General Terms of Use Eterno Health  

‍1st object

1. these General Terms and Conditions of Use ("GTCU") of Eterno Health GmbH (hereinafter: Eterno Health), Münzstraße 12, c/o Mindspace, 10178 Berlin, Germany, represented by the managing directors Frederic Haitz and Maximilian Waldmann, registered with the Local Court of Charlottenburg (Berlin), HRB 226632 B, apply both to the use of the website www.eterno.health ("Website") and to the use of the Eterno web application (hereinafter: "App" or "Eterno Web App").

The Eterno web app is an application that

  • Enables users to electronically manage health records and other data and provides content ("Services"); and
  • Health professionals assisted in the delivery of medical services.

The services are provided to the user free of charge.

Eterno Health is not a medical care provider. Service providers are the healthcare professionals, in particular physicians and healthcare providers. Eterno Health is not a party to the treatment contract concluded between the user and the service provider. Some of the services provided by doctors are not covered by statutory health insurance or reimbursed by private insurance.

When information is provided on the Eterno Health website regarding the amount of a health care professional's fees, it is provided as a guideline and non-binding information only.

The use of the website and the Eterno web app is not suitable for immediate emergencies. In this case, please contact the emergency number 112 by phone!

2. definitions

The definitions applicable to these ANB can be found here can be viewed here.


3. conditions of access to the services

3.1 Every user of the website or Eterno web app can access the physician overview without having to create a user account.

3.2 A user account must be set up in order to use the Eterno web app, in particular the online appointment arrangement, the Eterno health portal and document management.

3.3 The use of the Services is reserved to natural persons who have reached the age of 16.

4. setting up a user account

4.1 To use the Eterno Web App, the User must create a user account online. To do so, he must enter his data in the electronic registration form accessible via the website and click on the "Register" field. When creating his user account, the user undertakes to provide correct and complete information about his identity as required in the online form. In particular, he undertakes not to feign a false identity and not to state the identity of another person.

The user undertakes to update the data in his user account immediately in the event of a change.

4.2 Given the nature of the Services offered, Eterno Health reserves the right to verify the User's identity itself or through a specialized third party provider, in particular to request from the User the transmission of a copy of his/her identity card.

4.3 After submitting the registration form, the user will receive a confirmation e-mail at the address provided by the user. Once the User has confirmed his/her email address, he/she chooses his/her own access data. Eterno Health uses two-factor authentication to increase the security of the User's account.

4.4 In the event that the User provides false, inaccurate, outdated, incomplete or misleading information, Eterno Health may immediately and without notice or compensation suspend access to the User's account and temporarily deny access to all or part of the Services.

4.5 The user can make appointments for himself or a relative via the Eterno web app. This presupposes that this relative has given permission for the

  1. Use of its personal data and their registration on the Eterno web app as well as
  2. to arrange an appointment on its behalf was issued.

4.6 The User undertakes to provide the telephone number and e-mail address of the Relative when creating the User's account for the Relative or when making the appointment online, so that the Relative can receive the SMS/email notifications related to the appointment, as well as any documents related to his/her care that the Health Professional may wish to send him/her. In the event that it is not possible to provide the relative's contact details, the user must obtain their prior consent in order to manage information and documents related to their appointment on their behalf.

5. technical specifics for access to the services

The user undertakes to keep the access data to his user account secret and not to pass it on in any form. If the User's access data is lost or stolen or otherwise becomes accessible to third parties, the User must notify Eterno Health immediately so that Eterno Health can immediately deactivate or update the relevant access data.

The User shall be solely responsible for the use of his/her access data, in particular if he/she saves his/her access data for an automatic connection to the Services on a device.

Any access, use of the Services and data transmission from the User Account shall be deemed to have been performed by the User.

In this regard, the User must ensure that he/she has actually disconnected from the Services at the end of each session, especially when accessing the Services from a public computer. The user will be logged out automatically after a period of 24 hours.

6. notifications sent to the user ‍.

6.1 The health care professional may send notifications to the user via Eterno Health in accordance with data protection regulations.

  1. for the appointment confirmation, cancellation or reminder;
  2. for information on document transmission;
  3. for information about appointment changes or
  4. for other information necessary for the execution of an appointment,

send.

6.2 These notifications are sent by Eterno Health on behalf of the health care professional with whom the User has scheduled an appointment through Eterno Health or through another means independent of Eterno Health. Eterno Health shall not be liable to the User if a notification is not received for technical reasons beyond Eterno Health's control.

The user can freely decide about receiving notifications. The decision is made by the user to the healthcare professional, who is solely responsible for deactivating the sending.

