Terms of use

‍1. Object

1. These General Terms of Use (“T&C”) of Eterno Health GmbH (hereinafter: Eterno Health), Münzstraße 12, c/o Mindspace, 10178 Berlin, Germany, represented by managing directors Frederic Haitz and Maximilian Waldmann, registry court Charlottenburg (Berlin), HRB 226632 B, apply both to the use of the website www.eterno.health (“website”) and to the use of Eterno web application (hereinafter: “app” or “eterno web app”).

The Eterno web app is an application that

enables users to manage health data and other data electronically and provides content (“services”) and

Helping healthcare professionals deliver medical services.

The services are made available to the user free of charge.

Eterno Health is not a healthcare provider. Service providers are health professionals, in particular doctors and therapeutic product 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 companies or reimbursed by private insurance companies.

If information on the amount of a health professional's fees is provided on the Eterno Health website, this is only indicative and non-binding information.

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 telephone!

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2. Definitions

The definitions applicable to these T&C may here be viewed.

3. Conditions of access to the services

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

3.2 To use the Eterno web app, in particular online appointment scheduling, the Eterno health portal and document management, it is necessary to set up a user account.

3.3 The use of the services is reserved for natural persons who have reached the age of 16. ‍

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4. Setting up a user account‍

4.1 To use the Eterno web app, the user must create a user account online. To do this, he must enter his data in the electronic registration form available via the website and click on the “Register” field. When setting up 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 fake an identity and not to reveal the identity of another person.

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

4.2 Given the nature of the services offered, Eterno Health reserves the right to verify the identity of the user itself or through a specialized third party provider, in particular to request that the user provide a copy of their identity card.

4.3 After submitting the registration form, the user will receive a confirmation email to the address provided by the user. As soon as the user has confirmed their email address, they choose their own login details. Eterno Health uses two-factor authentication to increase user account security.

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 account and temporarily deny access to all or part of the Services.

4.5 The user can make appointments for themselves or a relative via the Eterno web app. This requires that this relative has permission to

use of their personal data and their registration on the Eterno web app, and
was made to make an appointment on his behalf.

4.6 When creating a user account for the relative or when making an online appointment, the user undertakes to provide the family member's telephone number and email address so that he can receive the SMS/email notifications in connection with the appointment and any documents relating to his care that the health care professional may wish to send him. In the event that it is not possible to provide the contact details of the relative, the user must obtain their prior consent to manage information and documents related to their appointment for him.

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5. Special technical features for access to the services

The user undertakes to keep the access data to their user account secret and not to share them in any form. If the user's access data is lost or stolen or otherwise accessible to third parties, the user must immediately inform Eterno Health so that Eterno Health can immediately deactivate or update the relevant access data.

The user is solely responsible for the use of his access data, in particular if he stores his login data on a device for an automatic connection to the services.

Any access, use of the services and data transfer from the user account is considered to have been carried out by the user.

In this regard, the user must ensure that he has actually disconnected from the services at the end of each session, in particular when accessing the services from a public computer. The user is automatically unsubscribed after a period of 24 hours.

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6. Notifications sent to the user ‍

6.1 The health professional can notify the user about Eterno Health in accordance with data protection regulations

for appointment confirmation, cancellation or reminder;
to provide information about the transmission of documents;
to inform you about changes in dates, or
for other information that is necessary to make an appointment,

send.

6.2 These notifications are sent by Eterno Health on behalf of the healthcare professional with whom the user has made an appointment via Eterno Health or by any other means independent of Eterno Health. Eterno Health is not liable to the user if a notification is not received for technical reasons beyond Eterno Health's control.

The user is free to decide whether to receive notifications. The decision is made by the user vis-à-vis the health care professional, who is solely responsible for deactivating shipping.

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

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7. Duties, liability and warranty of Eterno Health

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

7.2 The user acknowledges that Eterno Health cannot be held liable for interruptions or delays in 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 (operators of the telecommunications network, the public Internet, the user's equipment, etc.) and on the accuracy and completeness of the user data. Eterno Health may be required to suspend services for scheduled maintenance by Eterno Health or one of its sub-processors, or in the event of a technical necessity (emergency maintenance).

7.3 Regardless of the legal basis, Eterno Health is liable for damage caused by it, its legal representatives or its respective vicarious agents in accordance with the following provisions: Eterno Health is liable for intentional and grossly intentional action. In addition, in the event of a slightly negligent breach of essential contractual obligations, Eterno Health is liable in principle, but limited in amount to, the damage typical of the contract foreseeable at the time of conclusion of the contract. Significant contractual obligations are those obligations which make the proper execution of the contract possible in the first place and on which the contracting parties may regularly rely. In addition, Eterno Health is liable in cases of mandatory legal liability, in particular when assuming a warranty or in the event of injuries to life, body or health, or under the Product Liability Act. In addition, the liability of Eterno Health is excluded.

