General Terms and Conditions

Dr Notes – Medical Copilot

General, contractual partners, scope of application
1.1 The following General Terms and Conditions apply exclusively to entrepreneurs within the meaning of § 14 BGB (German Civil Code). The contractual partners within the scope of the following General Terms and Conditions are 300plus GmbH, Glogauer Str. 5, 10999 Berlin (hereinafter referred to as “300plus”) and the Customer. 300plus GmbH offers the Customer the provision and use of the chatbot and documentation assistant based on artificial intelligence (hereinafter: “Services”).

1.2 These General Terms and Conditions apply exclusively to contracts in connection with the Services; terms and conditions of the Customer that conflict with or deviate from these General Terms and Conditions will only be recognised by 300plus GmbH if 300plus GmbH has expressly agreed to them in writing. They shall also have no effect if 300plus GmbH has not objected to them in individual cases. The contractual language is German.

1.3 These General Terms and Conditions shall apply in the version valid at the time of conclusion of the contract or in any case in the version last communicated to the Customer in text form as a framework agreement also for similar future contracts, without the need to refer to the General Terms and Conditions again in each individual case.

1.4 300plus GmbH reserves the right to amend these General Terms and Conditions at any time. The Customer will be informed of these changes in writing. If the Customer does not object to 300plus GmbH in text form within 6 weeks of receipt of the notification of amendment, the amended General Terms and Conditions shall be deemed accepted.

If unforeseeable and uninfluenceable changes occur after the conclusion of the contract (e.g. changes in the law) or if gaps become apparent, whereby the relationship between performance and consideration is significantly disturbed, 300plus has the right to adjust the General Terms and Conditions without the consent of the Customer. The Customer shall also be informed of this in writing.

1.5 The assignment of claims against 300plus to third parties is excluded. § Section 354 a HGB remains unaffected.

2. Offer, scope of service, conclusion of contract
   2.1 The services offered by 300plus on its website or in advertisements, catalogues or brochures are non-binding. They represent a non-binding invitation to the Customer to select a corresponding tariff from 300plus.

2.2 By registering the Customer at drnotes.app and selecting the relevant tariff, the Customer submits a non-binding offer to conclude a contract.

2.3 Upon receipt of this enquiry, 300plus will immediately inform the Customer of the receipt of the order by e-mail together with a confirmation link. This order confirmation by 300plus is not an acceptance of the order, but merely a confirmation that the order has been received.

2.4 The contract between 300plus and the Customer is only concluded when the Customer clicks on the confirmation link sent by e-mail and 300plus sends the access data to the Customer. 300plus reserves the right to refuse the conclusion of the contract without giving reasons.

2.5 After conclusion of the contract, the Customer will immediately be given the opportunity to integrate the service into his website.

2.6 If the Customer does not call up the confirmation link within one week of receipt, 300plus is authorised to delete the account created by the Customer.

2.7 The service owed by 300plus results from the tariff selected by the Customer. Statements and explanations by 300plus in advertising materials and on websites are to be understood as a description of the quality and not as a guarantee or assurance of a property.

2.8 There are no verbal collateral agreements. Collateral agreements and subsequent amendments require the express written acknowledgement of 300plus. This also applies to warranties and subsequent amendments to the contract.

3. Registration
   3.1 By registering, the Customer assures that all personal and company data provided by him during the registration process and within the account created are complete and correct. The use of pseudonyms is not permitted

3.2 The customer is obliged to keep the address and contact data provided during registration up to date at all times and to make any adjustments to the account without delay. The customer is also obliged to enter a permanent authorised contact person with e-mail address and postal address (if different from the customer’s general address) in the account created during registration. Furthermore, the Customer must name in his account all persons, together with their contact details, who are also authorised to use the services of 300plus (hereinafter: “other authorised users”). The Additional Authorised Users shall receive individual access data, which shall be specified by the Customer in advance.

3.3 The Customer and the Additional Authorised Users are responsible for the proper administration of the access data. 300plus shall not be liable for the misuse or loss of the access data. If the Customer becomes aware of any misuse, he must immediately notify 300plus in writing.

3.4 In accordance with the contract and the following provisions, the Customer receives the simple, non-exclusive, non-transferable right, limited to the duration of the contract, to use the subscribed services for himself and for the contractually defined authorised users for the Customer’s own purposes, subject to payment of the remuneration owed and due.

3.5 The Customer may use the services of 300plus free of charge for 14 days as part of a test phase. The free trial period may only be used once. At the end of the trial period, or earlier if desired, the Customer may opt for a fee-based contract.

