Terms and conditions for your DoctorBox account
In case of doubt, the original terms and conditions of DoctorBox GmbH in German always apply.
Effective date: 01.03.2025
Welcome to your DoctorBox account!
By creating a user account with DoctorBox ("DoctorBox Account"), you can manage your own digital health account ("Health Account") through our DoctorBox app ("App"). Our app gives you the opportunity to collect and structure all your health data centrally in one place, store and/or synchronize it locally on your device or securely in our cloud, make it easily accessible to your doctor and use certain (possibly paid) functions, such as the emergency sticker, tests & test results, the pollen count widget, automatic follow-up prescription requests, the health assistant and other functions in the future ("Services"). You decide for yourself who is allowed to look into your health account. Some of the services we offer are only made available after booking a paid subscription.
These General Terms and Conditions ("these Terms" or "T&Cs") are a contract between you and DOCTORBOX GmbH ("we"/"our"/"us") with its registered office at Lietzenburger Straße 107, 10707 Berlin (+49 30 34045468, info@doctorbox.de). They govern the use of your DoctorBox account as well as the booking of paid subscriptions and also contain information required by law. Your access to your DoctorBox account as well as the booking of the paid subscriptions is conditioned by your acceptance of these Terms and Conditions and the acknowledgement of the Privacy Policy. Our services are aimed exclusively at users who have reached the age of eighteen. If you wish to use our services even though you have not yet reached this age, you will need the consent of your parents or legal guardian. If you would like to book our "Basic" or "Premium subscription" in addition to using the app, a booking of the "Basic subscription" is possible throughout Europe and a booking of the "Premium subscription" is only possible for users residing in Germany.
We reserve the right to propose a change to these Terms (including the functionality of our Services) to you at any time with a notice period of 30 days by sending an e-mail to the e-mail address specified in your login data or by displaying a message in your DoctorBox account. The proposed change will only take effect if you agree to the change as follows:
· If it is a material change, we will ask for your consent to this change, e.g. via a link in the announcement email or in the app.
· If it is not a material change, the user's consent is deemed to have been given if the user has not rejected the change to us in text form before the proposed effective date and continues to use the app after the effective date has expired (e.g. by reopening the app with a logged-in DoctorBox account). In the event of such changes, we will inform you in advance of your right to reject the proposed change, the deadline for doing so and the consequences of missing this deadline, as well as your right to terminate the contract (see Section 9.5).
Significant changes are those changes that significantly shift the previously agreed relationship between performance and consideration to your disadvantage or amount to the conclusion of a completely new contract (in particular changes to the type and general scope of the services, to terms, termination options and costs). Changes that are obliged to make due to a change in the law, a legally binding judicial or administrative decision or on the basis of a preliminary injunction do not constitute such a material change.
1. Login and registration for your DoctorBox account
1.1. Your DoctorBox Account
The use of our Services via your DoctorBox Account requires the download of our App from an App Store (Apple iTunes, Google Playstore) to a smartphone, tablet or other mobile or stationary device suitable for downloading our App (collectively "Device") and the creation of a DoctorBox Account. The DoctorBox account can also be set up and operated via a common web browser under www.doctorbox.de . Registration and setting up a DoctorBox account are free of charge. You will automatically receive our free subscription, the range of functions of which is described in more detail below.
When registering, you will be required to provide your email address, date of birth, and set your username and password ("Credentials"). A confirmation link will then be sent to the email address you have provided. Your registration is done by confirming your contact details by clicking on the link.
When you sign up for a DoctorBox account, you must provide us with current, complete, and accurate information. If there are any changes to this data after registration, you are obliged to notify us of the changes immediately by updating the information in your DoctorBox account. You must keep your login details confidential and must not allow any third party to use your DoctorBox account or our services unless we agree to this. We may attribute any use of your login credentials to you, and you are solely responsible for all activities that occur under your DoctorBox account. If you suspect unauthorized use of your login credentials or your DoctorBox account or a breach of your data security, please notify us immediately via the following email address: sos@doctorbox.de.
Furthermore, the use of "end-to-end" encryption (see 2.4 below) is mandatory and you must follow the instructions for the creation of your personal key in order to use the DoctorBox account.