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8. General duties of the user

The user undertakes to:

to comply with the terms of the contract, in particular the General Terms and Conditions;
to provide Eterno Health with any necessary evidence to verify identity;
to provide Eterno Health with all information required to provide the services and to regularly update user data (as well as data from relatives). The user is solely liable for consequences related to an error or a late update of the said data;
to verify that any technical requirements notified for the use of the services exist;
to protect against risks of data, file and program loss or theft through the use of anti-virus software packages that are regularly updated;
to maintain the highest level of confidentiality with regard to access data so as to prevent unauthorized use of the services;
to comply with the laws and regulations applicable to the contract when using the Services;
not to use the Services in a way that could damage the reputation of Eterno Health or healthcare professionals (including through defamatory or insulting speech);
that the usage data that he provides in connection with the use of the services does not infringe the rights of third parties and that he has been authorized to disseminate them.
to use the services only for personal and private purposes. The Services cannot be used for business or profit-making purposes.

8.2 In addition, the user is responsible for:

the use of the services by him or his relatives,
the user data and/or relative data that he provides to Eterno and to healthcare professionals working in Eterno Hubs or who can be reached via Eterno Hubs, and
the consequences of using this data by Eterno Health and/or healthcare professionals and their assistants.

9. Physician overview

9.1 The doctor 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 healthcare professional they are looking 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 representative professional associations in order to obtain a comprehensive list of members of each profession concerned.

9.3 In no case will the user be restricted in the free choice of health professionals required by law. Eterno Health is in no way responsible for the accuracy of the information provided on a healthcare professional's Eterno doctor profile page. The accuracy and updating of this data is the sole responsibility of the health professional.

10. Online appointment service

10.1 The user can make an appointment online or by telephone at any time with a health professional for whom Eterno Health provides appointment services, for himself or for relatives, for treatment in a facility or a video consultation if the appointment is shown as available.

Each appointment is sent in real time to the healthcare professional, who can reschedule the appointment if necessary or delete it from their schedule 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 can also

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

10.3 It is the user's responsibility to carry out any checks that he deems necessary or appropriate before making an online appointment with a healthcare professional who can be reached via an Eterno Hub.

10.4 The user is informed that a healthcare professional can make an appointment for referral on their behalf via Eterno Health. Any online appointment made within this framework is made under the sole responsibility of the relevant health professional as part of the exchange with the user. The user is informed that he is free to choose the doctor, the health care facility and the type of treatment.

10.5 The use of the Services does not directly or indirectly impair or weaken the responsibility and obligations of healthcare professionals working in Eterno Hubs or who can be reached via Eterno Hubs towards users. The professional practice of health professionals is carried out independently and in accordance with professional and other legal regulations.

Eterno Health can in no way be held responsible for a cancellation or unavailability of the healthcare professional following online appointment by the user via the online appointment service.

The user undertakes to fill out all necessary data that is requested by him to book and carry out the appointment.

10.6 Making an appointment via the online appointment service is a binding obligation. The user must inform the health care professional in advance of any non-appearance at an agreed appointment. This information can be provided either via the cancellation system provided by ETERNO or through any other means of contacting the health professional. Failure to show up may result in legal consequences or disruptions to the treatment process over which Eterno Health has no influence.

The health professional can block the user from making an online appointment from the second missed appointment. If the healthcare professional decides to block the online appointment, the user can no longer make appointments for a maximum period of three (3) years or until the online appointment is approved again by the health professional. The health care professional is solely responsible for deciding whether to block a patient's online appointment.

Eterno Health assumes no liability for disputes relating to the blocking of a patient from making an online appointment by a healthcare professional.

11. video consultation

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

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

a smartphone or an internet-enabled computer with a camera with sufficient resolution, and
a sufficiently fast Internet connection.

11.2 If these technical requirements are not met, the health care professional can end the video consultation and, if necessary, charge the user for the costs of the treatments performed. Eterno Health only provides technical services that enable teleconsultation via video transmission.

11.3 On the specified date, the user or participating relatives will be asked to attend the teleconsultation a few minutes before the video consultation so that the quality of the audio and video connection on the smartphone or computer can be ensured. When the connection for the video consultation is established, the user or participating family member is then placed in a virtual waiting room, the duration of which is at the discretion of the health professional. The health professional then starts the video consultation. Eterno Health is not responsible for delays or cancellations caused by the healthcare professional.