3.6 The test phase ends automatically at the end of the 14th day after it begins, without the need for cancellation. The test phase ends prematurely at the customer’s request by concluding a chargeable contract. If the test phase ends without the customer having concluded a fee-based contract with v, the customer’s access shall be blocked until such a contract is concluded and the service shall be switched off.

4. Prices, due date for payment
   4.1 The customer shall not owe any remuneration for the use of the subscribed services before the end of the test phase in accordance with Section 3.5.

4.2 The payment to be made by the customer for the use of the service is determined by the tariff selected by the customer.

4.3 All prices are subject to the value added tax applicable at the relevant time.

4.4 Payment is to be made in advance for the agreed subscription period and subsequent renewal periods. The duration of the subscription period and subsequent renewal periods shall be determined by the tariff selected by the Customer.

4.5 Invoices from 300plus are due for payment without deduction immediately upon receipt by the Customer.

4.6 If the Customer is in arrears with payments, 300plus is entitled to refuse fulfilment of services due to the Customer, to block the account and to switch off the services. in such cases, 300plus will notify the Customer in advance of the blocking and deactivation, setting a deadline for the elimination of the default. In addition, 300plus is entitled to charge interest on arrears at a rate of 9 percentage points above the base interest rate. If the Customer chooses to pay by direct debit, he shall also bear the costs incurred due to non-payment or reversal of the direct debit due to insufficient funds in the account. These are in particular the fees charged by the bank and the costs of notification.

4.7 The withholding of payments due to or offsetting against counterclaims by the Customer is only permitted if these counterclaims are undisputed or have been recognised by declaratory judgement.

4.8 300plus is entitled to increase the remuneration for subscriptions with a written notice of three months to the end of the month, insofar as either the necessary costs incurred for the provision of the services, in particular the costs of maintenance and further development of the technical infrastructure or the costs for customer service and general administration – also taking into account any cost savings that may have occurred – have increased overall after conclusion of the contract. These costs must be proven to the customer upon request.

5. Start of contract and cancellation
   5.1 The free 14-day test phase begins when the contract is concluded. The contract ends automatically at the end of the test phase unless the customer has agreed to use the selected tariff for a fee within this period. The Customer will be informed of this by 300plus before the end of the trial period. The account and the respective access data shall remain in place for a further three months, unless the Customer has already cancelled the account beforehand. The Customer may also decide during the test phase to use the services of 300plus for a fee by cancelling the test phase prematurely in his Customer account.

5.2 If paid use is selected, the duration of the contract depends on the selected tariff. The contract shall be extended by the contract term corresponding to the tariff if it is not cancelled in text form before the end of the contract term.

5.3 The right to terminate the contract without notice for good cause remains unaffected. Such a reason exists for 300plus in particular if:

-the Customer is in default of payment for more than two months;
-the Customer repeatedly violates the provisions of these General Terms and Conditions;
-an application for the opening of insolvency proceedings has been filed against the Customer and such proceedings have been opened or rejected for lack of assets.

6. Responsibility and obligations of the customer
   6.1 The customer bears sole responsibility for all content and actions that he/she undertakes in the context of using the services under his/her account.

6.2 It is the customer’s responsibility to ensure that the information, data and materials provided by him comply with applicable laws and official regulations (e.g. protection of minors, data protection and competition law). The information, data and materials must not infringe any third-party rights, in particular personal rights or copyrights, which could restrict their proper use.

6.3 The Customer is obliged to check the relevant information, data and materials to determine whether 300plus may use this information, data and materials within the scope of the agreed services in accordance with the contract and, if necessary, to provide the required rights of use and obtain the consent of third parties. The Customer shall indemnify 300plus against all claims of third parties resulting from a breach of the aforementioned obligations. The indemnification shall also include the costs of any necessary legal defence.

6.4 The Customer is obliged to use the current version of the services indicated in the account and provided by 300plus. Software updates are carried out automatically. Apps, plugins and add-ons are excluded from this. The Customer is solely responsible for customising and updating individual settings.

6.5 The Customer must independently and at his own responsibility and expense create all the necessary conditions for the use of the services of 300plus. This applies in particular to the system requirements, infrastructure and the telecommunications connection between the Customer and 300plus.

6.6 The Customer undertakes to use the services of 300plus exclusively for the contractually agreed purposes. Access to the services of 300plus shall take place exclusively via the agreed channels. The Customer may not circumvent, remove, switch off or otherwise render inoperable any security measures set up by 300plus.