6.3 Reliable receipt of notifications depends on correct data entry by the user.

7. obligations, liability and warranty of Eterno Health

7.1 Eterno Health is not itself a healthcare facility and does not provide healthcare services.

7.2 The User acknowledges that Eterno Health cannot be held liable for interruptions or delays of the Services beyond its control and, in particular, that the provision of the Services depends on the reliability, availability and provision of permanent connections by third parties (telecommunication network operators, public Internet, User's equipment, etc.) and on the accuracy and completeness of the User Data. Eterno Health may be required to suspend the Services for scheduled maintenance by Eterno Health or one of its subcontractors or in case of technical necessity (emergency maintenance).

7.3 Eterno Health shall be liable, irrespective of the legal grounds, for damages caused by it, its legal representatives or its respective vicarious agents in accordance with the following provisions: Eterno Health shall be liable in the event of intentional and grossly intentional acts. In addition, Eterno Health shall be liable in the event of a slightly negligent breach of material contractual obligations on the merits, but limited in amount to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those obligations which make the proper performance of the contract possible in the first place and on which the contracting parties may regularly rely. In addition, Eterno Health shall be liable in cases of mandatory statutory liability, in particular in the event of the assumption of a guarantee or in the event of injury to life, body or health or under the Product Liability Act. Otherwise, the liability of Eterno Health is excluded.

8. general obligations of the user

The user undertakes:

  1. to comply with the terms of the contract, in particular the GTC;
  2. Eterno Health to provide any proof of identity that may be required;
  3. To provide Eterno Health with all information necessary for the provision of the Services and to regularly update the User Data (as well as the data of any dependents). The User shall be solely liable for any consequences related to any error or delay in updating said data;
  4. to verify that the technical requirements communicated for the use of the Services, if any, exist;
  5. to protect against risks of data, file and program loss or theft through the use of antivirus software packages that are regularly updated;
  6. to maintain the utmost confidentiality with regard to the access data in order to prevent unauthorized use of the Services;
  7. to comply with the laws and regulations applicable to the Contract when using the Services;
  8. Not to use the Services in any way that could harm the reputation of Eterno Health or its health professionals (including, without limitation, by making defamatory or offensive statements);
  9. that the usage data, which he communicates in the context of the use of the Services, does not violate the rights of third parties and that he has been authorized to disseminate it.
  10. to use the Services for personal and private purposes only. The Services cannot be used for business or for-profit purposes.

8.2 In addition, the user is responsible for:

  1. the use of the Services by him or his dependents,
  2. The user data and/or family data that he or she provides to Eterno and to health professionals working in or accessible through Eterno Hubs; and
  3. The consequences of the use of this data by Eterno Health and/or the health professionals and their assistants.


9. doctors overview

9.1 The Physician Overview allows the User to search for a health professional according to various criteria (location, specialty, languages, treatments, etc.) and to access the Eterno profile page of the health professional searched for.

9.2 In the case of health professionals whose profession is regulated, Eterno Health refers the User to the websites of competent professional associations and, for non-regulated professions, to the representative professional associations in order to obtain a comprehensive list of the members of each relevant profession.

9.3 In no case shall the User be restricted in the free choice of health professionals as required by law. Eterno Health shall in no case be liable for the accuracy of the data provided to a health professional on the Eterno Physician Profile Page. The accuracy and updating of this data is the exclusive responsibility of the health professional.


10. online appointment service

10.1 The User may make an appointment online or by telephone at any time with a health care professional for whom Eterno Health provides appointment scheduling services, for himself or for dependents, for treatment at a facility, or for a video consultation, if the appointment is shown as available.

Each appointment is transmitted in real time to the healthcare professional, who can postpone the appointment if necessary or delete it from their appointment calendar in accordance with legal requirements. In this case, the user will be notified immediately (e.g. by email, SMS or push message).

10.2 The User may also

  1. manage (cancel, change) his appointments and those of his relatives,
  2. with his consent, follow the progress of his appointments and those of his relatives and
  3. Share documents to prepare an appointment for yourself or a loved one.

10.3 It is the User's responsibility to make any checks they feel are necessary or appropriate before making an online appointment with any healthcare professional working in or accessible via an Eterno Hub.

10.4 The User is informed that a health professional may make an appointment on his/her behalf for referral through Eterno Health. Any online appointment made in this context shall be made under the sole responsibility of the health professional concerned in the context of the exchange with the User. The User is informed that he/she has the free choice of the doctor, the health facility and the type of treatment.

10.5 The use of the Services shall in no way directly or indirectly affect or weaken the responsibilities and obligations of the health professionals working in or accessible through Eterno Hubs towards the Users. The professional practice of the health professionals is carried out independently and in accordance with professional and other legal regulations.

