Terms and Conditions of Meneiti GmbH for App Users
General Terms and Conditionser Meneiti GmbH
These General Terms and Conditions (“Platform Terms and Conditions”) of Meneiti GmbH, Zum Alet 13, 88662 Überlingen (“Meneiti”) govern the use of the Orange Salamander App, which is available under [the App / on the homepage www.orangesalamander.com] (“Platform”) and for all services related to the Platform (the Platform and the services provided in connection with the Platform are hereinafter collectively referred to as “Services” and the underlying contract which incorporates the Platform Terms and Conditions as the “Platform Contract”).
The following terms have the meaning assigned to them in these platform terms and conditions, unless otherwise expressly specified below in individual cases:
(b) "User" means any user of the platform who has successfully registered.
(c) "Platform data" means all data, information, content, text, graphics, images, videos or related storage media that are posted and/or exchanged by PM companies and/or users via the platform, including, but not limited to, medical information, calendar entries via the event calendar and information and communication exchanged via the chat function (as defined below).
(d) "PM companies" means companies in the pharmaceutical and medical technology industries, as well as, for example, professional societies or university hospitals, which publish medical information on the platform and use the platform and services based on a separate agreement with Meneiti.
2.1 The platform terms and conditions apply to all business relationships between Meneiti and the users, in particular to the use of the services and the platform, unless expressly agreed otherwise.
2.2 These Platform Terms and Conditions apply in addition to the terms of service published by Apple (as operator of iTunes/the Apple App Store), Google (as operator of the Google Play Store), or other providers (hereinafter collectively referred to as the "App Store Operators"). In the event of conflicts or contradictions, these Platform Terms and Conditions take precedence over the App Store Operators' terms of service with regard to the relationship between Meneiti and the respective user (as defined below). However, the App Store Operators are entitled to enforce their rights arising from these terms of service directly against the users.
2.3 Any contractual relationships between PM companies and users are not subject to these Terms and Conditions, but are governed by separate legal regulations. Meneiti is not a party to these contracts and merely provides the platform for the exchange of information.
2.4 The terms and conditions of the users do not apply, even if Meneiti has not expressly objected to their validity in individual cases.
2.5 Meneiti operates a closed platform. Consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e., natural persons who conclude a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity, are not permitted to register. These Terms and Conditions do not apply to contracts with consumers.
3. Subject of the services
3.1 The platform offers users the opportunity to learn about medical news and products. The medical information is published on the platform by Meneiti for and on behalf of a PM company. All platform data relating to individual medical information originates from the respective PM company. The respective PM company is solely responsible for the completeness, legality, accuracy, and timeliness of the medical information.
3.2 A chat function allows users to contact a PM company or a PM company field service representative directly and exchange messages ("chat function," see section 7). Meneiti provides only the chat function via the platform; Meneiti is not responsible for platform data exchanged through this function.
3.3 The event calendar accessible via the platform allows users and PM companies to enter events and dates. Direct booking is not offered through the platform. The user and/or PM company is responsible for the accuracy and completeness of the entered events. Meneiti merely provides the event calendar function via the platform.
3.4 Meneiti merely operates the platform and is not responsible for platform data of users and PM companies (see section 11).
4.Use of the platform and services
4.1 Meneiti operates the platform and grants users the opportunity to access and use the services as intended. The functionalities and other characteristics of the services are set out in these Platform Terms and Conditions and the descriptions available on the platform.
4.2 Registration on the platform, the use of a user account and the use of the platform are free of charge for the user.
4.3 The prerequisite for using the platform and the services is successful registration and creation of an account with the mandatory information specified on the platform ("user account") according to section 5.
4.4 The user can access the services via an app and, if applicable, later via a web browser. Use of the services requires that the user has a device that meets current technological standards and fulfills the relevant specifications listed as minimum requirements on the platform. Furthermore, use of the services requires an internet connection with sufficient data transfer rate and sufficient storage space on the user's device.
4.5 The user must keep the terminal device used to access the services up to date and have antivirus protection installed.
