Usage Terms
of di:medi concept GmbH, Hörvelsinger Weg 25, 89081 Ulm, Germany
regarding the use of the eb:fly physician portal
Please read these license and usage terms carefully. By using the eb:fly doctor portal, you agree to these license and usage terms and the provisions contained therein. If you do not agree to these license and usage terms, you are obliged to remove the application from your computer and all end devices or similar devices.
Use of the application offered by di:medi concept GmbH is permitted exclusively on the basis of these terms and conditions. These General Terms and Conditions of Use may be supplemented, modified, or replaced by further terms and conditions in individual cases. By using the application, you accept the validity of these Terms and Conditions of Use in their current version.
2.1 di:medi concept GmbH provides certain information in the application for retrieval or download.
2.2. dimedi concept GmbH is entitled to discontinue operation of the application in whole or in part at any time. Due to the nature of the Internet, di:medi concept GmbH cannot guarantee the uninterrupted availability of the application.
2.3. The application does not provide medical advice, diagnosis, prediction, or prognosis, nor does it prescribe treatment. The application and its content are provided for general information purposes only. Any medical advice, diagnosis, or therapy decision is the responsibility of healthcare professionals. If the application is used to record data relevant to therapy, the application serves only as an aid for recording the measurements entered by patients. It goes without saying that the software cannot replace medical care and treatment in any way. Any changes to therapy must be agreed upon by the patient and doctor, as the patient was required to do before using the software. di:medi concept GmbH is therefore not liable for any health complications of any kind resulting from incorrect therapy. This also applies if the program submits a calculation. Any calculations are completely non-binding and must always be checked carefully with the treating physician for accuracy and applicability.
3.1 Use of the application requires registration with a user name and password.
4.1. The use of the information, software, and documentation provided in the application is subject to these terms and conditions or, in the event of updates to information, software, or documentation, to the relevant license terms previously agreed with di:medi concept GmbH. Separately agreed license terms, e.g., when downloading software, take precedence over these terms and conditions.
4.2. di:medi concept GmbH grants the user a non-exclusive and non-transferable right to use the information, software, and documentation provided in the application to the extent agreed or, if nothing has been agreed, to the extent that it corresponds to the purpose pursued by eb:fly in providing and granting access to the application.
4.3. Neither information, software nor documentation may be distributed, rented or otherwise made available to third parties by the user at any time.
4.4. The information, software and documentation are protected by copyright laws, international copyright treaties and other laws and agreements on intellectual property and as trade secrets. The user shall observe these rights and, in particular, shall not remove alphanumeric identifiers, trademarks, and copyright notices from the information, software, documentation, or copies thereof.
4.5. Sections 69a et seq. of the German Copyright Act (Urheberrechtsgesetze) remain unaffected.
5.1. Notwithstanding the special provisions in Section 4 of these Usage Terms, information, brand names, and other content from the application may not be changed, copied, reproduced, sold, rented, used, supplemented, or otherwise exploited without the prior written consent of di:medi concept GmbH.
5.2. Except for the rights of use expressly granted herein or other rights, the user is not granted any further rights of any kind, in particular to the company name and to industrial property rights such as patents, utility models or trademarks, nor is eb:fly under any obligation to grant such rights.
5.3. If the user provides ideas and suggestions for the application, di:medi concept GmbH may use these free of charge for the development, improvement, and distribution of the products.
6.1. The user may not
6.2. di:medi concept GmbH may block access to the application at any time and revoke the right of use, in particular if the user violates their obligations under these terms and conditions.
The application may contain hyperlinks to third-party websites. di:medi concept GmbH accepts no responsibility for the content of these websites, nor does di:medi concept GmbH endorse these websites or their content, as di:medi concept GmbH does not control the linked information and is not responsible for the content and information provided there. The user uses them at their own risk.
8.1. If information, software, or documentation is provided free of charge, liability for material defects and legal defects in the information, software, and documentation, in particular for their accuracy, freedom from errors, freedom from third-party property rights and copyrights, completeness, and/or usability, is excluded, except in cases of intent or malice.
8.2. The information in the application may contain specifications or general descriptions of technical possibilities of products which may not always be available in individual cases (e.g. due to product changes). The desired performance characteristics of the products must therefore be agreed upon in each individual case at the time of purchase.
9.1. The liability of di:medi concept GmbH for material and legal defects is governed by the provisions in Section 8 of these Usage Terms. Otherwise, any liability on the part of di:medi concept GmbH is excluded, in particular but not limited to consequential damages, unless, for example, liability is mandatory under the German Product Liability Act (Produkthaftungsgesetz), due to intent, gross negligence, injury to life, limb or health, the assumption of a guarantee of quality, fraudulent concealment of a defect or the breach of essential contractual obligations. However, compensation for damages due to breach of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract, unless there is intent or gross negligence.
9.2. Although di:medi concept GmbH always endeavors to keep the application free of viruses, di:medi concept GmbH cannot guarantee that it is free of viruses. Before downloading information, software, and documentation, the user shall ensure that appropriate security measures and virus scanners are in place for their own protection and to prevent viruses on the application.
9.3. The above provisions in sections 9.1 and 9.2 do not imply a change in the burden of proof to the detriment of the user.
During processing, data are collected and stored using a unique ID generated on the smartphone. We have compiled detailed information on the details and legal basis of data processing for you in the eb:fly privacy policy, including information on your rights regarding your data.
Data that have not been transferred by this point in time cannot be restored by us.
11.1. Ancillary agreements must be made in writing.
11.2. The application is operated and managed by di:medi concept GmbH. The application complies with the requirements of German law, where the responsible company is based. Di:medi concept GmbH accepts no responsibility for ensuring that information, software, and/or documentation can be accessed or downloaded from the application in locations outside the country in question. If users access the application from locations outside the country in question, they are solely responsible for complying with the relevant provisions of their country’s law. Access to information, software, and/or documentation on the application from countries where such access is illegal, is not permitted. In this case, and if the user wishes to enter a business relationship with di:medi concept GmbH, the user should contact eb:fly representatives in Germany.
German law applies, excluding the UN Convention on Contracts for the International Sale of Goods.