Eterno Health cannot be held responsible in any way for any cancellation or unavailability of the health professional after the online appointment has been made by the user through the online appointment scheduling service.

The User undertakes to fill in all the necessary data requested from him/her for booking and execution of the appointment.


10.6 The agreement of an appointment via the online appointment service constitutes a binding obligation. The User shall inform the Health Professional in advance of any non-appearance at an agreed appointment. This information may be provided either through the cancellation system provided by Eterno or through any other means of contacting the health professional. Failure to appear may result in legal consequences or interference with the course of treatment, over which Eterno Health has no control.

The health professional may block the user's online appointment from the second unattended appointment. If the health professional decides to block the online appointment, the user will not be able to make appointments for a maximum period of three (3) years or until the health professional re-enables the online appointment. The Health Care Professional is solely responsible for the decision to block a patient from making online appointments.

Eterno Health assumes no liability for disputes related to a health care professional's blocking of a patient's online appointment.


11. video consultation

THE VIDEO CONSULTATION IS NOT A MEDICAL EMERGENCY SERVICE. IN AN EMERGENCY, THE USER SHOULD DIAL 112 OR GO TO THE EMERGENCY ROOM.

11.1 In order to use a high-quality video consultation, the User must have at least the following equipment:

  1. A smartphone or Internet-enabled computer with a camera of sufficient resolution and
  2. a sufficiently fast Internet connection.

11.2 If these technical requirements are not met, the health professional may terminate the video consultation and, if necessary, charge the User for the treatments performed. Eterno Health only provides technical services that enable teleconsultation via video transmission.

11.3 At the specified time, the User or Participating Relative will be asked to join the teleconsultation a few minutes before the video consultation in order to ensure the quality of the audio and video connection on the smartphone or computer. Upon establishing the connection for the video consultation, the user or participating relative is then placed in a virtual waiting room, the duration of which is at the discretion of the health professional. The healthcare professional will then start the video consultation. Eterno Health is not responsible for delays or cancellations caused by the health professional.

11.4 The User undertakes to use the video consultation service under conditions that enable him/her to ensure confidentiality and the smooth flow of the exchange with the healthcare professional. In particular, the User must ensure that the teleconsultation is carried out in a place to enable high-quality teleconsultation.

11.5 The health professional is solely authorized to decide on the appropriateness of remote treatment of the user and may cancel remote treatment if the conditions for remote treatment are not met. The duration of a video consultation is subject to the discretion of the health care professional. The user must follow the instructions of the healthcare professional during the video consultation to ensure optimal treatment and/or diagnosis.

The health professionals conduct the video consultation independently and in accordance with professional and other legal regulations. The video consultation is the sole responsibility of the user and the health professional.

11.6 The User undertakes not to record, copy or distribute any content or excerpts of content in connection with the video consultation.

The video consultation will not be recorded by the health care professional, Eterno Health or any other third party.

The user is reminded of his legal obligation to respect the right to the image and respect for privacy.

11.7 In the event of a technical malfunction, the user must inform the health professional immediately. In the event of an arbitrary interruption of the video consultation by the user, the user shall be liable to the health professional.

11.8 The User may receive documents in the "My Appointments" section of his/her User Account after the video consultation has been conducted. The creation of a prescription is at the discretion of the health professionals.

11.9 Verbal or written discourtesy to health care professionals may be prosecuted and may result in suspension or even termination of the user's account by Eterno Health.

11.10 Eterno Health cannot guarantee the compliance of the video consultation when used across borders.

11.11 In the context of an assisted video consultation, the online appointment as well as the video consultation can be carried out by a publicly recognized nurse on behalf of the User via the Eterno Health account of the publicly recognized nurse. In this respect, the nurse is jointly responsible for compliance with the legal regulations for telemedicine treatments.


12. document management service

12.1 in his user account the user can:

  1. share documents with health professionals for themselves or for a relative on their own initiative or at the request of a health professional, whether they are documents that the user has already saved in the "My Documents" section on Eterno Health or that the user imports directly from an external medium (the document imported in this way is then automatically added to the "My Documents" section on Eterno Health),
  2. access, view or download shared documents via the "My Documents" tab after the end of a consultation or video consultation held on site,
  3. when making an appointment online, in the "My Appointments" tab, starting by sharing their documents with health professionals for themselves or for a relative,
  4. share a document with a third party via email using the Eterno web app.


12.2 The User remains the sole owner of the documents he/she adds to the Document Management Service and of the documents that healthcare professionals submit to it.

He has the possibility to add, view, rename, download and delete these documents at any time.

