General Terms and Conditions

§ 1 Subject Matter and Scope of Application of the Terms of Use

(1) medizzconnect™ is an offering within the framework of the Connect platforms, whose goal is to generate trust foundations for business relationships in digital representation. It is operated by Wellington Fields GmbH, represented by Managing Director Ulrike Gehring (hereinafter "Platform Operator"), and provides its registered users via www.medizzconnect.com and/or www.medizzconnect.com (hereinafter "the Platform") a platform for the presentation of doctors, therapists, cosmeticians as well as medical practices. The platform's offering is directed exclusively to entrepreneurs with regard to self-presentation.

(2) Users can fill out the input masks provided on the platform for registered users in order to provide content about their professional self-understanding and information about their activities, as well as use the other services currently provided on the platform within their respective availability. More detailed information about the services can be found in the description of the service offering in § 6 of these general terms of use for providers (hereinafter "GTU").

(3) These GTU regulate the provision of services on www.medizzconnect.com by the platform operator and the use of these services by registered users. They apply exclusively. Deviating, supplementary or conflicting conditions are not recognized.

(4) Users of the platform and thus contractual partners of the platform operator are

(5) For potential patients/customers, separate terms of use apply, which are made available at www.medizzconnect.com/terms&conditions.

(6) The platform operator does not become a contractual party to contracts possibly concluded after contact is made between registered users and their patients/customers. The registered users are solely responsible for the legality of these contractual relationships, in particular the fulfillment of any information and disclosure obligations.

(7) Registered users are obliged to comply with applicable laws when using the platform. Users may not use personal contact data obtained through the use of the services for any purposes other than contractual and pre-contractual communication. In particular, it is prohibited to resell this data.

§ 2 Changes to the GTU

(1) The platform operator reserves the right to change these GTU at any time with effect also within existing contractual relationships, provided that

(2) The platform operator will inform registered users of such changes at least two months before the planned effective date of the changes. A registered user's consent is deemed granted if they do not indicate their rejection before the planned effective date of the changes. The platform operator will specifically point out this approval effect in their offer.

(3) If a registered user rejects the changes, both parties have the right to terminate the contractual relationship extraordinarily. The platform operator will separately inform the user of this mutual extraordinary right of termination in their offer.

• this is necessary for compelling reasons, in particular due to a change in the legal situation or supreme court case law, technical changes or developments, new organizational requirements of mass transactions, regulatory gaps in the GTU, changes in market conditions or other equivalent reasons and the registered users are not unreasonably disadvantaged, and
• the changes do not reshape the essential business characteristics of the contract, in particular the services owed by the platform operator.

§ 3 Registration on the Platform

(1) The use of the services available on the platform on the doctors' side always requires registration. Registration is done by creating a user account (hereinafter "Profile Account") by providing personal information and agreeing to these GTU.

(2) Registration as a registered user must be made by an unrestricted legally competent and authorized natural person. Only individual persons can appear as the holder of the profile account during registration.

(3) In the so-called clinic registration, the admin represents the profile accounts as contractual partners and ensures that the connected doctors are responsible for the content of their own profile accounts.

§ 4 Responsibility for the Account

(1) It is the responsibility of the registered user to ensure that access to their account and the use of the services available on the platform is exclusively by them or by persons authorized by the registered user.

(2) If there is reason to fear that unauthorized third parties have gained or will gain access to the account, the platform operator must be informed immediately. The registered user is liable for any use of the account that occurs using their password, unless they are not responsible for the unauthorized use.

§ 5 Conclusion, Cost Obligation and Duration of the User Agreement

(1) The provision of the platform does not constitute a binding offer to conclude the user agreement by the platform operator.

(2) By clicking the "Register" button, the user makes a legally binding offer to conclude the user agreement.

(3) The user agreement is concluded under the price conditions of the applicable price list, including the contract duration regulated therein for the booked service package.

(4) The fees for the booked service packages are immediately due upon invoicing for the entire term. Payment is possible with the offered payment methods.

(5) The platform operator reserves the right to change the costs for the service packages and/or individual offers with effect from the respective next renewal period. Users will be informed of such a change in good time.

(6) A user agreement only comes into effect when the platform operator accepts the user's registration by activating the account or by a declaration of acceptance.

§ 6 Description of the Service Offering and Availability of Services

(1) The platform operator and the registered user agree that the platform operator merely provides the infrastructure and access to the platform to enable users to present themselves:

(2) The services available on the platform may also include third-party services to which the platform operator only provides access (see above). Special terms of use may apply to the use of such services.

(3) Furthermore, there is only a claim to use the services available on the platform within the scope of the technical and operational possibilities of the platform operator. The platform operator strives for uninterrupted usability of the platform.