6.7 Furthermore, the Customer undertakes to observe the following provisions when using the services of 300plus, in particular when creating content:

All content posted by a Customer must correspond to the facts and be as factual, objective and accurate as possible. They must not infringe any patent, copyright, trade mark or personal rights or other protected legal positions of third parties.
The Customer must not give the impression that he is acting on behalf of 300plus or that he has been commissioned by 300plus to do so.
The posting, sending or otherwise making available of content is not permitted if it represents or contains the following:
deliberate misinformation, insults, defamation,
Obscenities or lies;
Threats against other users, providers or third parties;
Hearsay information and unconfirmed statements by third parties
The following content is also inadmissible:
that is copied or copied from elsewhere;
that contain offensive statements and comments
that is pornographic, obscene, offensive, vulgar or otherwise objectionable;
which pose a security risk as carriers of viruses, Trojans or other harmful programmes;
which are discriminatory, racist, contemptuous of human rights, radical, religious, xenophobic, national socialist, pornographic or otherwise sexually degrading in nature;
statements or actions of any kind that violate statutory provisions, in particular the German Criminal Code (StGB), the German Narcotics and Drugs Act (Stäubungsmittel- und Arzneimittelgesetz), the German Youth Protection Act (JSchG), competition law (UWG), copyright and trademark law as well as other property and personal rights of third parties.
6.8 If the Customer violates the obligations incumbent upon him under these GTC, 300plus shall be entitled to block access to the Services or to switch off the Services, to terminate the present contractual relationship and/or to refuse a new application (registration) by the Customer. Claims of the Customer against 300plus due to such measures are excluded.

7. Changes to services and availability
   300plus reserves the right to extend, change or restrict functions insofar as this serves technical progress, is necessary to prevent misuse or 300plus is obliged to do so due to legal regulations. If the contractual use of the service by the Customer is not only insignificantly impaired by the change in the scope of functions, the Customer has the right to change the tariff or to cancel.
8. Liability
   8.1 300plus shall only be liable in cases of intent and gross negligence. This also applies to intentional or grossly negligent behaviour of the Seller’s representatives and/or vicarious agents. This limitation of liability shall not apply in cases of breach of material contractual obligations or in cases of injury to life, limb or health and mandatory liability under the Product Liability Act

8.2 The liability for damages is limited to the foreseeable, typically occurring damage.

8.3 300plus is not liable for damages resulting from information, data and materials provided by the Customer via the services of 300plus.

8.4 Unless otherwise stipulated above, liability is excluded. This applies in particular to damages which are based on causes which are not within the area of responsibility of 300plus, such as force majeure, strikes, official measures, failure of means of transmission, disruptions in the services of licence partners or other disruptions.

9. Warranty
   9.1 Any technical data in the offer or in the contract represent quality specifications and are not to be understood as a guarantee or assurance, unless expressly agreed otherwise. This applies in particular to response and reaction times and to the correct answering of trained questions.

9.2 Warranty claims by the customer are excluded in the following cases in particular:

The Customer has not followed instructions or advice from 300plus or has not handled the services in accordance with the contract.
Changes occur in the general framework conditions or with third parties, in particular due to updates of operating systems and changes to external services, platforms or systems.

10. Confidentiality and data protection
    10.1 Data processing is carried out in accordance with the applicable German Federal Data Protection Act (BDSG), the EU General Data Protection Regulation (EU GDPR) and the German Telemedia Act (TMG).

10.2 300plus considers the proper processing of personal data to be very important, the privacy policy can be viewed at drnotes.app.

10.3 Insofar as the Customer enters or has entered personal data of third parties into the services of 300plus, the Customer shall be responsible to 300plus and shall ensure that this is permitted under the applicable data protection regulations.

10.4 The parties undertake to treat as confidential all confidential information of which they become aware during the performance of this contract and to use it exclusively for contractually agreed purposes and not to disclose or utilise it to third parties. The parties undertake to obligate their employees and co-workers as well as other parties involved accordingly.

10.5 Confidential information within the meaning of this provision is information, documents, details and data that are labelled as such or are to be regarded as confidential by their nature.

11. Miscellaneous, place of jurisdiction, applicable law
    11.1 Should any of the above provisions be invalid, this shall not affect the validity of the contract concluded. The parties shall close any loophole resulting from invalidity by means of a joint agreement that comes as close as possible to the economic and legal intent of the invalid provision.

11.2 The place of fulfilment is the registered office of 300plus.

11.3 The competent court for all disputes in connection with this contract and its conclusion is the registered office of 300plus. 300plus is also entitled to take legal action against the Customer at the place of its registered office.

11.4 The claims arising from this contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.

11.2 The place of fulfilment is the registered office of 300plus GmbH.

11.3 The competent court for all disputes in connection with this contract and its conclusion is the registered office of 300plus GmbH. 300plus GmbH is also entitled to take legal action against the Customer at the place of its registered office.

11.4 The claims arising from this contract shall be governed exclusively by German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods.