regulations and restrictions that limit the range of services offered by samedi.

5.2 Insofar as the user culpably violates one of the above provisions, claims for compensation against samedi, regardless of the legal basis, are excluded - insofar as legally permissible - and the user must compensate samedi for the damages incurred.

6. User access code, handling access data and password recovery

6.1 The user and his authorized persons are obliged to protect their access data (password, user name) carefully and like valuables from unauthorized access by third parties. In particular, the user must change the password immediately if there is any suspicion that an unauthorized person has knowledge of his/her password. The user is expressly recommended to change his password regularly, to use up-to-date antivirus, antispyware and firewall software and in particular to enter his personal access data only directly via the official website of samedi. The user is obliged to compensate samedi for any culpably caused damage resulting from the unauthorized use of the password.

6.2 If the user has forgotten their password, they can reset it via a web form using the e-mail address stored in the patient user account. The user receives an e-mail with a link to reset the password in a corresponding web form. This gives the user the opportunity to enter a new password. If no valid e-mail address is stored by the user in the patient account, the user loses all further access to the online services provided by samedi.

6.3 If the user forgets or loses his access ID or parts of it and if the user has entered an invalid e-mail address or if the e-mail address becomes invalid, no new access IDs can be sent to the user by e-mail. Thus, the user loses any further possibility of access to his online services provided by samedi. samedi is not obliged to provide the user with a new access code in any other way or to deposit a new e-mail address.

6.4 If there is reasonable suspicion of attempted or actual misuse of a user’s access code, samedi is entitled to block the patient user account of the user concerned. This applies in particular if an incorrect password has been entered three times in succession. This means that initially no further access by the user or third parties is possible. Unblocking will be carried out by samedi if there is no longer any reasonable suspicion, in particular if the user requests unblocking physically or in electronic form, stating his last known e-mail address to samedi and the authenticity of the corresponding declaration is thus sufficiently ensured.

7. Communication between samedi and user

7.1 Unless otherwise specified in the terms and conditions, communication between samedi and the user is usually electronic via the services of the Internet. Electronic in the sense of these GTC means communication by e-mail, online or in a similar way, but does not require an electronic form according to § 126a BGB.

7.2 samedi is entitled to make all declarations to the user by e-mail to the last e-mail address stored in the patient user account.

7.3 In order to submit declarations to samedi, the user should use the communication channels described in these GTC, in particular the corresponding Internet services and enter the access data required for identification.

a) The termination of the user contract and the associated deletion of the patient user account by the user himself can be carried out in the corresponding patient user account. In case of a termination in text form, samedi reserves the right to send a confirmation request e-mail to the e-mail address provided by the user in order to verify the correct identity of the user. The user must reply to this confirmation request e-mail from samedi GmbH so that the identity and termination is clearly confirmed and samedi GmbH can permanently delete the user’s account.

(b) At the request of samedi, the user must confirm his contractually relevant declarations in conventional written form, insofar as this should be legally required.

8. Ownership rights, copyrights and rights of use; statutory content restrictions

8.1 samedi does not transfer any ownership rights, copyrights or other protective rights to the program functions of the patient user account to the user. As far as it is necessary for the fulfillment of the user contract, the user is granted a non-exclusive right of use.

8.2 The user ensures that the data entered under his access code complies with any applicable legal regulations, in particular that it does not violate any ownership rights, copyrights or other intellectual property rights of third parties or violate criminal laws. The user indemnifies samedi from all claims of third parties, which they can derive from the aforementioned infringements against samedi. samedi is entitled to block or delete the content and user data provided by the user, insofar as this is necessary due to legal provisions or court or official orders.

9. Warranty and liability

9.1 The patient user account, including the health record, is managed exclusively under the user’s own responsibility. samedi has no influence on the accuracy, timeliness and completeness of the data stored by the user. samedi is therefore not liable for damages resulting from the inaccuracy or incompleteness of this data.

9.2 The user decides exclusively himself whether and to whom he makes data of the patient user account accessible, in particular the data from the health record. samedi has no influence on the data released by the user to his medical service providers.