5.1 As part of the registration process, the user accepts the platform's terms and conditions and acknowledges Meneiti's privacy policy. The platform's terms and conditions, the privacy policy, and other documents will be made available to the user by Meneiti via a link in the app and on the website www.orangesalamander.com for permanent storage.
5.2 To create a user account, the user must provide their first and last name, a valid mobile phone number, a self-chosen password, and a valid email address. The email address must be suitable for long-term communication and must be verified; in particular, so-called disposable email addresses are not permitted. All data must be provided completely and correctly.
5.3 Registration as a user is only permitted for Physicians (human and veterinary medicine), dentists, and psychological psychotherapists. By registering and agreeing to these platform terms and conditions, the user confirms that they are a licensed physician, dentist, or psychological psychotherapist.
5.4 There is no legal entitlement to use the services or access the platform. Meneiti is entitled to refuse a user's registration without giving reasons.
6.Duty of truthfulness, updating and due diligence
6.1 The user undertakes to ensure that all information and data provided during the period of use of the platform are always truthful and up-to-date. Any changes to the user's data must be communicated to Meneiti immediately via the user account. Should the user fail to comply with this obligation, Meneiti may terminate the contract without notice and exclude the user from using the platform and services.
6.2 The user undertakes to ensure that their login details, in particular their password, are not made accessible to third parties. The user bears sole responsibility for all actions carried out via their user account and/or the use of their registration data. If there are indications of misuse of the user account or if third parties have nevertheless gained knowledge of the login details, the user is obligated to notify Meneiti immediately and change their login details.
6.3 In the event of suspected misuse of the services by the user or by third parties, Meneiti is free to temporarily or permanently exclude the user from using the platform with immediate effect.
7.1 The chat function is a free service that allows users to contact PM company sales representatives directly. Communication via the chat function is private and takes place exclusively between the user and the respective sales representative. Users can also ask questions of the sales representative as part of an exchange of medical knowledge and information. The sales representative will see the name the user registered with on the platform, as well as any profile picture, title, address, telephone number, and email address provided by the user. However, the sales representative will not receive any further information via Meneiti.
7.2 Meneiti reserves the right to restrict, discontinue, or provide the chat function in a modified or adapted form at any time, insofar as this is advantageous for the users, to ensure compliance with applicable law, or to comply with a court ruling or an official decision.
7.3 For data protection reasons, the user is prohibited from exchanging patient-related and therefore sensitive personal data with the respective field service representative via the chat function. The exchange of information or knowledge, particularly regarding questions about medically relevant platform data, must take place exclusively in anonymous form. The user acknowledges that, due to the lack of reference to an individual case, the field service representative will under no circumstances provide diagnoses or second opinions in the sense of a consulting physician.
7.4 Meneiti is not liable for information provided by the field service employee or for the storage, transmission, correct display or loss of platform data provided by users via the chat function.
7.5 Platform data provided by users and field staff is neither processed nor controlled by Meneiti. Meneiti assumes no responsibility for the content of chats; in particular, information provided by field staff is in no way attributable to Meneiti. The respective field staff of the PM companies communicate independently of Meneiti, and the PM companies themselves are responsible for platform data entered into the chat function by their field staff.
7.6 The chat function is not intended to fulfill the user's information and reporting obligations, in particular any reporting obligations regarding side effects. Information and reporting obligations must be submitted to the responsible authority or via designated channels.
8.1 Meneiti strives to ensure the greatest possible availability of its services.
8.2 Maintenance work, security and capacity reasons, technical or operational circumstances, as well as events beyond Meneiti's control, may lead to temporary or permanent unavailability of the services. Meneiti reserves the right to temporarily restrict access to the services or the ability to use them, in whole or in part, if this is necessary due to capacity limitations, the security or integrity of the servers, or to carry out technical measures that serve the proper or improved provision of the services (e.g., for maintenance work). Where possible, Meneiti will perform maintenance work between 8:00 p.m. and 8:00 a.m. German time.
9. Third-party rights, updates
9.2 In the event of a service malfunction, the user should notify Meneiti by email at info@orangesalamander.com, describing the malfunction. Meneiti is not obligated to remedy the specific malfunction but will provide updates necessary for maintaining contractual compliance and resolving malfunctions. The user is obligated to install these updates within a reasonable timeframe. If the user fails to install the updates provided by Meneiti, Meneiti is not liable for any deviations from the platform's contractual condition resulting from the lack of the corresponding update.
