Information on data protection and terms of use of MEYDOC® X
MEYDOC® X Terms of use
These are the terms of use of
MEYTEC GmbH Informationssysteme,
Akazienstraße 13, D-16356 Werneuchen OT Seefeld
(hereinafter referred to as "MEYTEC", "we", "our" or "us")
in relation to your use of our video meeting platform MEYDOC® X ("Product", "Service") as a guest. Together with our Privacy Policy, these Terms of Use govern the relationship between you and MEYTEC and the terms and conditions for using our video meeting platform MEYDOC® X, unless a written (framework) agreement (account-based users) has been concluded between you and MEYTEC, in which case it would replace these Terms of Use and govern your access to and use of our service.
By using our service, you accept these Terms of Use as a legally binding agreement and will therefore only use this service in accordance with these provisions and subject to the terms of this agreement.
Our service allows you to participate in video conferences. As a guest, you do not need to register for this, as you have been invited via a meeting link. However, we may ask you to provide personal information to identify you to other participants in the conference.
You acknowledge that features or functions or other parts of the service may change over time. MEYTEC may change the form and nature of the service without prior notice. This may, among other things, result in future versions being incompatible with installed applications developed on or with earlier versions. MEYTEC may, at its sole discretion and without prior notice, discontinue the provision of the service to you or to users in general (permanently or temporarily). MEYTEC may update the software, the mobile application or other parts of the service at any time, but is not obliged to make such updates available to you.
Access to and use of our service
In order to access or use our service, you may be required to provide certain personal information. You represent and warrant that this information is accurate and that you will keep it accurate and that MEYTEC shall not be liable for any errors or omissions. You are solely responsible for maintaining the security of your access and agree not to disclose or make it available to any third party.
Prohibition of shared use. You are not authorised to share user rights with other persons unless this has been expressly approved in writing in advance. You are not authorised to disclose access data relating to the above to other persons. You confirm that the disclosure of such rights is strictly prohibited. Your right to use or access the service is personal and non-transferable. You are not authorised to assign or transfer user rights to another person.
If you use MEYDOC® X as a doctor for medical consultations, the following conditions apply. The doctor undertakes to provide MEYTEC with correct information and details in connection with the creation of a consultation account, including the submission of correct and valid documents. The doctor acknowledges that consultations may not be used for minors or persons under guardianship, nor may they be used by persons under guardianship , unless the doctor has made a separate agreement with the parents/guardians of such persons.
The doctor is responsible for using the correct email address when sending invitations to patients. MEYTEC accepts no responsibility if the wrong persons are invited to a consultation.
It is also recommended that the doctor take appropriate technical and organisational measures, including updating software, using a firewall, etc.
Prohibited use
You agree to use this service only in a manner permitted by these Terms of Use and in accordance with all applicable laws, regulations or generally accepted practices or guidelines in the respective country (including, without limitation, all applicable export laws and regulations). It is your responsibility to ensure that you are legally permitted to use the service in your location.
If laws applicable to you restrict or prohibit the use of the Service, you must comply with those legal requirements or, if applicable, discontinue access to and/or use of the Service.
Examples of prohibited behaviour, which are not considered exhaustive, include (1) Use of the service for an illegal purpose or in a manner that is not compatible with these Terms of Use, or fraudulent or malicious acts, e.g. through hacking or inserting malicious code, including viruses, or harmful data intended to (2) Violation of the intellectual property rights of MEYTEC or third parties and their unauthorised use, (3) transmission of communications that are defamatory, abusive or otherwise objectionable in relation to your use of the service, (4) Use of the Services to transmit unsolicited communications (sometimes referred to as "spam") or any communications that are not permitted under applicable law, or use of the Service for phishing or pharming purposes or to misrepresent your affiliation, (5) You may not use the Services in any manner that damages, disables, overburdens, impairs or compromises the Services, (6) You may not collect any information or data from the Services or our systems or attempt to decrypt any transmissions to or from the servers on which the Services are operating, (7) Submitting or posting on the website or otherwise exposing material or content that infringes the intellectual property rights of any third party, (8) Submit or post any material or content on the website or otherwise make available to third parties any material or content that is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise objectionable in MEYTEC's sole discretion; (9) Intercepting or monitoring, damaging or altering any communication not intended for you, (10) Selling, renting, leasing, distributing, marketing, disclosing, exporting, importing, acting as an intermediary or provider, (11) Use the Services (or any part thereof) to provide commercial products or services to third parties (the foregoing does not preclude you from using the Services for your own business communications); and/or (12) Share the Services without restriction in a fraudulent manner. Without prejudice to the generality of the foregoing, the following practices shall always be considered Prohibited Use:
- Resale; sharing with other users;
- Use for telemarketing or call centre activities;
- Calling numbers (individually, consecutively or automatically) to generate income for yourself;
- Unusual calls or call patterns that do not correspond to the normal use of individual users may also be considered unauthorised use.
