Terms and Conditions of Meneiti GmbH for Users
These General Terms and Conditions ("Platform Terms and Conditions") of Meneiti GmbH, Zum Alet 13, 88662 Überlingen ("Meneiti") regulate the use of the Orange Salamander app, which is available at [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 referred to collectively as "Services" and the underlying contract, which includes the Platform Terms and Conditions, is referred to as the "Platform Contract").
The following terms have the meaning assigned to them in these Platform Terms and Conditions, unless expressly stated otherwise 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 posted and/or exchanged by PM Companies and/or Users via the Platform, in particular, 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 industry, such as professional societies or university hospitals, which publish medical information on the Platform and use the Platform and the 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 for the use of the services and the platform, unless expressly agreed otherwise.
2.2 The Platform Terms and Conditions apply in addition to the terms of use 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, the Platform Terms and Conditions take precedence over the terms of use of the App Store Operators with regard to the relationship between Meneiti and the respective user (as defined below). The App Store Operators are, however, entitled to assert the rights arising from these terms of use against the users directly against the users.
2.3 Any contractual relationships between PM companies and users are not the subject of these Terms and Conditions, but are subject to separate legal regulations. Meneiti is not a party to these contracts and merely provides the platform for the exchange of information.
2.4 Users’ terms and conditions 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 cannot be attributed primarily to their commercial or 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 the user the opportunity to obtain information 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 comes from the respective PM company. The respective PM company is solely responsible for the completeness, admissibility, accuracy and timeliness of the medical information.
4. Use of the platform and services
4.1 Meneiti operates the platform and grants users the opportunity to access the services and use them 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, use of a user account and use of the Platform are free of charge for the User.
4.3 The prerequisite for using the Platform and the Services is the successful registration and creation of an account with the mandatory information specified on the Platform ("User Account") in accordance with Section 5.
4.4 The user can use the services via an app and, if necessary, later on a web-based basis via a browser. The prerequisite for using the services is that the user has a terminal device that corresponds to the current state of the art and meets the relevant specifications that are specified as minimum requirements on the platform. In addition, the use of the services requires that the user has an internet connection that has a sufficient data transfer rate and sufficient storage space on the user's terminal device.
4.5 The User must keep the terminal device used to access the Services up to date and have anti-virus protection installed.
5.1 As part of the registration, the user accepts the platform terms and conditions and acknowledges Meneiti's data protection information. The platform terms and conditions, the data protection information and other documents are made available to the user by Meneiti via a link in the app and on the homepage 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 password of their choice and a valid email address. The email address must be suitable for long-term communication and must be confirmed; 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 Doctors of human and veterinary medicine, dentists and psychological psychotherapists. By registering and agreeing to these platform terms and conditions, the user confirms that he or she is a licensed doctor, dentist or psychological psychotherapist.
5.4 There is no legal right to use the services or access the platform. Meneiti is entitled to refuse registration of a user without giving reasons.
6. Duty of truth, 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 reported to Meneiti immediately via the user account.
If the user fails to comply with this obligation, Meneiti may terminate the contract without notice and exclude the user from using the platform and the services.
6.2 The user undertakes to ensure that his access data, in particular his password, is not made accessible to third parties. The user bears sole responsibility for all actions carried out via his user account and/or use of his registration data. If there are indications of misuse of the user account or if third parties have nevertheless gained knowledge of the access data, the user is obliged to report this to Meneiti immediately and to change his access data.
6.3 If Meneiti suspects that the services are being used improperly by the User or by third parties, it is free to exclude the User from using the Platform temporarily or permanently with immediate effect.
7. Use of the chat function
7.1 The chat function is a free service that gives users the opportunity to get in direct contact with field staff from PM companies. Communication via the chat function is not public and is conducted exclusively between the user and the respective field staff. The user can also ask questions to the field staff as part of an exchange of medical knowledge and information. The field staff is shown the name with which the user registered on the platform and, if entered by the user, a profile picture, their title, address, telephone number, email address. However, the field staff does not receive any further information via Meneiti.
