General Terms and Conditions
VIOKID – A brand of VIOONIC GmbH
Gerhard-Kindler-Strasse 8
72770 Reutlingen
General Terms and Conditions for the range of services offered by VIOKID (as at 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 users (“Users”) can use the services offered by VIOKID. The services offered include (i) the use of the VIOKID App, (ii) the 24-7 ad-hoc urgency assessment in the form of video calls with medical professionals.
The use of VIOKID is made available to the user for a fee.
Telemedical consultations are services whose costs are to be borne privately by the user. VIOONIC does not offer to bill statutory or private health insurance companies for the services provided.
1.2
These General Terms and Conditions (“GTC”) in the version valid at the time of conclusion of the contract apply between VIOONIC and every 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/she has read the GTC.
1.3
Conflicting, 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 performs services without reservation in the knowledge that the user’s terms and conditions conflict with or deviate from these GTC without having given its prior consent in text form. The waiver of the text form requirement must be in text form.
1.4
The 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 an account, the user registers
in the application with their personal data (first name, surname, email address and telephone number) and assigns a password. The user must accept the validity of the GTC and give their consent under data protection law. The contract
for the use of the application is not concluded until VIOONIC has sent confirmation of the registration by e-mail. By clicking the “Send registration” button, the user submits an offer to conclude a contract with VIOONIC for the
use of the application. Immediately after submitting the registration, the user will receive a confirmation of his registration. The confirmation is also the acceptance of the contractual offer to use the application.
2.2
The user can print or save these GTC using the browser function.
2.3
VIOONIC is entitled to make the use of the VIOKID App and the services offered through it dependent on suitable proof of the User’s identity or ability to use it. In order to make use of the services offered, the user must be at least 18 years of age, have unlimited legal capacity and not be under guardianship, unless active proof of legal representation is provided. 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 use of the service. Registration in the name of a legally competent third party – irrespective of their 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 provided during booking or registration by taking appropriate measures.
2.4
The user has the option of deleting his VIOKID account at any time. The user can initiate the deletion directly in the VIOKID app. If the user has booked a VIOKID tariff with a fixed term and monthly payment, the deletion will take place after payment of the usage fees due for the remaining term. The deletion of user data is immediate and cannot be revoked. It will no longer be possible to use the VIOKID app. Deletion of the account terminates the user contract and the user’s right to use the application.
3. assessment of urgency
3.1
The services offered are provided exclusively using communication media that can be used without the contracting parties being physically present at the same time.
3.2
It is in the nature of medical practice and the individual characteristics of people that a successful telemedical consultation cannot be guaranteed.
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 expressly not made by the medical expert, but is always the responsibility of the caregiver who contacted the medical expert
via VIOKID. The caregiver is also responsible for the further course of events.
4 General requirements for telemedical consultations
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 through the manner of the consultation and documentation, and that the user is also informed about the special features 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 for each consultation.
5 Obligations of the user
5.1
The user is obliged to provide all the software and hardware required to access the offer provided via the VIOKID app, including a terminal device, a high-performance Internet connection (4G+ or higher, or WiFi from 10Mbit). The user must ensure that they always have the latest version of the VIOKID app installed on their smartphone. VIOONIC recommends activating the automatic update function of the respective smartphone. VIOONIC is not liable for application errors caused by incompatibilities of different software versions.
The user receives the 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 suitable measures. The user is responsible for all activities that take place via his user account and is 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 user’s knowledge. The user is
not permitted 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 guarantee the confidentiality and smooth flow of the exchange with the doctor carrying out the telemedical consultation. In particular, the user must ensure that the telemedical consultation is carried out in a sufficiently bright and quiet place to enable high-quality telemedical treatment.
5.4
The implementation of the telemedical consultation depends largely on the information provided by the user. The user must therefore provide the required information truthfully and comprehensively. The user should also disclose all circumstances that are important for the consultation from his or her point of view, such as current complaints, previous illnesses, allergies, etc., even without being expressly questioned by the medical expert.
5.5
If the contract is concluded for a third party (e.g. for a minor child by his/her legal guardian) and the third party makes use of the consultation, the third party has the same obligations towards the medical expert if he/she is not
of legal age but is 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 communications networks and the technical characteristics of the type of connection (cable, ADSL, 3G, 4G, etc.) and its Internet access.
6. remuneration
6.1
Costs for the use of the VIOKID app are charged to the user (see section 6.3). The contractual relationship is concluded exclusively between VIOONIC and the user.
6.2
The VIOKID app will be made available to all users as a pre-release as part 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 of the end of the pilot phase. Cancellation by the user is not necessary.
6.3
After registering in the VIOKID app, the user has the option of using VIOKID as part of the “Schutzengel Basic” tariff. This tariff only includes usage-dependent costs, which are billed per video consultation. The current conditions
as well as the conditions of the tariff booked by the user can be viewed directly in the VIOKID app at any time. The “Schutzengel Basic+” and “Schutzengel Premium” tariffs can be taken out with monthly or annual payment. The
term is 12 months and is automatically extended if not canceled before expiry. Term-linked VIOKID tariffs can be canceled directly in the app at any time. For tariffs with monthly payment, payments continue from the time of termination
until the end of the term. The end of the term of the canceled plan is displayed in the VIOKID app after successful cancellation. After the end of the term, VIOKID can continue to be used in the “Basic” tariff.