For some particularly security-relevant functions of the app, verification of your DoctorBox account may be or will be required. We will inform you of this separately in the app. If you want to use this function, you must take a photo of your ID card on which the printed information is recognizable and upload it to the app. For this purpose, a function is available within the app. The copy will be marked as a "copy" on our server, stored and used exclusively to verify your identity. This is done by taking a video of yourself after uploading the picture, by answering questions about the data printed on the ID card or by holding your ID in front of the camera next to you ("Alive Check"). This video is then manually compared by us with the previously uploaded photo.
1.2. Third-Party Products and Services
In order to use our Services, you may need to use or purchase additional products or services, such as a device, internet access, and data connection. You must purchase and use these separately and bear all associated costs (including, but not limited to, the cost of internet access, text messaging or other data transfers). Our Services may allow you to use and purchase services (including payment support services) and content from other providers ("Third-Party Materials"). Such third-party materials are subject to their own terms of use, and you are solely responsible for compliance with the then-current Terms of Use.
If you access, use or purchase materials from other providers, other terms and conditions may apply. You must comply with the relevant terms and conditions of other providers and bear all associated costs. The relevant provider is solely responsible for the materials of other providers; we ourselves cannot assume any liability for this. Therefore, the defendant of any claims you may have with respect to materials from other providers is the relevant provider, not us.
2. Our Services
2.1. Own health account
In your DoctorBox account, you can collect, structure and include information and documents with information about your findings, symptoms, state of health, doctor's appointments, medications, medical treatment, health insurance and billing ("Health Data") in your Health Account. This gives you the opportunity to store all your health data digitally in a central location that you can access from anywhere with your device and – if you choose the "Balanced Security Option" (see 2.2) – make relevant data easily accessible to your doctor. If you choose the "Extreme security option", you will not be able to share the data with your doctor. The function of your own health account is included free of charge in all subscriptions.
By assigning tags (= keywords), you can easily organize your health data. You can also create a timeline (= timeline) in your DoctorBox account, where you can see the chronological history of a specific topic or all the health data you have entered.
You can authorize a doctor, practice, hospital, or rehabilitation facility to upload documents related to your treatment directly to the DoctorBox timeline. You can send an invitation in your DoctorBox app by naming the doctor/practice/hospital/facility and their email addresses. The invitation retains its validity for 3 months.
You also have the option of creating a Medical ID in your DoctorBox account. The Medical ID contains important emergency data such as allergies, existing illnesses, emergency contacts or medication instructions and can be quickly retrieved in medical emergencies.
2.2. Emergency stickers
You can also decide for yourself whether or not to pass on certain data to third parties using our "Emergency Sticker". However, the emergency sticker can only be set up in one of our paid subscriptions such as the "Basic subscription" or the "Premium subscription".
The emergency sticker is a physical sticker that you can get at doctor's offices or order from us. You can connect an emergency sticker to your DoctorBox account and share certain data that you have stored in your DoctorBox account with third parties. In any case, this requires an active, case-by-case release of certain data by you. A sharing ID and a PIN are printed on the emergency sticker. A third party to whom the emergency sticker is made available can view the data you have stored by entering this data via a website indicated on the emergency sticker. This can be helpful, for example, if you have had an accident and are unresponsive, to provide emergency physicians with allergies, illnesses or similar helpful information. However, anyone who has access to your emergency sticker can access the information stored there; You should therefore be careful for whom you make the emergency sticker visible and what data you store. The use of the emergency sticker is your own responsibility. By setting up the emergency sticker, you instruct DoctorBox to grant access to the data you have stored to the people who have the access data of the emergency sticker.
You can delete an emergency sticker that you have activated at any time in the app, so that the access data on an emergency sticker is no longer suitable for retrieving the stored data. You can also delete, change or add to the stored data at any time.
2.3. Home tests & test results
The app generally enables you to retrieve the results from home tests. The function of retrieving the home tests & test results is included free of charge in all subscriptions.
The prerequisite is that you have previously concluded a contract with DoctorBox Service GmbH for the purchase of the required home test and its implementation. The separate contractual terms and conditions of DoctorBox Service GmbH apply to this. We only provide the participating laboratories with an interface to the app, through which the laboratory can transmit your test results to the app. We have no influence whatsoever on the results and their accuracy. The results obtained by the laboratory are presented to the user via the app, without any additional medical recommendations or consultations. The App expressly does not offer its own medical services, diagnoses and/or therapies and does not provide any corresponding medical information. In this respect, it is not a medical device within the meaning of the Medical Devices Act or the Medical Devices Ordinance.