9.3 samedi can also provide the user with access to services of other providers through links. It will select these providers carefully, but does not have the possibility of constant control of their teleservices, in particular websites and the services made available through them. samedi is therefore neither responsible nor liable for their availability or content. This also applies to the links to pages of samedi’s cooperation partners.

9.4 In particular, samedi is not liable for the appointments made with medical service providers and other service providers via the samedi appointment booking system. Their realization, compliance and timeliness are solely based on the exchange of information between the users in the communication channel provided by samedi. The users of the user accounts are responsible for the contents and offers of the appointment services. samedi is also not liable for the use and contents of the video consultation. The use of the samedi video consultation with the doctors does not replace a traditional visit to the doctor. In urgent cases, the patient must consult a local doctor or an emergency outpatient clinic.

9.5 The medical service providers prove their activity as a medical service provider by submitting a copy of their license to practice medicine or a document deemed equivalent to a license to practice medicine. A plausibility check of the information is carried out on the basis of the publicly accessible documents. Therefore, samedi is not liable for the information provided by the medical service providers themselves in the corresponding representations (e.g. Internet representation or appointment type display).

9.6 Requirement for the complete use of the internet services offered by samedi is the cooperation of the user. If samedi cannot provide information or services in whole or in part due to the lack of cooperation of the user, because information of the user is missing, samedi is exempted from the provision of services in whole or in part.

9.7 For reasons of force majeure, strikes, lock-outs and official orders as well as due to technical changes to the samedi systems or due to other measures that are necessary for proper or improved operation (e.g. maintenance work, repairs), there may be a temporary restriction or temporary failure of the services. samedi reserves the right to carry out the aforementioned measures, but will endeavor to remedy the disruption as quickly as possible.

9.8 The online services offered by samedi are partly provided with the involvement of third party network or service providers. The availability of the services is therefore dependent on the technical provision by the third party service providers, in particular with regard to the network services. samedi assumes no obligation to keep the services offered uninterrupted and available on the Internet at all times. The user is aware that samedi has no influence on the possibility of internet access, the transmission speed as well as the availability and stability of the network connections and accesses.

9.9 Um den Zugriff auf die in der Gesundheitsakte hinterlegten Daten auch bei Ausfall der Dienste zu gewährleisten, trägt der Nutzer selbst die Verantwortung, die Daten regelmäßig auszudrucken oder zusätzlich auf einem alternativen Speichermedium zu sichern.

9.10 The contractual and non-contractual liability of samedi is limited to intent and gross negligence, unless it concerns the violation of an essential contractual obligation or injury to life, body or health. The same applies to the liability of samedi’s vicarious agents. The liability according to the Product Liability Act and the liability for guarantee declarations remains unaffected by this.

9.11 samedi primarily provides warranty through supplementary performance. If the supplementary performance fails, the user is entitled to assert claims for damages in accordance with section 12.10.

9.12 The user is liable for any damage caused by misuse or unlawful use of their data. Furthermore, he is liable for damages caused by a culpable breach of his contractual obligations.

10. Registered office, place of performance, choice of law and place of jurisdiction

10.1 The registered office of samedi is in Berlin, Federal Republic of Germany. Any change of address of samedi will be communicated to the user for information to the patient user account or via the websites www.samedi.de or patient.samedi.de.

10.2 The place of fulfillment is Berlin, Federal Republic of Germany.

10.3 The law of the Federal Republic of Germany applies to all legal relationships between the user and samedi in connection with the user contract. In the event of actions relevant to the user contract, in particular access to the health record, by the user from areas outside Germany, the user undertakes to comply with any mandatory applicable legal regulations of the respective third country.

10.4 If the user does not have a general place of jurisdiction in Germany, i.e. in particular if his domicile or usual place of residence is not in the Federal Republic of Germany or if this is unknown, samedi can only sue at its own registered office (Berlin) and only be sued there. The same applies if the user is a merchant who uses the patient user account and the health record contained therein for his commercial or self-employed professional activity contrary to the aforementioned conditions.

An offer from samedi GmbH