11.4 The user undertakes to use the video consultation service under conditions which enable him to ensure confidentiality and the smooth running of the exchange with the health care professional. In particular, the user must ensure that the teleconsultation is carried out in one place to enable high-quality teleconsultation.

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

The health professionals carry out the video consultation independently and in accordance with professional and other legal requirements. The video consultation is the sole responsibility of users and health professionals.

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 is not recorded by the healthcare professional, Eterno Health or any other third party.

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

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

11.8 After completing the video consultation, the user can receive documents in his user account in the “My Appointments” section. The preparation of a prescription is at the discretion of health professionals.

11.9 Verbal or written rudeness towards healthcare professionals may be prosecuted and result in the suspension or even termination of the user account by Eterno Health.

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

11.11 As part of an assisted video consultation, the online appointment and video consultation can be carried out by a publicly recognized nurse on behalf of the user via the publicly recognized nurse's Eterno Health account. In this respect, the nurse is jointly responsible for compliance with the legal requirements for telemedicine treatment.

12. document management service

12.1 In his user account, the user can:

to share documents with health professionals on their own initiative or at the request of a health professional, regardless of whether they are documents that the user has already saved in the “My Documents” section on Eterno Health or that they import directly from an external medium (the document imported in this way is then automatically inserted into the “My Documents” section on Eterno Health) . ,
After an on-site consultation or video consultation has ended, access, view or download shared documents via the “My Documents” tab,
when making an appointment online in the “My Appointments” tab, share your documents with health professionals for yourself or for a relative,
share a document with a third party via email via the Eterno web app.

12.2 The user remains the sole owner of the documents that he adds to the document management service and the documents that healthcare professionals submit to him.

He can 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 keeps their own patient records, which the user has no access to via the Eterno web app. In the event that the user wants to ensure that a document in the patient record is deleted by the health professional, he must submit an express request to the health care professional to delete the document.

12.3 In addition, the user remains solely responsible for the legality of the content of the documents that he adds to the document management service or that he 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 when posted to the document service.

12.5 The user is solely responsible for transmitting documents containing health data to third parties.

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13th Eterno Health Portal

13.1 In his user account, the user can access health-related data under the “Eterno Health Portal” tab

save for yourself or for a loved one;
make available to health professionals on their own initiative or at the request of a health professional,
view or download,
send health professionals or third parties by e-mail, e.g. to fill out an (electronic) medical history form.

13.2 The user remains the sole owner of the data that he adds to the Eterno Health Portal.

He can add, view, rename, download, and delete this data at any time.

The data deleted by the user is permanently deleted.

13.3 In addition, the user remains solely responsible for the legality of the content of the data that he adds to the Eterno Health Portal or that he makes available or transmits to healthcare professionals or other persons.

13.4 The user is solely responsible for transmitting data containing health data to third parties.

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14. Intellectual property

14.1 The Eterno Health Services and all components of which they are made up are the exclusive property of Eterno Health, unless otherwise stated.

14.2 No provision of the Agreement can be construed as an assignment of 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 contract.

14.4 The user undertakes

not to attempt to access or copy the source codes of the Eterno web app or website;
not to use the Eterno web app or website for purposes other than using the services;
not to make copies of the Eterno web app or website;
to reproduce, correct, extract, modify, translate the Eterno web app or website into one or more languages, or integrate the Eterno web app or website with other software or create derivative works based on the Eterno web app or website;
not to resell, rent or commercially use the Eterno web app or website and not to transfer the Eterno web app or website to third parties;
not to perform penetration tests or attempt to obtain a denial of service for the services

14.5 The user acknowledges that all violations of this article constitute an infringement of law and may be punished civilly or criminally.

14.6 No special features are guaranteed for the Eterno web app or website, unless these are required in other sections.

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15. Blocking

In the event of suspicion of misuse or significant breach of contract, Eterno Health reserves the right to investigate these processes, take appropriate precautions and block the user's access in the event of reasonable suspicion. Abusive conduct includes in particular any

defamatory, threatening, or insulting speech or writing. If the suspicion can be dispelled, the suspension will be lifted again, otherwise Eterno Health may have an extraordinary right of termination.

The suspension of all or part of the services has the effect of temporarily restricting or preventing access to the service (s) in question.

Eterno Health is not liable for damage resulting from the suspension of services, insofar as there was cause under the above provision.

16. Termination

16.1 Termination by Eterno Health

Eterno Health can cancel the contract with a notice period of one month without giving reasons.