MEYTEC reserves the right to take into account any illegal, prohibited, abnormal or unusual activity in its decision, including information from partners. Excessive conferencing or forwarding of calls, an excessive number of regular calls of short duration, calls to multiple numbers in a short period of time, automatic dialling or fax/voice blasts, use without live dialogue and/or persistent excessive use are considered indicators of such unauthorised or excessive use. MEYTEC may, at its sole discretion, immediately suspend the services in relation to you and/or terminate the Terms of Use with you if MEYTEC determines that you are using your unlimited offer in violation of the Terms of Use.
Responsibility for use and end users
You are fully responsible to MEYTEC for any (including fraudulent) use of the service that is or may be associated with your access. You are therefore solely responsible for all activities that take place on or under your access, regardless of whether the activities are carried out by you or a third party and whether they are authorised or not. MEYTEC is not responsible for unauthorised access. You are obliged to contact MEYTEC immediately to suspend the service and block your access if you suspect that your mobile phone, computer or other device with which you use the service has been stolen or that an unauthorised third party is using your access, or if your access data has been lost or stolen. You are responsible for all actions taken under your access until the MEYDEC® X service is discontinued and access is blocked. You can terminate our service by giving us the usual notice period. MEYTEC is not responsible for any problems arising from your violation of these terms and conditions. This includes unauthorised use and stolen devices.
The content of communications made via the MEYTEC service is determined solely by the person from whom the content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. MEYTEC is not liable for any communication distributed via our services.
System requirements, changes
To use our service, you need one or more compatible devices, Internet access and certain third-party software. You may be required to receive updates or upgrades to the software or third-party software from time to time, which may incur additional costs for you. Since the use of the services requires hardware, software and Internet access, your ability to access and use the services and software may be affected by the performance of the aforementioned factors. High-speed Internet access is recommended. You are solely responsible for all charges incurred in connection with your access to or use of the Services and the Software, including charges for hardware, software, Internet access or text messages. You agree that the above requirements are your responsibility and that MEYTEC may, at its sole discretion, discontinue the availability or compatibility of the Services or Software on any particular operating system, device or platform.
Payment
MEYDOC® X is a paid service provided by MEYTEC. Payments are made at regular intervals in accordance with the payment terms specified in the separate user and service agreements concluded for paying users with their own accounts. Users who use the service without their own accounts because they have been invited to a conference via an invitation link (guests) do not incur any costs. MEYTEC reserves the right to change prices (offers, plans, subscriptions or similar) at any time without prior notice. You agree to accept the price adjustments if you continue to use our service after the price adjustment. You are responsible for paying all value added taxes or other taxes or fees that may apply to our services.
Eligibility and Restrictions on Use by Children
You represent that you are of legal age to enter into this Agreement and use the Services. You confirm that you are otherwise fully able and authorised to comply with the terms, conditions, obligations, consents, representations and warranties set forth in this Agreement and to enter into this Agreement. Your access may be terminated without warning if we determine that you are not of legal age or are otherwise not authorised to enter into this agreement or use the services.
MEYDOC® X is not intended for use by persons under the age of sixteen (16) unless with the consent and supervision of a parent or legal guardian.
