General Terms and Conditions VIOKID – A brand of VIOONIC GmbH Gerhard-Kindler-Strasse 8 72770 Reutlingen
General Terms and Conditions for the Service Offer of VIOKID (as of 14.06.2023)
1 General and Scope of Application
1.1
VIOONIC GmbH (“VIOONIC”, “we”), Gerhard-Kindler-Straße 8, 72770 Reutlingen, Germany, has developed the VIOKID App (also the “App”, “VIOKID” or the “Application”), through which registered user:s (“User”) can take advantage of the service offer of VIOKID. The service offering includes (i) use of the VIOKID App, (ii) 24-7 ad-hoc urgency assessment in the form of video calls with healthcare professionals.
Use of VIOKID is provided at a cost to the user.
The telemedical consultations are services whose costs are to be borne privately by the user. VIOONIC does not offer billing of the services provided by statutory or private health insurance companies.
1.2
These General Terms and Conditions (“GTC”) in the version valid at the time of conclusion of the contract shall apply between VIOONIC and each User who registers for the VIOKID App. By registering, the User agrees to these GTC and the GTC become part of the contract for the services offered by VIOONIC via the VIOKID App. Acceptance of these GTC is a prerequisite for the use of the services offered by VIOONIC. By accepting these GTC, the User confirms that he has read the GTC.
1.3
Contradictory, deviating or supplementary terms and conditions of the User shall not become part of the contract, unless VIOONIC expressly agrees to their validity in text form. These GTC shall also apply if VIOONIC, being aware of conflicting or deviating terms and conditions of the User, unconditionally performs services without having given its prior consent in text form. The waiver of the text form requirement must be in text form.
1.4
User of these GTC is
VIOONIC GmbH, represented by the managing director Barry Fogarty,
Gerhard-Kindler-Strasse 8, 72770 Reutlingen, Germany
E-Mail: info@vioonic.com
Phone: +49 7121 3602953
2. Registration with the VIOKID App
2.1
The VIOKID App is provided free of charge. In order to use the App, the User must download the Application via the App store providers Google Play Store or Apple Store and create an account. To create the account, the user registers in the application with his personal data (first name, last name and e-mail address as well as telephone number) and assigns a password. The user must accept the validity of the GTC and give his consent under data protection law. The contract for the use of the application shall not be concluded before VIOONIC sends a confirmation of the registration via e-mail. By clicking the button “Send registration”, the User submits an offer to conclude a contract on the use of the application with VIOONIC. Immediately after sending the registration the user receives a confirmation of his registration. The confirmation is at the same time the acceptance of the contractual offer for the use of the application.
2.2
The user can print or save these GTC via the browser function. The User may also download and archive this document in PDF form as part of the registration process. With the confirmation of the registration VIOONIC sends the GTC in their valid version to the User. VIOONIC does not store the text of the contract.
2.3
VIOONIC is entitled to make the use of the VIOKID App and the services offered via it dependent on suitable proof of the User’s identity or capacity to use. The use of the service offer requires that the User is at least 18 years of age and of unrestricted legal capacity and is not under care, unless a legally valid representation is actively proven. Furthermore, the truthful and complete provision of the data to be entered by the user in the respective input mask is a prerequisite for the provision of services. A registration in the name of a legally competent third party – regardless of his consent – as well as multiple registrations of a user under different names or e-mail addresses are not permitted. VIOONIC reserves the right to verify the data entered during booking or registration by taking appropriate measures.
2.4
The User has the option to delete his account at any time by contacting VIOONIC via the contact details provided in these GTC. VIOONIC will immediately confirm and execute the request. Upon deletion of the account, the User Agreement and the User’s right to use the Application shall terminate.
3. Medical First Assessment
3.1
The provision of the offered services shall take place with the exclusive use of communication media, which can be used without the contracting parties being physically present at the same time.
3.2
It is in the nature of medical action and the individual peculiarities of human beings that success is not owed in the telemedical consultation.
3.3 The medical experts provide advice within the VIOKID app exclusively with regard to an initial assessment of the urgency of an illness and injury to be carried out by the respective caregiver (initiator of the consultation call) of the child. The initial assessment of urgency is subject to a standardized process. A final assessment is explicitly not made by the medical expert, but is always the responsibility of the caregiver who contacted the medical expert through VIOKID. Likewise, the respective caregiver is responsible for the further course.