The right to extraordinary termination for good cause remains unaffected. There may be exceptional grounds for dismissal, in particular in the case of defamatory, threatening or insulting statements.

16.2 Cancellation by user

The user can cancel the contract at any time by sending a message to support@eternohealth.de or cancel in his user account (“My Account” section).

Before terminating the contract, the user can retrieve his user data and related data in a suitable format before deleting his user account. The user assures that he has all necessary rights and/or permissions to be able to restore the above data.

16.3 Consequences of termination

The termination of the contract by Eterno Health or the user results in automatic

withdrawal of the user's right of access to their account;
to delete or anonymize all user data and family data as well as all medical documents contained in user accounts, unless storage regulations prevent this.

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

17. Protection of personal data

The data protection notices available here and available on the website (www.eterno.helath) /app describe the respective roles and obligations of the user and of Eterno Health with regard to the processing of personal data as part of providing the services.

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

that he has provided the relative with a copy of the above mentioned data protection information,
that the relative has authorized the user to consent to the processing of his personal data on his behalf,
that he undertakes to prove this authorization by all appropriate means at the request of Eterno Health,
that he is legally authorized to do so if the relative does not have legal capacity.

18. cancellation policy

The user has the right to cancel the contract within fourteen days without giving reasons.

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

In order to exercise your right of withdrawal, you must tell us Eterno Health GmbH, Torstraße 85-87, Einheit 75/79, 10119 Berlin, Germany, support@eternohealth.de inform you of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or an e-mail). You can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal period, it is sufficient that you send the notification that you have exercised your right of withdrawal before the withdrawal period has expired.

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

Consequences of withdrawal:

If you cancel this contract, we must repay you all payments we have received from you immediately and at the latest within fourteen days from the day on which we receive notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used for the original transaction, unless something else has been expressly agreed with you; under no circumstances will you be charged for this repayment.

If you have requested that the services begin during the cancellation period, you must pay us a reasonable amount equal to the proportion of the services already provided up to the time 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 withdrawal form:

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

Eterno Health GmbH,

Torstraße 85-87, unit 75/79

10119 Berlin

support@eternohealth.de

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

Ordered on (*) /received on (*)

Name of consumer (s)

Address of consumer (s)

Signature of consumer (s) (only if notified on paper)

date

- End of 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 remaining contract. The invalid or unenforceable provision should be replaced by an alternative provision that comes closest to the aim of the invalid or unenforceable provision.

19.2 With regard to the use of the website, the terms and conditions stored and included on the website at the time of use apply.

Eterno Health is free to amend these terms and conditions at any time, in particular to take account of legal and/or technical developments or restrictions, provided that changes do not concern this Section 19.2 or main performance obligations or changes amount to the conclusion of a new contract.

The user will be notified of the changes to the T&Cs at least six weeks before they come into force.

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

19.3 Eterno Health provides the user with a help desk and a contact form and publishes an FAQ page, which can be accessed here.

19.4 Eterno Health may occasionally invite the user to participate in voluntary satisfaction surveys aimed at evaluating the quality of Eterno Health's services. The user is not obliged by Eterno Health to answer these surveys.

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

19.6 The parties strive to achieve the objectives set out in the contract. In particular, the party suffering from failure to fulfill an obligation must take all reasonable steps to minimise the damage that may result from this. If it fails to do so, it can only claim compensation from the other party for the damage that it could not avoid.

19.7 Eterno Health may offer the user to try out beta versions of certain services. The beta services are provided for assessment purposes only and cannot be used in a production environment. The user acknowledges that beta versions have bugs, errors

and other problems may involve and approve them “as is” without any warranty. Eterno Health cannot for

problems associated with the use of the beta versions by the user are held liable;
may interrupt their use;
may delete all data contained in the beta versions mentioned above without any liability.

19.8 A reference to a document or legal provision always refers to the current version in force.

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 services link.

19.10 Before taking legal action, Eterno Health and the user shall endeavour to reach an amicable settlement. The European Commission provides a platform for extrajudicial online disputes (https://ec.europa.eu/consumers/odr). We are the first point of contact at support@eternohealth.de available.

Eterno Health is neither willing nor obliged to participate in formal dispute resolution proceedings before a consumer arbitration committee.

19.11 This contract is governed by German law at

Exclusion of UN sales law application. The application of UN sales law is excluded. If the user uses the Eterno web app as a consumer and is habitually resident in another country at the time of use, the application of mandatory legislation in that country remains unaffected by the choice of law made in sentence 1.

19.12 Singular words 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.