Liability and Indemnification
MEYTEC and its subsidiaries, affiliates, officers, directors, employees and agents, as well as all other service providers who provide services to you in connection with our services, shall in no event be liable for any consequential, indirect, special, punitive or incidental damages or damages for the loss of money, data, goodwill, reputation, business information or business profits, business interruptions or other financial losses resulting from the use or inability to use our service or otherwise arising in connection with the Terms of Use, even if they have been advised of the possibility of such damages.
You agree to indemnify, defend and hold harmless MEYTEC and its subsidiaries, affiliates, officers, directors, employees and agents, and all other service providers providing services to you in connection with our service, from and against any claims or demands or any governmental investigation or enforcement action (including, without limitation, reasonable legal fees) brought by any third party arising out of your use of our services (including, without limitation, the posting and transmission of material), your violation of the Terms of Use, or your violation of the rights of any other person or entity.
You expressly acknowledge and agree that your use of the MEYTEC Services is at your own risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the extent permitted by applicable law, the Services are provided "as is" and "as available", with all faults and without warranty of any kind, and we hereby disclaim all express, implied or statutory warranties and conditions with respect to the Services, including, but not limited to the implied warranties and/ , or conditions of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, undisturbed enjoyment, and non-infringement of third-party rights. We do not warrant that the use of the Services will be uninterrupted or error-free or that defects in the Services will be corrected. No information or advice provided by us, either verbally or in writing, constitutes a guarantee. Should the service prove to be defective, the necessary maintenance, repair or correction work will be carried out professionally within the framework of a concluded software maintenance contract (mandatory when purchasing a MEYDOC® X usage licence, applies to fee-based accounts).
Term, termination and suspension of this agreement
The Terms of Use shall remain in force until you revoke your consent or MEYTEC terminates them. You may revoke your consent to these Terms of Use at any time by suspending your use of the service.
Without limiting other legal remedies, MEYTEC may modify, restrict, suspend, discontinue or terminate your use of all or part of our service and/or the Terms of Use with immediate effect, automatically, with or without notice and without recourse to courts or other tribunals for any reason or without reason, including, without limitation, if MEYTEC has reasonable grounds to suspect that you: (1) violate any provision of these Terms of Use; (2) use our service to violate the law or infringe the rights of third parties; (3) attempt to exploit or abuse any of our policies in an unfair manner; (4) use our service in a fraudulent manner or have your access used by a third party in a fraudulent manner; (5) are causing problems or legal obligations (actual or potential); (6) are engaging in fraudulent, immoral or illegal activities; and/or (7) are subject to proceedings under bankruptcy, insolvency, liquidation or similar laws.
In addition, the same rights apply to MEYTEC in relation to fraudulent calling patterns, excessive use, billing irregularities or misuse of promotions or campaigns; or if required due to a change in laws/regulations by a regulatory authority or an authority with a legal mandate in a specific area; or if required by one of MEYTEC's service providers. You acknowledge and agree that MEYTEC is not obligated to provide its service and that MEYTEC shall not be liable to you or any other party for any limitation, suspension, interruption, termination or modification of the service and/or these Terms of Use. MEYTEC reserves the right to delete access if it has been inactive for more than one (1) year.
Upon termination for any reason: All rights granted to you under these Terms of Use shall cease. You must immediately cease all activities authorised by these Terms of Use, including use of the MEYTEC service. You must immediately delete or remove access and other parts of the MEYTEC service (if applicable) from all your devices and immediately destroy all copies thereof in your possession, custody or control. MEYTEC will terminate your access by preventing you from accessing the service or other parts of our service (if applicable).
Changes to this Agreement
MEYTEC may make changes (amendments, deletions and additions) to these Terms of Use from time to time. We will publish such changes on our web-app in a timely manner. These will take effect upon publication. If you continue to use our services after the date of publication, we will consider this as your acceptance of the updated Terms of Use. In some cases, MEYTEC may notify you of a change and request your express confirmation of your agreement to a change. If a change requires specific notification under applicable law, MEYTEC will provide you with such notification in the manner required by applicable law, together with the required notification of your rights.
Proprietary rights, licences, reverse engineering, etc.
All ownership rights and intellectual property rights in our service, the associated software, the mobile application, the website or, where applicable, other parts of the service and all copies and derivative works thereof (regardless of the form or medium in which the original or other copies exist), including but not limited to patents, design rights, copyrights, trademarks, trade secrets and protected know-how, are the property of our partner and are owned by Meedio or Meedio's licensors. Nothing in these Terms of Use constitutes a transfer of such rights from Meedio to MEYTEC and to you or any other person, nor shall it be construed as such. The word and figurative mark MEYDOC® is the exclusive property of MEYTEC.
For clarity, nothing in these Terms of Use gives you the right to use MEYTEC's trade names, trademarks, service marks, logos, domain names or other distinctive brand features, unless they are included in the service provided to you or are otherwise used.
In consideration of your agreement to the terms and conditions set forth in this document, we grant you a limited, non-transferable, non-sublicensable, non-exclusive and revocable licence to use our service. You are authorised to access our web application to view, use and display the application on your devices solely for your personal purposes. The Services are intended for your personal use. You may not resell or commercialise the Services to any third party. You may not remove, obscure or alter any proprietary rights notices (including copyright and trademark notices) affixed to or contained within the Software. You acknowledge that you have no right to access other parts of the Service (if applicable) in source code form.
Open source software
MEYDOC® X may contain open source software. The use, reproduction and distribution of components of the software that are licensed under an open-source software licence are subject to the terms of that open-source software licence, but to the extent permitted by that licence and where applicable, the Terms of Use shall prevail over that open-source software licence.
Data and data protection
By using our service, you accept the privacy policy associated with these terms of use. If you do not agree with our terms of use and/or our privacy policy, you will not receive a licence and must discontinue use of our service.
By using our services, you accept our Data Processing Agreement (DPA) as well as our Terms of Use and Privacy Policy, which are linked on our website, and you warrant that you have the unrestricted authority to accept this DPA on behalf of the legal entity using our service.
If you do not agree with or cannot comply with this privacy policy, or are not authorised to do so, please do not use the service and do not submit any personal data to us.
Applicable law and jurisdiction
The Terms of Use are governed by German law, regardless of the conflict of law provisions or the laws of your actual place of residence or country. All disputes, disagreements or claims arising out of or in connection with the Terms of Use or your relationship with MEYTEC, including all non-contractual obligations, shall be subject to the exclusive jurisdiction of the courts in Germany. Notwithstanding the foregoing, MEYTEC shall be entitled to seek injunctive relief in any court of competent jurisdiction.
Miscellaneous
The Terms of Use constitute the entire agreement between you and MEYTEC with respect to the use of our service and any other part of our service and supersede all prior offers, agreements, arrangements and representations with respect to the service or any other subject matter covered by the Terms of Use. The Terms of Use may not be modified or supplemented except as described herein by MEYTEC or otherwise with the written consent of MEYTEC. If any provision of the Terms of Use is held by a court or arbitral tribunal to be invalid or unenforceable for any reason, the remaining provisions shall remain in full force and effect.
Force majeureYou acknowledge and agree that MEYTEC shall not be in breach of its obligations to you under the Terms of Use or otherwise if MEYTEC is unable to provide its service due to force majeure. An event of force majeure is any event beyond MEYTEC's control.
Communication between you and MEYTEC
If you wish to contact MEYTEC or if a condition in these Terms of Use requires you to notify us in writing, you may contact us by email at info@meytec.com. MEYTEC is entitled to use the email address or telephone number you provided in your access or any other email address, telephone number or other contact information you provided in connection with your use of your access, the website or other parts of our service or that was otherwise provided to us during your contacts with MEYTEC when sending notifications to you. You agree to the use of electronic communication to conclude contracts, place orders and create other records, as well as to the delivery of notifications, guidelines and their changes and records of transactions with MEYTEC.
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