As a premium user, you have the opportunity to take advantage of a preventive home test for the early detection of colorectal cancer or diabetes free of charge once a year. The test results can be accessed via the app.
2.4. Pollen Count Widget
The app provides you with a pollen count widget. The pollen count widget is only available to you in the app as part of the paid booking of the "Basic subscription" or the "Premium subscription".
The pollen count widget shows you the pollen forecast in your area on a daily basis based on the data provided by the German Weather Service. This allows you to see which pollen is circulating in your area on a daily basis. All you have to do is enter the postcode or city in the pollen count widget in the app for which you want to view the pollen forecast. In addition, you can select the pollen, grasses or herbs for which you want a forecast. We obtain the relevant data in real time from the German Weather Service.
The app provides you with a pollen count calendar. The pollen count calendar is only available to you in the app as part of the paid booking of the "Basic subscription" or the "Premium subscription".
2.5 Follow-up prescription request
The app offers the option of using the function of an automatic follow-up prescription request. This function is only available in the app as part of the paid booking of the "Plus" or the "Premium subscription".
Via the app, it is possible to use the function of a follow-up prescription request. This function is only available in the app as part of the paid booking of the "Basic subscription" or the "Premium subscription".
With the follow-up prescription request, you can conveniently and securely request a reorder for regularly required medication directly via the app. To do this, select the desired medication in the app and determine the doctor's office where the prescription request is to be made. After you confirm the request, an encrypted email will be sent to the selected doctor's office containing all the relevant information about your follow-up prescription request.
The doctor's office will then have the opportunity to review your request and either accept or reject it. As soon as the practice has issued the prescription, you will receive a corresponding notification in the app. Depending on the practice, the prescription can either be forwarded directly to your deposited pharmacy or made available for collection at the doctor's office.
Please note that the processing of the prescription request depends on the respective medical practice. The app only ensures the secure transmission of the request, but does not guarantee that the prescription will be issued. In the event that a prescription is not issued or the doctor's office requires additional information, it is your responsibility to contact the practice directly.
You can use the follow-up prescription request individually at any time by manually selecting the appropriate medication and the doctor's practice for each request.
2.6 Health Assistant
The app provides you with the use of a health assistant. This function is only available in the app as part of the paid booking of the "Plus" or the "Premium subscription".
The digital health assistant offers a symptom and disease check. The questionnaire is structured similar to a doctor's consultation. Users have the option to analyze your current symptoms and find out the suspected illness or use the symptoms to check a diagnosed disease. The digital health assistant only provides an initial assessment based on the complaints and symptoms you have communicated and an initial recommendation for action. The aim of the digital health assistant is to help users assess their symptoms and to support medical professionals. The symptom check allows you as a patient to better assess which disease it could be and which medical professionals you should see. You can also share the results of the symptom check with your treating medical professional to better prepare for the appointment. In the course of use, the user collects various information such as age, biological sex, body region of the complaints, symptoms or the already diagnosed disease in the case of the disease check.
In addition, the app offers guides and recommendations that provide you with personalized health information. Based on your stored data, you will receive targeted tips on prevention, health care and relevant medical topics.
The digital health assistant does not replace consultation, examination and treatment by a licensed doctor. In case of acute symptoms, you should consult a doctor as soon as possible.
2.7. Medication reminders & stock management
The app allows you to manage your medication plans as well as a reminder function for regular medication use. In addition, you can monitor the stock of your medication and be reminded in good time of reorders.
2.8. Doctor 's appointments & pain diary
Through the app, you can manage your doctor's appointments and get reminders of upcoming examinations or treatments. In addition, the app offers the option of keeping a pain diary. You can document symptoms and their intensity and receive a chronological overview of your disease progression. This data can be shared with your doctor if necessary to provide an informed basis for deciding on treatments.
