Terms of Service

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 digital health assistant Symptoma only the following Terms of Service apply. All other agreements made between the Symptoma GmbH and the user must be in writing.

 

2. Service object

2.1

Symptoma GmbH operates the website www.symptoma.com, which holds medical content and data collections.

2.2

Symptoma GmbH allows the user to access this server for the purpose of research in the medical data collection. The decision, to allow access for interested parties to Symptoma, is solely made by Symptoma GmbH. Access can be refused for interested parties without further explanation.

2.3

The Symptoma GmbH is not obliged to provide free access to the digital health assistant Symptoma and the medical database, but can determine the price for the 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

Symptoma GmbH grants the individual users the - not exclusive - right to use the specified digital health assistant Symptoma under applicable copyright on one workplace. The use of non-free areas of Symptoma requires the payment by the user in advance.

2.6

Symptoma GmbH endeavours to keep the information of the digital health assistant up to date and to regularly provide an updated version. Any liability for the medical content is expressly excluded.

2.7

The object of the contract is only the availability of the database Symptoma. A diagnosis is neither the object of the contract, nor does the Symptoma digital health assistant output represent a diagnosis.

3. Scope of Services

3.1

Symptoma GmbH grants its users non-exclusive and non-transferable right to use the available digital health assistant Symptoma and its medical database in its original 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 particular scope of service of the digital health assistant Symptoma. This applies in particular for the performance of the server and for the medical data collection. Symptoma GmbH 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 Symptoma 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 is not not be entitled to a reduction in the monthly payments.

3.4

All present and future rights of whichever nature of the digital health assistant Symptoma and its medical data collection, including the user documentation - independently of where the data carrier is stored or where copies of the data base are stored - except for the expressly granted rights of use, given by Symptoma GmbH.

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 Symptoma GmbH. 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 Symptoma GmbH is aware that individual records or the entire medical data collection of the digital health assistant Symptoma 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

4.1

The individual data sets and the entire medical data collection of the digital health assistant Symptoma are protected by copyright.

4.2

Symptoma GmbH grants the user the right to research in the collection of medical data in the digital health assistant Symptoma 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 individual records or the entire medical data collection of Symptoma for commercial or other purposes.

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 digital health assistant Symptoma 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 Symptoma or are related to other matters of this contract,
  • any invasion of privacy of third parties,
  • any compromise of the confidentiality,
  • the formation of a diagnosis based solely on Symptoma,
  • any threat to the security of the system,
  • any action and utterances that violate public morals,
  • any contravention of the provisions of these terms,
  • omitting the immediate notification of recognizable damages or defects to the Symptoma GmbH,
  • 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 Symptoma GmbH. 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 telecommunications and e-commerce laws and regulations in particular. The user is obliged not to enter any data or information that is offending criminal law, public law, public decency or intellectual property rights.

The user holds the Symptoma GmbH indemnified from claims by third parties due to a violation of the law by the user.

 

6. Warranty

Symptoma GmbH declares under sole responsibility that the Symptoma Digital Health Assistant, a Medical Product Class 1 is in compliance with Council Directive 93/42/EEC for Medical Devices and with the Austrian Medical Device Law BGBl. Nr. 657/1996. All supporting documentation is retained at the premises of the manufacturer. The product is CE marked. Any further warranties are expressly excluded.

7. Liability

7.1

The liability of the Symptoma GmbH is limited to deliberate and grossly negligent dereliction of duty.

7.2

Symptoma GmbH is not liable for the transmitted information, and in particular not for its completeness, accuracy or timeliness. There is no liability to the result of medical research or the provision of a diagnosis or any treatment on the basis of the information provided here.

7.3

Symptoma GmbH is not liable for the result of medical research or for a diagnosis or any treatment on the basis of the information provided here.

7.4

Symptoma GmbH accepts no liability for damage-causing events that could arise with faulty use of the information.

7.5

Symptoma 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.

7.6

Symptoma GmbH is liable for damages due to legal errors or guaranteed features or for damages according to the Product Liability Law. For all other cases, Symptoma GmbH is only liable for intent and gross negligence.

7.7

In addition, the parties shall be liable only for intent and gross negligence, so far as contractual obligation is not affected. Damage claims outside this regulatory range are excluded, irrespective of the nature of the breach. This also applies to acts of legal representatives or agents.

8. Use by Third Parties

8.1

The use of digital health assistant Symptoma is solely allowed for the user himself.

8.2

Any use of data by third parties is strictly prohibited without written permission by Symptoma GmbH.

8.3

If use by third parties, in particular by the users 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 the digital health assistant {0} was allowed, only the customer bears the exclusive liability risk.

9. Evidence clause

The log data stored in the IT systems of Symptoma GmbH 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

Symptoma GmbH is entitled to use third parties to fulfill this contract.

10.2

Symptoma GmbH can use agents to fulfill the contract, if necessary. In this case, however, Symptoma GmbH remains responsible for performance of all obligations of this contract.

11. Miscellaneous

Symptoma GmbHs medical author analysis is based on MEDLINE/PubMed, a database of the U.S. National Library of Medicine (NLM). NLM represents that its data were formulated with a reasonable standard of care. Except for this representation, NLM makes no representation or warranties, expressed or implied. This includes, but is not limited to, any implied warranty of merchantability or fitness for a particular purpose, with respect to the NLM data, and NLM specifically disclaims any such warranties and representations. The data available on symptoma.com may not reflect the most current and accurate biomedical/scientific data available from NLM.

NLM data are produced by a U.S. Government agency and include works of the United States Government that are not protected by U.S. copyright law but may be protected by non-US copyright law, as well as abstracts originating from publications that may be protected by U.S. copyright law.

NLM assumes no responsibility or liability associated with use of copyrighted material, including transmitting, reproducing, redistributing, or making commercial use of the data. NLM does not provide legal advice regarding copyright, fair use, or other aspects of intellectual property rights. Persons contemplating any type of transmission or reproduction of copyrighted material such as abstracts are advised to consult legal counsel.

12. Governing law and jurisdiction clause

These terms are subject exclusively to Austrian law. Salzburg is agreed as the place of jurisdiction. Only the German language version of these terms apply! The English version is only for informational purposes and not guaranteed to be exactly translated.

13. Writing requirement

Additions to the terms of service are required writing. The same applies to the repeal this clause (double writing requirement). Other ancillary agreements in addition to this terms and conditions do not exist between the parties.

14. Severability

If any provision of the terms of service 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.