A document deleted by the user is permanently deleted from the document management service and does not include the patient record.

The healthcare professional maintains a separate patient record to which the user does not have access via the Eterno web app. In the event that the user wishes to ensure that a document in the patient record is deleted by the healthcare professional, he or she must submit an explicit request for deletion of the document to the healthcare professional.

12.3 In addition, the User remains solely responsible for the legality of the content of the documents he/she adds to the Document Management Service or shares with healthcare professionals or other persons.

12.4 Eterno Health is in no way responsible for the content or accuracy of the documents that healthcare professionals submit to the User by posting to the Document Service .

12.5 The user is solely responsible for the transmission of documents containing health data to third parties.


13. eterno health portal

13.1 In his user account, the user can enter health-related data under the tab "Eterno Health Portal".

  1. save for yourself or for a relative;
  2. Make available to health professionals on their own initiative or at the request of a health professional,
  3. view or download,
  4. Health professionals or third parties via email, e.g. to fill out an (electronic) medical history form.

13.2 The User remains the sole owner of the data he/she adds to the Eterno Health Portal.

He has the possibility to add, view, rename, download and delete this data at any time.

The data deleted by the user is permanently deleted.

The healthcare professional maintains a separate patient record to which the user does not have access via the Eterno web app. In the event that the user wishes to ensure that a document in the patient record is deleted by the healthcare professional, he or she must submit an explicit request for deletion of the document to the healthcare professional.

13.3 In addition, the User remains solely responsible for the legality of the content of the data he/she adds to the Eterno Health Portal or makes accessible or transmits to health professionals or other persons.

13.4 The User is solely responsible for the transmission of data containing health information to third parties.


14 Intellectual property

14.1 The Services of Eterno Health and all components of which they are composed are, unless otherwise specified, the exclusive property of Eterno Health.

14.2 No provision of the Agreement may be construed as an assignment of any intellectual property rights.

14.3 Eterno Health grants the User a personal, non-exclusive, non-transferable and non-assignable right to use the Eterno Web App for the duration of the Agreement.

14.4 The User undertakes,

  1. not to attempt to access or copy the source codes of the Eterno web app or website;
  2. not to use the Eterno web app or website for any purpose other than the use of the Services;
  3. not to make copies of the Eterno web app or website;
  4. not to reproduce, correct, extract, modify, translate into one or more languages or integrate the Eterno Web App or Website into other software or create derivative works based on the Eterno Web App or Website;
  5. not to resell, rent or commercially exploit the Eterno Web App or Website and not to transfer the Eterno Web App or Website to any third party;
  6. Not to conduct penetration testing or attempt to obtain a denial of service for the Services.

14.5 The User acknowledges that all violations of the present article constitute a violation of the law and may be subject to civil or criminal penalties.

14.6 No special features are warranted for the Eterno Web App or Website, unless such features are provided for in other sections.


15. blocking

Eterno Health reserves the right to investigate any suspicion of misuse or material breach of contract, to take appropriate precautions and, if there is reasonable suspicion, to block the user's access. Abusive behavior includes in particular any

defamatory, threatening, or insulting statements in speech or writing. If the suspicion can be dispelled, the blocking will be lifted again, otherwise Eterno Health is entitled to an extraordinary right of termination if necessary.

Suspension of all or part of the Service(s) will result in temporarily limiting or preventing access to the Service(s) in question.

Eterno Health shall not be liable for any damages resulting from the suspension of the Services, to the extent that cause existed hereunder pursuant to the foregoing provision.


16. termination

16.1 Termination by Eterno Health

Eterno Health may terminate the contract with one month's notice without giving reasons.

The right to extraordinary termination for cause remains unaffected. An extraordinary reason for termination may exist in particular in the case of defamatory, threatening or insulting statements.


16.2 Termination by the User

The user may terminate the contract at any time by sending a message to support@eternohealth.de or in his user account ("My account" section).

Prior to termination of the Agreement, the User may retrieve his User Data and the Belonging Data in a suitable format before deleting his User Account. The User warrants that it has all the necessary rights and/or permissions to recover the above data.


16.3 Consequences of termination

Termination of the Agreement by Eterno Health or the User shall result in the automatic

  1. Withdrawal of the user's right to access his account;
  2. to delete or make anonymous all user data and relatives' data as well as all medical records contained in the user accounts, provided that there are no retention regulations to the contrary.

However, Eterno Health is entitled to keep a copy of the confidential information if there is a legal obligation to do so.


17. protection of personal data

The privacy notices accessible here and available on the Website (www.eterno.helath) /App describe the respective roles and obligations of the User and Eterno Health with respect to the processing of personal data in the course of the performance of the Services.