4 General Requirements of the Telemedical Consultation
4.1
The use of a telemedical consultation is subject to the condition that an exclusive consultation or treatment via communication media is medically justifiable and that the necessary care is taken, in particular by the way of consultation and documentation, and that the user is also informed about the particularities of the exclusive consultation via communication media.
4.2
The suitability of a consultation via VIOKID is checked by the medical expert carrying out the consultation at each consultation.
5. Obligations of the User
5.1
The User is obliged to have all software and hardware ready that he requires for access for the offer provided via the VIOKID App, including a terminal device, a powerful internet connection (4G+ or higher, or WiFi from 10Mbit). The User shall ensure that he always has the latest version of the VIOKID App installed on his smartphone. For this purpose, VIOONIC recommends activating the automatic update function of the respective smartphone. VIOONIC is not liable for application errors that are due to incompatibilities of deviating software versions.
The User can obtain corresponding updates directly via the Apple Appstore or the Google Playstore.
5.2
The access data to the user account must be kept secret and any access by third parties must be prevented by appropriate measures. The User shall be responsible for all activities that take place via his User Account and shall be liable to VIOONIC in accordance with the statutory provisions. VIOONIC shall not be liable for any damages incurred by the user as a result of third parties using the access data or the user account with or without the knowledge of the user. The user is not allowed to use the user account of another user.
5.3
The User undertakes to use the services provided via the VIOKID App under conditions that enable him/her to ensure confidentiality and the smooth flow of the exchange with the physician performing the telemedical consultation. In particular, the User must ensure that the use of the telemedical consultation is carried out in a sufficiently bright and quiet place to enable high-quality telemedical treatment.
5.4
The performance of the telemedical consultation depends significantly on the information provided by the user. The user must therefore provide the required information truthfully and comprehensively. The user shall also disclose all circumstances that are significant for the consultation from his/her point of view, such as current complaints, previous illnesses, allergies, etc., even without explicit questioning by the medical expert.
5.5
If the contract is concluded for a third party (e.g. for a minor child by his or her legal guardian) and if the third party makes use of the consultation, the third party shall be subject to the same obligations vis-à-vis the medical expert if he or she is not of age but capable of giving consent.
5.6
The User acknowledges that the speed of information transmission does not depend on the services offered by VIOONIC, but on the characteristics of the electronic communication networks and the technical characteristics of the connection type (cable, ADSL, 3G, 4G, etc.) and its Internet access.
6. Remuneration
6.1
For the registration with the VIOKID App, and the urgency assessment, costs will be incurred in the future at the expense of the User. The contractual relationship shall be established exclusively between VIOONIC and the User.
6.2
The VIOKID App shall be made available to all Users as a pre-release within the scope of a limited pilot project. The use of VIOKID in the pilot phase will be free of charge for all Users.
VIOONIC will inform all users about the end of the pilot phase. A termination by the user is not necessary.
7 Liability of VIOONIC
7.1
VIOONIC shall, without prejudice to the following limitations of liability, be liable without limitation for damages to life, body and health caused by a negligent or intentional breach of duty by VIOONIC, its legal representatives or vicarious agents, as well as for damages covered by liability under the Product Liability Act, as well as for damages caused by intentional or grossly negligent breaches of contract and fraudulent intent by VIOONIC, its legal representatives or vicarious agents.
7.2
In the event of negligence, VIOONIC’s liability shall be limited to compensation for the damage typically foreseeable in the context of the provision of services. In the event of simple negligence, VIOONIC shall, however, only be liable if VIOONIC has violated an obligation, the fulfillment of which has enabled the proper and, taking into account the interests of both contractual parties, reasonable use of the services of VIOONIC in the first place and on the compliance with which the User could rely.
7.3
Any further liability of VIOONIC is excluded regardless of the legal nature of the asserted claim. Insofar as VIOONIC’s liability is excluded or limited, this shall also apply to the personal liability of its employees, workers, staff, legal representatives and vicarious agents.
7.4
In particular, VIOONIC shall not be liable for disruptions and loss of quality of the services as a result of data transmission via the Internet for which VIOONIC is not responsible and which impede or prevent the use of Internet-based services.
7.5
The restrictions of clauses 8.1 and 8.2 apply to all contractual and non-contractual claims and also in favor of the legal representatives and vicarious agents of VIOONIC, if claims are asserted directly against them.