7.2 Meneiti reserves the right to restrict or discontinue the chat function at any time or to provide it in a modified or adapted form if this is advantageous for the users or to ensure compliance with applicable law or to comply with a court ruling or an administrative decision.
7.3 For data protection reasons, the user is prohibited from exchanging patient-related and thus sensitive personal data with the respective field representative via the chat function. The exchange of information or knowledge, in particular with questions about or regarding medically relevant platform data, must take place exclusively in anonymous form. The user acknowledges that the field representative will under no circumstances make diagnoses or second opinions in the sense of a consultant doctor due to the lack of reference to an individual case.
7.4 Meneiti is not liable for the information provided by the field representative or for the storage, transmission, correct display or loss of the platform data provided by the user via the chat function.
7.5 The platform data provided by users and field staff are neither processed nor controlled by Meneiti. Meneiti assumes no responsibility for the content of the chats, in particular information provided by field staff cannot be attributed to Meneiti in any way. The respective field staff of the PM companies communicate independently of Meneiti and the PM companies themselves are responsible for the 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 not any reporting obligations regarding side effects. Information and reporting obligations must be submitted to the responsible authority or via the information channels provided for this purpose.
8.1 Meneiti strives to ensure the greatest possible availability of the services.
8.2 Maintenance work, security and capacity reasons, technical or operational circumstances and events outside the control of Meneiti may lead to a temporary or permanent unavailability of the services. Meneiti reserves the right to temporarily restrict access to the services or the possibility of using them in whole or in part if this is necessary due to capacity limits or 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). If possible, Meneiti carries out maintenance work during the time after 8 p.m. and before 8 a.m. German time.
9. Third Party Rights, Updates
9.2 In the event of a functional impairment of the services, the user should notify Meneiti by email to info@orangesalamander.com describing the functional impairment. Meneiti is not obliged to remedy the specific functional impairment, but will provide updates that are necessary to maintain contractual compliance and to remedy functional impairments. The user is obliged to install the updates within a reasonable period of time. If the user does not install the updates provided by Meneiti, Meneiti is not liable for deviations from the contractual state of the platform that are due to the lack of the corresponding update.
10.1 The user is obliged to use platform data exclusively within the scope of his or her own medical, dental or psychotherapeutic activity for professional training and for the professional exchange of opinions and experiences with registered users. The transmission of platform data to third parties as well as any advertising and commercial activity, in particular the offering or advertising of services or goods, the systematic collection and summarization of platform data is not permitted. Any other use or publication of platform data from the platform remunerated by third parties is prohibited unless it has been approved in advance in writing by Meneiti or the PM company concerned.
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 the posting of which (i) is offensive, defamatory, discriminatory, sexist, immoral, pornographic, racist or in any other way objectionable; (ii) is irrelevant or intentionally untrue, (iii) violates 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 or constitutes a criminal offense or refers to pages with such content; (vii) contains computer programs that damage software or hardware or can impair the use of computers, contain viruses or other malware; (viii) may damage the reputation of Meneiti and/or the Platform, or (ix) serve the purpose of collecting and/or using personal data from other users or PM companies, particularly for commercial purposes (collectively referred to as "Prohibited Content").
b) not to use the Services improperly and only in accordance with applicable law;
c) not to take any action aimed at circumventing 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, use computer programs that enable the automatic reading of data, as well as use/employ 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 damages resulting from the use of the Services;
(e) not to participate in or promote illegal activities, particularly fraudulent activities;
f) not to use, employ or operate 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 using the Services, termination of the Platform Agreement without notice and the initiation of civil and criminal proceedings as well as 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. To the extent that Meneiti publishes editorial summaries or compilations of platform data posted by PM companies or users, these are merely referenced by Meneiti. The respective PM company or user remains responsible for such platform data.