An upgrade of the “Schutzengel Basic+” tariff to “Premium” is only possible without changing the payment method, i.e. from “monthly” to “monthly” or “annual” to “annual” directly in the app. The tariffs can only be downgraded by canceling as described above.
The paid services can also be used by redeeming vouchers. In this case, the vouchers either enable the conclusion of a VIOKID tariff at a discount or enable the use of the VIOKID service free of charge for a defined period of time. Unless otherwise specified, the tariffs concluded with a discount have a term of 12 months and end automatically. After that, the user can continue to use VIOKID in the “Basic” tariff, book one of the other tariffs in the app or redeem a new voucher code in the app. All VIOKID vouchers have a defined redemption period and quantity and can no longer be redeemed after this period has expired or after the maximum number of redemptions has been reached.
7 Liability of VIOONIC
7.1
Without prejudice to the following limitations of liability, VIOONIC shall be liable without limitation for damages to life, body and health resulting from 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, and for damages resulting from 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 damages typically foreseeable in the context of the provision of services. In the event of simple negligence, however, VIOONIC shall only be liable if VIOONIC has breached an obligation, the fulfillment of which was essential for the proper and reasonable use of VIOONIC’s services, taking into account the interests of both parties, and on the fulfillment of which the user could rely.
7.3
Any further liability of VIOONIC shall be excluded irrespective of the legal nature of the claim asserted. To the extent that 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 on 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 VIOONIC’s legal representatives and vicarious agents if claims are asserted directly against them.
8 Availability, service changes, termination
8.1
VIOONIC shall always endeavor to ensure the 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 impair access to the services used for the provision of services if this is necessary, e.g. for technical, maintenance or security reasons. Establishing a connection with the medical expert on VIOKID can take up to 5 minutes, especially during night-time operation.
8.2
VIOONIC is continuously developing the VIOONIC app and the underlying software and its content. New functions may be introduced and existing functions 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 also has the right to make changes of any kind to the VIOKID App and content provided or to the way in which the VIOKID App or content is provided without prior notice.
8.3
VIOONIC is entitled at any time to terminate the contractual relationship between the user and VIOONIC underlying the use of the VIOKID App in whole or in part, to terminate or remove the VIOKID App, including but not limited to certain functions or content and material made available to the user. VIOONIC shall not be responsible 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 end upon fulfillment of the contract.
8.5
The expert carrying out the telemedical consultation will terminate the telemedical consultation if he reaches the limits of his personal, personnel or professional capabilities.
The expert carrying out 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 inadequate or the user is unable to cope with the technical implementation of telemedical applications.
After the video consultation, the telemedical expert confirms to VIOONIC that the video consultation was carried out correctly in terms of function and content. Only if the expert provides this confirmation will the video consultation be finally billed to the user. If the expert marks the video consultation as unsuccessful, the user will receive a refund of the amount previously reserved via the payment service provider within 3 – 7 days. VIOONIC has no influence on the exact time of the refund. VIOKID users have the option of reporting a video consultation. In the VIOKID app, users receive a list of all calls made. If the result of the assessment by the expert and the user contradicts the technical quality and result, VIOONIC will evaluate the protocol of the video consultation and inform the user of the result and decision to settle the call via the email address provided by the user. Inquiries from users regarding payments can be made via payment@viokid.net.
9. data protection
VIOONIC points out that the user’s personal data will be 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 stored with video and sound. An acoustic signal indicates the start of the recording to the user and the Medical Expert. The recordings are evaluated solely for the purpose of internal development
of the VIOKID service and 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 the place of jurisdiction for all disputes arising from or in connection with the contract shall be Stuttgart, unless the user has 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 habitual abode is not known at the time the action is brought. In all other respects, the applicable statutory provisions shall apply to 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 or 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 invalid or unenforceable provisions shall be replaced by the relevant statutory provisions. If statutory law is not available in the respective case, the effective and enforceable provision shall replace the ineffective or unenforceable provision whose effect comes closest to the economic objective that VIOONIC and the user pursued with the ineffective or unenforceable provision.
10.5
Clause 11.4 applies accordingly in the event that one or more of the conditions prove to be incomplete.
10.6
VIOONIC reserves the right to amend or supplement these GTC at any time without giving reasons with effect for the future if
this is necessary to adapt to changed circumstances for which VIOONIC is not responsible (in particular changes in the law and difficulties in the performance of the contract that were not foreseeable when the contract was concluded) and the change is reasonable for the user;
the change is only beneficial to 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, entirely new services that require a description in the GTC, unless this would be detrimental to the current user relationship.
An intended change will be communicated via an announcement in the VIOKID app. The change shall enter 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 another way, unless the User objects to the change within 14 days. The user shall be deemed to have accepted the new terms and conditions if the continued use of the services takes place after the expiry of these 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 and conditions of use shall continue to apply unchanged in relation to the respective user.