10.1 The user is obligated to use platform data exclusively within the scope of their own medical, dental, or psychotherapeutic practice for professional development and for the exchange of professional opinions and experiences with registered users. The transfer of platform data to third parties, as well as any advertising or commercial activity, in particular the offering or promotion of services or goods, and the systematic collection and compilation of platform data, is prohibited. Any other use or publication of platform data by third parties for remuneration is prohibited unless it has been approved in writing in advance by Meneiti or the relevant PM company.
10.2 The user is obliged to ensure that platform data posted by him, in particular via the chat function, does not contain any data that allows conclusions to be drawn about the identity of patients or other persons or institutions, in particular not information such as the name of the patient or other parties involved, place of residence or treatment, date of treatment, date of birth or combinations of information that allow conclusions to be drawn about the patient.
a) not to use the services to publish platform data that, or whose posting, (i) is offensive, defamatory, discriminatory, sexist, immoral, pornographic, racist, or otherwise objectionable; (ii) is factually incorrect or intentionally false; (iii) infringes the rights of third parties, in particular copyrights, or agreements with third parties; (iv) contains content that glorifies or trivializes violence, glorifies war, incites hatred, or is contemptuous of humanity; (v) is unconstitutional or contains symbols of unconstitutional organizations; (vi) otherwise violates applicable laws or official orders, constitutes a criminal offense, or links to such content; (vii) contains computer programs that can damage software or hardware or impair the use of computers, or that contain viruses or other malware; (viii) could damage the reputation of Meneiti and/or the platform, or (ix) serve the purpose of collecting and/or using personal data of other users or PM companies, especially for business purposes (collectively referred to as "Inappropriate Content").
b) to use the services not abusively and exclusively in accordance with applicable law;
c) not to take any measures aimed at circumventing the technical protection measures of the Services and to refrain from any form of unauthorized use of the Services, in particular attempts to overcome or circumvent the security mechanisms of the Services or otherwise disable them, to use computer programs that enable the automatic reading of data, as well as to use/implement and/or distribute viruses, worms, Trojans, brute-force attacks, spam or links, programs or procedures that are likely to harm Meneiti and/or other users;
d) to take all necessary and appropriate steps to prevent or limit damage caused by the use of the services;
e) not to participate in or promote illegal, especially fraudulent, activities;
f) not to use, utilize or operate any bots or other forms of automation and/or multiple accounts when using the services;
g) not to modify, adapt or reverse engineer the services.
10.6 The user is obliged to ensure that all platform data provided by him is complete, correct and up-to-date.
10.7 Any violation of Section 10 may result in immediate exclusion from the use of the services, termination of the platform agreement without notice, the initiation of civil and criminal proceedings, and the assertion of claims for damages by Meneiti against the user.
11.Responsibility for platform data
11.2 Meneiti does not provide medical, treatment-related, or other advice or recommendations. Where Meneiti publishes compiled editorial summaries or compilations of platform data submitted by PM companies or users, Meneiti merely provides information about these summaries or compilations. The respective PM company or user remains responsible for such platform data.
11.3 Meneiti employees are not authorized to make any statements to users regarding PM companies or medical information. Only the platform data provided by the respective PM company is authoritative for the user.
11.5 If the user discovers platform data within the platform that contains impermissible content or infringes their copyright (or that of a third party), they can report this to Meneiti so that Meneiti can arrange for its removal (or access to it).
11.6 Meneiti reserves the right not to publish platform data originating from users on the platform for legal, technical or other reasons, or to remove platform data already published, in particular if platform data contains impermissible content, the user has otherwise violated these Terms and Conditions or there are indications of such violations. The same applies if links are placed to third-party websites that lead directly or indirectly to pages with illegal content. There is no right to the restoration of platform data. Meneiti reserves the right to initiate legal proceedings.
12. Intellectual property
12.1 The user's right to use the platform and the components used to provide the services is limited to the duration of the platform agreement, revocable, non-exclusive, non-sublicensable and non-transferable.