11.3 Meneiti employees are not authorized to make their own statements to users regarding PM companies or the medical information. The only relevant information for the user is the platform data provided by the respective PM company.
11.5 If the User discovers Platform Data within the Platform that contains Prohibited Content or infringes his copyright (or that of a third party), he 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 that has already been published, in particular if platform data contains prohibited content, the user has otherwise violated these Terms and Conditions or there are indications of this. The same applies if links are set to third-party websites that lead directly or indirectly to pages with prohibited content. There is no right to restore platform data. Meneiti reserves the right to initiate criminal 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 term of the Platform Agreement, is revocable, non-exclusive, non-sublicensable and non-transferable.
12.3 The content of the platform according to Section 12.2 is intended for the personal use of the user only. It is prohibited to copy, edit, reproduce, publish, stream, broadcast or otherwise distribute, transfer to third parties, sell or otherwise make available to third parties content of the platform according to Section 12.2 for any other purpose without the express consent of Meneiti, other users, PM companies or third-party licensors.
12.4 The user grants Menetiti, to the extent that he is entitled to copyrights or other intellectual property rights in relation to his platform data, a spatially, temporally and content-wise unlimited, free of charge, non-exclusive, transferable and sublicensable right to use the platform data in accordance with these platform terms and conditions. Meneiti accepts the granting of rights.
12.5 The User ensures that he has all rights to his Platform Data or has a right of use to his Platform Data that is necessary to grant Meneiti the right of use under Section 12.4 and that the use of the Platform Data by Meneiti under the Agreement 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 made available by Meneiti are the sole property of Meneiti or third parties, even if they are based on requests or error reports from Users, and the User has no rights to them.
13.2 The above limitations of liability also apply in the event of negligence on the part of a vicarious agent of Meneiti as well as for the personal liability of the bodies, employees and representatives of Meneiti.
To the extent that Meneiti is held liable for Inadmissible Content in connection with the User's Platform Data or other violations of these Platform Terms and Conditions, laws or official regulations that can be traced back to the User, the User undertakes to defend and indemnify Meneiti at its own expense against any claims, lawsuits or liability claims brought against Meneiti by a third party, as well as against all losses (including reasonable legal fees) suffered by Meneiti due to the violation of third party rights (including in particular patent, copyright, trade secret or trademark infringements or other commercial exploitation), unless the User proves that the violations are not the User's responsibility. Meneiti will notify a User immediately in writing of such third party claims and allow the User to assist Meneiti, to the extent legally possible, in defending or settling such third party claims.
15. Contract term, termination
15.1 The Platform Agreement is concluded for an indefinite period and can be terminated by Meneiti and the User in text form by email to info@orangesalamander.com or through the corresponding functionality in the user account with a notice period of thirty (30) days.
15.2 Termination for good cause remains unaffected for both parties. Good cause for Meneiti exists in particular, but not exclusively, if one or more of the following events occur:
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 tell the truth and to keep information 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 sent to the User via the communication area set up on the Platform, but exclusively to the e-mail address last provided by the User.
15.4 If the contract is terminated, Meneiti will delete all of the user's data within the platform within thirty (30) days of the termination taking effect, insofar as this is legally permissible, in particular insofar as there are no statutory retention or archiving periods to the contrary.
16. Communication
The user agrees that from the time of registration on the platform, any 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 in mandatory legal provisions.
17.1 Should individual provisions of these Platform Terms and Conditions be or become invalid or ineffective in whole or in part, or should the Platform Terms and Conditions contain a gap, this shall not affect the validity of the remaining provisions. Statutory law shall take the place of any provisions not included or ineffective. In all other respects, Meneiti and the user shall agree on an effective provision in place of the invalid or ineffective provision that is as close as possible to its economic purpose, unless a supplementary interpretation of the contract takes priority or is possible.
17.3 If the Platform 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 non-contractual obligations related to them are subject to German substantive law. 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.
***
Status: 29.09.2022
*The forms chosen in the articles always refer to all genders.