8. Availability, Service Changes, Termination
8.1
VIOONIC shall always endeavor to ensure proper operation of the services used for the provision of services but shall not be liable to the User for the continuous accessibility, availability and functionality of the services. VIOONIC has the right to take measures that affect the access to the services used for the provision of services, if this is necessary e.g. for technical, maintenance or security reasons. Particularly during night operation, the establishment of the connection with the medical expert on VIOKID may take up to 5 minutes.
8.2
VIOONIC continuously develops the VIOONIC App and the underlying software and its content. New features may be introduced and existing ones may be replaced by new ones or removed without replacement. VIOONIC has the right to implement updates and new versions of the VIOONIC App at any time as VIOONIC deems appropriate. VIOONIC shall also have the right to make changes of any kind to the VIOKID App and provided Content or to the manner in which the VIOKID App or Content is provided without prior notice.
8.3
VIOONIC shall be entitled at any time to terminate in whole or in part the contractual relationship between the User and VIOONIC underlying the use of the VIOKID App, to terminate or remove the VIOKID App, including but not limited to certain features or content and material provided to the User. VIOONIC shall not be liable for any direct or indirect damages resulting from the VIOKID App being altered, modified, terminated or restricted or from the removal of any content or material in any respect.
8.4
A contract concluded with VIOONIC in relation to a telemedical consultation within the scope of these GTC shall terminate upon performance of the contract..
8.5
The expert performing the telemedical consultation will abort the telemedical consultation if he reaches the limits of his personal, personnel or professional capabilities.
The expert performing the telemedical consultation will also terminate the telemedical consultation if the digital transmission of information does not meet the current technical standard,
the quality of the digital transmission is insufficient, or
the user is overburdened with the technical implementation of telemedical applications.
8.6
If the user revokes his consent to the telemedical consultation or makes it clear in another way (for example, by terminating the communication connection) that he does not want any further telemedical consultation, the contractual relationship shall end with immediate effect for the future.
9 Data Protection
VIOONIC points out that personal data of the User is processed during the provision of services. VIOONIC complies with the applicable data protection regulations. Information on how personal data is processed can be found in the data protection regulations.
All VIOKID video calls are recorded and saved with video and audio. An acoustic signal indicates the start of the recording to the user and the Medical Expert. The evaluation of the recordings takes place exclusively for the purpose of the internal further development of the VIOKID service as well as for quality assurance.
10. Final Provisions
10.1
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG), unless mandatory consumer protection law prescribes otherwise.
10.2
The contracting parties agree that Stuttgart shall be the place of jurisdiction for all disputes arising from or in connection with the contract, insofar as the user does not have a general place of jurisdiction in Germany or another EU member state or has moved his place of residence abroad after conclusion of the contract or the user’s place of residence or usual place of abode is unknown at the time the action is filed. Otherwise, the applicable statutory provisions shall apply to the local and international jurisdiction.
10.3
The European Commission provides a platform for online dispute resolution (OS). You can find the link to the platform here: https://ec.europa.eu/consumers/odr/. Vioonic is not willing and obliged to participate in dispute resolution proceedings before a consumer arbitration board.
10.4
Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The respective statutory provisions shall take the place of the unenforceable or ineffective provisions. If statutory law is not available in the respective case, the invalid or unenforceable provision shall be replaced by the valid and enforceable provision whose effect comes closest to the economic objective that VIOONIC and the User pursued with the invalid or unenforceable provision.
10.5
Clause 11.4 shall apply mutatis mutandis in the event that one or more of the Terms and Conditions prove to be incomplete.
10.6
VIOONIC reserves the right to amend or supplement these GTC at any time without stating reasons with effect for the future, if
this is necessary in order to adapt to changed circumstances for which VIOONIC is not responsible (in particular changes in the law and difficulties in the execution of the contract which were not foreseeable at the time of the conclusion of the contract) and the change is reasonable for the user;
the change is only advantageous for the user;
the changes or adjustments have no significant impact on the services or are of a purely technical or organizational nature;
VIOONIC introduces additional, completely new services, which require a description in the GTC, unless this would be disadvantageous for the current user relationship.
An intended change shall be notified via an announcement in the VIOKID App. The change shall come into force no later than 14 days after the change has been published in the VIOKID App or the User has been made aware of the change in any other way if the User does not object to the change within 14 days. The User shall be deemed to have accepted the new terms if the continued use of the Services occurs after the expiration of such 14 days.
In the event of an objection within the 14 day period, VIOONIC may terminate the contractual relationship with the User without notice. If VIOONIC does not terminate the previous contractual relationship after the effective objection, the previous terms of use shall remain unchanged in relation to the corresponding user.