12.3 The platform content described in Section 12.2 is intended solely for the user's personal use. It is prohibited to copy, edit, reproduce, publish, stream, transmit, or otherwise distribute, transfer, sell, or otherwise make available to third parties any platform content described in Section 12.2 for any other purpose without the express consent of Meneiti, other users, PM companies, or third-party licensors.
12.4 By publishing his platform data on the platform, the user grants Menetiti a spatially, temporally and substantively unlimited, royalty-free, non-exclusive, transferable and sublicensable right of use to the platform data in accordance with these platform terms and conditions. Meneiti accepts the granting of rights.
12.5 The user shall ensure that he has all rights to his platform data or a right of use to his platform data that is necessary to grant Meneiti the right of use in accordance with section 12.4 and that the use of the platform data by Meneiti under the contract does not violate these platform terms and conditions or applicable legal provisions and does not infringe any intellectual property rights or other rights of third parties.
12.6 The user acknowledges that all further developments provided by Meneiti are the sole property of Meneiti or third parties, even if they are based on requests or bug reports from users, and the user has no rights to them.
13.2 The foregoing limitations of liability also apply in the event of fault on the part of an agent of Meneiti as well as to the personal liability of the officers, employees and representatives of Meneiti.
To the extent that Meneiti is held liable for impermissible content in connection with the user's platform data or other violations of these platform terms and conditions, laws, or official regulations attributable to the user, the user agrees to defend and indemnify Meneiti at its own expense against any claims, actions, or liabilities brought against Meneiti by a third party, as well as against all losses (including reasonable attorneys' fees) incurred by Meneiti as a result of the infringement of third-party rights (including, in particular, patent, copyright, trade secret, or trademark infringements, or other commercial exploitation), unless the user proves that the infringements are not attributable to the user. Meneiti will promptly notify the user in writing of such third-party claims and will permit the user to assist Meneiti, to the extent legally permissible, in defending against or settling such third-party claims.
15. Contract duration, termination
15.1 The platform agreement is concluded for an indefinite period and can be terminated by Meneiti and the user in text form via email to info@orangesalamander.com or terminated by using the corresponding functionality in the user account with a notice period of thirty (30) days.
15.2 Termination for cause remains unaffected for both parties. Meneiti's right to cause includes, but is not limited to, the occurrence of one or more of the following events:
a) The user does not or no longer meets the requirements for registration on the platform according to section 5.3.
b A case of 6.1 exists (violation of the duty to be truthful and to keep up to date).
c) A case of 5.5 exists (suspicion of misuse).
d) A case of 10.4 exists (breach of the user's obligations).
15.3 In the event of termination of the platform agreement and thus of the user account, all further declarations and information will no longer be transmitted to the user via the communication area set up on the platform, but exclusively to the email address last provided by the user.
15.4 Upon termination of the contract, Meneiti will delete all user data within the platform within thirty (30) days of the termination becoming effective, insofar as this is legally permissible, in particular insofar as no statutory retention or archiving periods apply.
16. communication
The user agrees that from the moment of registration on the platform, all communication between Meneiti and the user will take place exclusively in electronic form via the communication area of the platform and by email to info@orangesalamander.com, unless expressly stated otherwise in these platform terms and conditions or by mandatory legal provisions.
17.1 Should individual provisions of these Platform Terms and Conditions be or become wholly or partially invalid or unenforceable, or should these Platform Terms and Conditions contain a gap, the validity of the remaining provisions shall not be affected. Statutory law shall apply in place of any omitted or invalid provisions. Furthermore, Meneiti and the user shall agree on a valid provision to replace the invalid or unenforceable provision, which comes as close as possible to its intended economic purpose, unless supplementary interpretation of the contract takes precedence or is possible.
17.3 If the platform's terms and conditions require written form, a simple email is sufficient unless otherwise specified.
17.4 These platform terms and conditions and their interpretation, as well as all related non-contractual obligations, are governed by German substantive law. The application of the UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
17.5 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract, including its validity, is Stuttgart.
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As of September 29, 2022