If the user uses the user account to book or manage appointments for a relative, the user declares,

  1. That he or she has provided the relative with a copy of the above privacy notice,
  2. that the relative has authorized the user to consent to the processing of his/her personal data on his/her behalf,
  3. That he/she agrees to provide evidence of such authorization by any appropriate means upon request by Eterno Health,
  4. that he or she has legal authority to do so if the relative lacks legal capacity.


18. cancellation policy

The user has the right to revoke the contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us Eterno Health GmbH, Torstraße 85-87, Unit 75 / 79, 10119 Berlin, Germany, support@eternohealth.de by means of a clear declaration (e.g. a letter sent by post or an e-mail) about your decision to revoke this contract. You can use the attached model withdrawal form, which is not mandatory.

In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Your right of withdrawal expires prematurely when we have provided the service in full.

Consequences of revocation:

If you withdraw from this contract, we must refund all payments we have received from you immediately and at the latest within fourteen days of the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

Sample cancellation form:

(If you want to cancel the contract, please fill out this form and send it to us).

To

Eterno Health Ltd,

Gate Street 85-87, Unit 75 / 79

10119 Berlin

support@eternohealth.de


I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service.


Ordered on (*)/received on (*)


Name of the consumer(s)


Address of the consumer(s)


Signature of the consumer(s) (only in case of notification on paper)


Date


- End of the cancellation policy -


19. final provisions

19.1 Should individual provisions of this contract be or become invalid or unenforceable, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by an alternative provision which comes as close as possible to the objective of the invalid or unenforceable provision.

19.2 With regard to the use of the Website, the Terms and Conditions deposited and included on the Website at the respective time of use shall apply.

Eterno Health shall be free to amend these GTC at any time, in particular to take account of legal and/or technical developments or restrictions, provided that amendments do not affect this Clause 19.2 or main service obligations or amendments are equivalent to the conclusion of a new contract.

The user will be informed about the change of the GTC at least six weeks before it comes into force.

The user may object to the change within this period. After the expiration of the period, the change comes into force. If the user objects, Eterno Health has the option to terminate the user relationship extraordinarily. Eterno Health will separately point out the possibility of objection and compliance with the deadline. The right of termination of the parties remains unaffected.

19.3 Eterno Health provides the User with a helpdesk and contact form and publishes an FAQ page that can be accessed here.

19.4 Eterno Health may occasionally invite the User to participate in voluntary satisfaction surveys designed to evaluate the quality of Eterno Health's services. The User is under no obligation to Eterno Health to answer these surveys.

19.5 In order to prove damage (proven or suspected) to the reputation of Eterno Health and/or health professionals or to the physical or mental integrity of other Users, Eterno Health may refer to messages sent to Eterno Health, which it has previously anonymized to ensure the confidentiality of their exchange, as long as the content of the messages does not allow identification.

19.6 The parties shall endeavor to achieve the objectives stated in the contract. In particular, the party suffering from the non-fulfillment of an obligation shall take all reasonable measures to minimize the possible resulting damage. If it fails to do so, it may only claim compensation from the other party for the damage it was unable to avoid.

19.7 Eterno Health may offer User to try beta versions for certain Services. Beta Services are provided for evaluation purposes only and cannot be used in a production environment. User acknowledges that beta versions may contain bugs, errors

and other problems and approves them "as is" without warranty of any kind. Eterno Health cannot be held responsible for

  1. Problems related to the user's use of the beta versions will be held liable;
  2. can interrupt their use;
  3. may delete all data contained in the above beta versions without any liability.

19.8 A reference to a document or a legal provision always refers to the current version applicable at the time.

19.9 Eterno Health is not responsible for the operation, quality of information, and content of third party websites that are not under the control of Eterno Health but to which Eterno Health's Services link.

19.10 Before taking legal action, Eterno Health and the User shall endeavor to reach an amicable settlement. The European Commission provides a platform for out-of-court online disputes (https://ec.europa.eu/consumers/odr). As a first point of contact, we are available at support@eternohealth.de at your disposal.

Eterno Health is neither willing nor obligated to participate in a formal dispute resolution process before a consumer arbitration board.

19.11 The present contract shall be governed by German law under

Exclusion of the UN Convention on Contracts for the International Sale of Goods Application. The application of the UN Sales Convention is excluded. If the User uses the Eterno Web App as a consumer and has his habitual residence in another country at the time of use, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.

19.12 Words in the singular include the plural and vice versa. A reference to a document, standard, regulation, code or other document implies any change or update to the document, standard, regulation or code. Any reference to an amount of money refers to the currency Euro.