The following Terms govern the contractual relations between Medicus AI GmbH, Mariahilfer Straße 27/10, 1060 Vienna, Austria, represented by the managing directors [Baher Al Hakim], registered with the Austrian commercial register (Firmenbuch) under 458726y (“Medicus” or “we/us/our”) and the natural persons, legal entities and legally responsible partnerships (hereinafter “User”, “Users” or “you/your”) who wish to use the services of the Medicus application offered for certain mobile telephones or other mobile devices (hereinafter the “Medicus App”).
Terms and conditions provided by a User do not apply, regardless of whether or not Medicus has expressly objected to them in a particular case.
At any time, the current version of the Terms may be viewed, printed and downloaded at [www.medicus.ai/terms] or [menu/terms] within the Medicus App.
The defined terms used herein (such as User etc.) refer to all genders.
Description of Medicus Service
The Medicus App enables Users to fully understand their medical data by translating any medical tests or other medical data uploaded by the User (“User Medical Data”) into comprehensible language and information with actionable recommendations. All User Medical Data will stay on the respective mobile device of the User and will not be transferred to our servers or any third party. Any User Medical Data and other content uploaded by Users in the Medicus App are hereinafter referred to as “Content”.
The services offered by Medicus, in particular text, graphics, images, and other material contained on the Medicus App, must be understood as solely supporting the understanding of medical data. They do not offer professional medical advice, diagnosis or treatment and may under no circumstances be used as a substitute for this. The User should always seek the advice of his physician or other qualified health provider with any questions he may have regarding test results or medical condition.
We reserve the right to change, interrupt or discontinue the operation of any or all of our free services provided via the Medicus App at any time.
The use of the Medicus App will be free of charge.
Use of the Medicus App and Registration
You may use our services without registration, but only after agreeing to be bound by these Terms.
All Users must have unlimited legal capacity. Minors are only permitted to register for, access and/or upload User Medial Data to the Medicus App if they have the express written consent of their legal guardians, which they will submit upon our request to [firstname.lastname@example.org]. The minor’s legal guardians are solely responsible for the conduct of the minor and bear the consequences of any misconduct.
Requirements for Content posted on the Medicus App
User shall make sure that any Content which he uploads on the Medicus App complies with these Terms and does not contain any Prohibited Content as set out in section 5 hereof.
User shall use the Medicus App in accordance with these Terms and any applicable law/s, good manners or any third party rights (personal rights, copyrights, intellectual property rights, data protection rights etc). Any inappropriate or illegal use is prohibited. It is particularly, without limitation, forbidden:
to share Content that affects or infringes the rights of any third party, in particular personal rights, copyrights or other intellectual property rights or any other third party rights;
to share Content that contains personal information of a third party, confidential or non-public information;
to attack the Medicus App with a worm, virus, spyware, malware or any other harmful means; the User undertakes not to upload any information which, given its type or nature (e.g. viruses), size or reproduction (e.g. spamming, overloading, flooding the Services), could interfere with the operation of Medicus’s services;
to alter, to manipulate, to bypass, to overload or interfere with the Medicus App and its underlying software and security systems.
We reserve the right, at all times and at our sole discretion, to refuse the upload of any Content and to delete or remove any uploaded Content that violates or is alleged to be violating these Terms, any third-party rights or any applicable law/s; in these events we shall act without prior notice and without liability to the User.
User’s Warranties, Responsibility
User is solely responsible for his conduct and his User Medical Data posted on the Medicus App. User warrants that he will use the Medicus App in accordance with these Terms. User especially warrants that he will not use the Medicus App in any prohibited way as set out in section 5 above.
User warrants that the Content submitted to the Medicus App is in accordance with these Terms and does not infringe any third-party rights or any applicable law/s.
User shall defend, hold harmless and indemnify Medicus, its representatives, employees and agents and keep them indemnified against any and all losses, damages, expenses, costs, actions, claims, suits, litigation, causes of action, obligations, demands and liabilities which may be brought against Medicus by any third party for anything done or omitted in connection with (i) the User’s use of the Medicus App, including uploading Content on the Medicus App, (ii) any breach or violation of the User’s warranties or responsibility as set out in section 6, (iii) the User’s violation of these Terms and (iv) the exercise or purported exercise of Medicus’s rights hereunder.
This indemnification shall not cover claims by a third party which may occur because we have failed to delete or block Content without undue delay upon receipt of positive knowledge that such Content infringes the rights of any third party.
In the event of an enforcement of claims by a third party, User shall – immediately, truthfully and completely – provide us with all available information that is needed for the examination of the claim and for the defense against it and not to settle any claim without our prior written consent.
For any services offered by Medicus free of charge (“Free Service”), the following shall apply in derogation of section 9 (Liability of Medicus) hereunder: the Free Service is provided on an “as is” and “as available” basis with no right to any warranty given by Medicus or indemnification hereunder. Sections 9.2 shall not apply to Free Services if, and to the extent to, applicable law allows for other, i.e. lesser, scope of liability.
Liability of Medicus
Medicus shall not be liable for failure to timely perform its services due to an event beyond its reasonable control, including, without limitation, force majeure, computer viruses, acts of terrorism, civil unrest, war, strikes, fires, power cuts or epidemics.
Medicus’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover
damage from injury to life, body or health caused by Medicus;
damages caused by Medicus that are a result of wilful intent or gross negligence;
damage caused by Medicus as a result of slight negligence in the event of Medicus’ breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and, if User is a business client, such damage is typically foreseeable at the time of the infringement;
Medicus’ liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers Medicus’ liability.
Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
The limitations and/or restrictions of Medicus’ liability shall also apply to the personal liability of its legal representatives and vicarious agents.
Alternative settlements of disputes
The European Commission provides a platform for an online settlement of disputes which can be accessed under http://ec.europa.eu/consumers/odr/. Medicus is neither obliged to take part in alternative dispute resolutions before a consumer dispute settlement commission or will do so voluntarily.
We reserve the right to change these Terms at any time without indicating the reasons. We will notify User of the changed Terms on the Medicus App or via email no later than four weeks before they take effect. The notification will include a link to the full version of the changed Terms. If User does not object to the new Terms within four weeks after receipt of the notification, the amended Terms shall be deemed accepted. We will specifically indicate the possibility of objection and the significance of the four-week deadline to User in the notification. In case of an objection, User’s Account will be deleted by the time the new Terms take effect.
For these Terms, the laws of the Federal Republic of Germany shall exclusively apply under exclusion of the UN Convention on the International Sale of Goods (CISG) and – as far as legally possible – the conflict of law rules, without prejudice to any mandatory conflict of laws provisions which may be applicable in User’s country of residence.
If the User is a merchant or a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, the sole place of jurisdiction for all disputes arising under these Terms is – as far as legally admissible – [Berlin], unless the applicable law mandatorily requires another place of jurisdiction.
Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions hereof shall in no way be affected. The invalid provision shall then be replaced by the respective legal provisions, if such legal provision(s) exist(s). However, this shall not apply if this results in an unreasonable hardship for one of the contractual parties.