• Registered users can introduce themselves to potential customers/patients through a video announcement
• These videos are prominently presented and technically easily accessible on PC and mobile phone
• This presentation focuses on professional self-understanding, treatment focus areas and professional qualifications
• medizzconnect™ also offers registered users the opportunity to present themselves with various treatment methods that can be found regionally or nationally through keywords
• The platform enables price information for selected treatments, which gives end users an overview of costs. For example, in the area of medical beauty, the platform can make regional price ranges for certain types of treatment visible
• Depending on the package booked, the profiles of registered users also provide various options for making contact. This also includes the option to create a link to the practice's own booking system or practice website
• medizzconnect™ offers end users the option to create their own list of favorite doctors and therapists using bookmarks

§ 7 Changes to Services

(1) The platform operator is entitled to change the services provided on the platform if there is a compelling reason. Such a compelling reason exists in particular if the change is necessary to adapt to technical or legal circumstances.

(2) The platform operator will take into account the legitimate interests of registered users, in particular users will not incur additional costs due to the change, unless expressly agreed otherwise in these GTU.

§ 8 Scope of Permitted Use

(1) The content available on the platform is predominantly protected by copyright or other protective rights and is owned by the platform operator or other third parties who have made this content available.

(2) The compilation of the content as such may be protected as a database or database work within the meaning of §§ 4 paragraph 2, 87a paragraph 1 UrhG. The user may only use this content in accordance with these GTU.

(3) The user's right of use is limited to access to the platform, self-presentation to the permitted extent and use of the services available on the platform, in particular the permitted use of the content provided by the platform operator.

(4) As far as available as functionality on the platform, the registered user may enter or have content entered on the platform and thus make it publicly available, subject to the limits mentioned in § 8 and § 9.

(5) Unless further use is expressly permitted in these GTU or on the platform or is made possible on the platform through a corresponding functionality (e.g. download button), the user may in particular neither reproduce, distribute nor publicly reproduce or make content publicly available.

(6) The mandatory statutory rights (including reproduction for private and other personal use according to § 53 UrhG) remain unaffected.

(7) The user is solely responsible for creating the technical prerequisites necessary in the user's area of responsibility for the contractual use of the services. The platform operator does not owe any consulting services in this respect.

§ 9 Seriousness - Special Conditions for Presentation Based on Professional Law

(1) All participants on the platform benefit from serious presentations. The offer of medizzconnect™ therefore follows the demanding German standards for advertising and self-presentation in healthcare worldwide. Accordingly, any advertising by a doctor is permissible if it does not endanger the integrity and trust in the medical profession. The same applies to self-presentation as it takes place on medizzconnect.

(2) Generally prohibited in Germany and especially for doctors are, among others:

(3) Each registered user is independently responsible for ensuring that their self-presentation complies with general and special professional legal requirements. In the event of claims by third parties, § 16 of these GTU applies.

§ 10 Contractual Relationships, No Warranty, Objection to Third-Party Terms

(1) The parties to the user agreement are solely the platform operator and the registered user.

(2) The platform operator is not a party to the contract between the registered user and their later patients/customers. The platform operator merely provides the technical and organizational infrastructure for initiating contact.

(3) Each user has bindingly confirmed upon registration that they have all the necessary professional-specific licenses, expertise and corresponding experience to offer the treatment that they list as a service on the platform.

(4) The contractual terms negotiated between the respective parties apply to contracts possibly concluded after visiting the platform between the registered user and their patients/customers. These contracts are not covered by these GTU.

(5) The platform operator assumes no warranty for the accuracy of the information and statements of registered users, particularly regarding their person as well as their performance capability and availability.

(6) Likewise, the platform operator does not guarantee the freedom from defects of the services offered by the registered user to their patients/customers.

(7) Any general terms and conditions of registered users and banks are expressly objected to in the event that they conflict with these GTU.

§ 11 Prohibited Activities

(1) In addition to the special prohibitions for doctors mentioned in § 9, registered users are generally prohibited from any activities or in connection with the platform that violate applicable law, infringe the rights of third parties or violate the principles of youth protection. The following are particularly prohibited:

(2) Registered users are also prohibited from any actions that are likely to impair the smooth operation of the platform, in particular to excessively burden the platform operator's systems.

(3) If registered users become aware of illegal, abusive, contractually violating or otherwise unauthorized use of the platform, this unauthorized use must be reported to the platform operator immediately.

(4) If there is suspicion of unlawful or criminal acts, the platform operator is entitled and possibly obliged to review the activities of the affected user and to inform the law enforcement authorities and cooperate with them.

• posting content that violates data protection law and/or other law and/or fraudulent content
• soliciting patients/customers to disclose personal data for other commercial or unlawful purposes
• non-identical personal representation
• showing treatment offers without having the corresponding industry-standard licenses for this service
• uploading film material that deviates from the direct address doctor/therapist to the camera. Exceptions are intercutting in context and descriptive images for the so-called "B-Roll"
• presentation of content not suitable for minors
• presentation of political topics

§ 12 Sanctions

(1) If there are concrete indications that a registered user violates or has violated these GTU, the rights of third parties, and/or applicable law to the detriment of the seriousness of the platform, or if the platform operator becomes aware of this in any other way, the platform operator is entitled to take the following measures:

(2) In the case of temporary or permanent suspension, the platform operator blocks the registered user's access authorization and notifies them by email. In the case of a provisional suspension, the user is given the opportunity to comment.

• delete content of the registered user
• restrict or limit the use of the platform
• warn the registered user and temporarily or permanently block access to the platform or the account

§ 13 Right of Termination of the Registered User

(1) The registered user can terminate the user agreement with the platform operator at any time by permanently unsubscribing from the platform. The obligation to bear costs according to the concluded user agreement remains unaffected by this.

(2) Upon successful deregistration, the user agreement ends and the user can no longer use their account. The platform operator reserves the right to block access to the platform when the deregistration becomes effective and to delete all of the user's content.

(3) In the case of a contract model with a fixed term without an automatic renewal option, the contract ends automatically without the need for termination.

(4) Extraordinary termination due to an important reason is possible in accordance with statutory provisions.

§ 14 Right of Termination of the Platform Operator

(1) The platform operator can terminate the user agreement with the user at any time in compliance with the contract duration specified during registration. In this case, the renewal clause does not take effect and the contract ends upon expiration of the originally agreed term.

(2) Extraordinary termination of the entire contractual relationship is permissible if there is an important reason that makes it unreasonable for the platform operator to continue - even taking into account the legitimate interests of the registered user - until the expiry of the ordinary notice period. An important reason exists in particular if:

(3) If the important reason consists in the violation of a contractual obligation, termination is only permissible after the unsuccessful expiry of a reasonable period set for remedy or after unsuccessful warning, unless this is dispensable due to the special circumstances of the individual case.

• the registered user has made false statements about themselves
• there is recognizable misuse of the platform by the registered user
• the functionality of the platform is impaired by the registered user or
• legal provisions or the rights of third parties are violated by the registered user

§ 15 Limitation of Liability

(1) For damages caused intentionally or through gross negligence by the platform operator or by their legal representatives, executive employees or simple vicarious agents, the platform operator is liable without limitation according to statutory provisions.

(2) In other cases, the platform operator is liable, unless otherwise regulated in paragraph 4 of this provision, only in the event of violation of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the user may regularly rely (cardinal obligation).

(3) The limitations of liability resulting from paragraphs 1 and 2 also apply in favor of the legal representatives, executive employees and simple vicarious agents of the platform operator if claims are made directly against them.

(4) The limitations of liability resulting from paragraphs 1 and 2 do not apply in cases of fraud, for damages resulting from injury to life, body or health, upon assumption of guarantees or under the Product Liability Act.

§ 16 Indemnification

(1) The registered user indemnifies the platform operator in the event of claims due to an alleged or actual legal violation and/or violation of the rights of third parties from all claims of third parties that they assert in connection with the use of the platform by the registered user.

(2) Furthermore, the registered user undertakes to reimburse the platform operator for all costs incurred by the platform operator through claims by third parties according to paragraph 1. This includes in particular the costs of reasonable legal defense.

(3) The registered user is obliged to provide the platform operator immediately, truthfully and completely with all information necessary for the examination of claims and a defense in the event of claims by third parties according to paragraph 1.

§ 17 Form of Declarations

(1) All declarations made in the context of using the platform must be made electronically (e.g. by email), unless expressly otherwise stipulated in these GTU.

§ 18 Data Protection

(1) The portal operator will process the personal data transmitted by registered users in accordance with applicable laws. Personal data will be treated confidentially and in accordance with statutory data protection regulations and this data protection declaration.

(2) The posting of images or texts that relate to registered users always constitutes consent within the meaning of Art. 6 para. 1 lit. a GDPR. In the event that registered users post personal data of third parties on the platform, they assure that they are authorized to do so.

(3) The registered user can revoke any consent granted by them at any time with effect for the future.

§ 19 Applicable Law

(1) These GTU are subject to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

§ 20 Place of Jurisdiction

(1) If the user is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from this contractual relationship is Frankfurt am Main.

§ 21 Severability Clause

(1) Should individual provisions of these GTU be or become invalid or unenforceable, this does not affect the validity of the remaining provisions of these GTU. The parties will endeavor to replace the invalid or unenforceable provision with a valid and enforceable one that comes closest to the economic purpose of the invalid or unenforceable provision.

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