2.9. Precautionary Cockpit & Vaccination Certificate
The app gives you access to a screening cockpit that bundles all examinations and vaccinations relevant to you in an overview. You can set reminders for upcoming screening appointments and vaccinations, and manage your digital vaccination certificate, which automatically reminds you of upcoming booster vaccinations.
2.10. German data security
You decide for yourself on the security option of your DoctorBox account. In the "Extreme Security Option", your health account is stored locally exclusively on your own device; should you lose your device and have not made a backup copy of your data, all data of your DoctorBox health account will be lost. In the "Balanced Security Option", your health account is secured and synchronized on our DoctorBox server ("Cloud"), which is certified according to BSI baseline protection and ISO 27001 and is located in Germany; if you lose your device and have not made a backup copy of your data, all data of your DoctorBox health account is backed up in our cloud.
It is not possible for doctors or other third parties to download your health account or individual or all health data from the cloud – unless you have selected the "Balanced security option" and granted your doctor access to selected or all of the data in your DoctorBox health account.
Your health account as well as individual or all health data can be deleted from your DoctorBox account by yourself at any time.
2.11. End-to-end encryption
Your DoctorBox health account is secured by default and mandatory for all users by "end-to-end encryption". This means that all data stored in your DoctorBox health account is encrypted. The only exceptions to this are DICOM archives uploaded by you (standard format for exchanging information in image data management), the emergency information linked to your emergency sticker (profile picture, name, date of birth, gender, blood type, emergency contacts, allergies, diseases or documents such as organ donor card and living will) and your account information (e-mail address, name, date of birth). The encryption is carried out by an up-to-date, asymmetric encryption method. This requires you to create a personal "key" in the app that encrypts documents and at the same time acts as an access code to the encrypted data. This allows only you or third parties expressly authorized by you (e.g. a doctor or hospital) to access the data in your DoctorBox health account. Access by such third parties requires that they also have their own DoctorBox account and a corresponding key in order to be able to decrypt the data. You can also allow a doctor or hospital to submit documents to your DoctorBox health account. For this purpose, the doctor or hospital does not require a separate DoctorBox account or key. Both during storage on your device or the DoctorBox server and during transmission to or from an authorized third party, the data remains encrypted and thus confidential. We will not be able to access these documents either.
2.12. Important information about our services and content
The services and content we provide are solely for personal health administration and organization. The app allows you to centrally store your health data, manage doctor's appointments, document medications, and set reminders for check-ups and vaccinations. In addition, you can use the digital health assistant's functions for the initial assessment of symptoms, as well as personalized guides and recommendations.
Please note that all information provided, including results from home tests, symptom checks, and screening recommendations, is for informational purposes only and is not a substitute for medical advice, diagnosis, or treatment by a physician or healthcare professional. In particular, the digital health assistant is based on an algorithm-based analysis and does not represent a binding medical diagnosis or therapy recommendation.
The use of the medication reminder and stock management functions is at your own risk. You are responsible for ensuring the accuracy of your medication information and for consulting a healthcare professional if you are unsure.
For access to health data via the emergency sticker, it is only activated with your express consent. You decide what information you want to share and are responsible for its visibility.
The content we provide, in particular guides and recommendations, is based on publicly available medical sources and scientific findings. They do not constitute individual health advice. We accept no liability for any errors, inaccuracies or missing information in the content provided.
If you need medical advice, diagnosis or treatment, please consult an appropriately qualified healthcare professional.
2.13. Access and sharing only by yourself
It is your health account, and it is your health data. You decide for yourself whether and to which doctor you make your health account or individual or all health data accessible. A release to a person who is not a doctor is currently not planned. You can revoke your approvals at any time. Sharing health data with third parties (doctors or hospitals) requires that they also have a DoctorBox account.
2.14. Important information about our Services and Content
You may use our Services and information, graphics, text, images, software, sounds, videos, communications, and other materials (including any metadata) that we make available through or in connection with our Services ("Content") to the extent and for as long as they are available. We cannot guarantee the availability of certain services and content, nor can we guarantee certain functionalities. Connection problems or other disruptions can occur again and again – among other things due to the technical structure of the Internet. You should always make sure that you carry vital documents and information with you in another form (e.g. as an allergy passport or emergency card). Certain services may be pre-release versions or may not work properly. We reserve the right to modify, remove, delete, restrict or make inaccessible all or any of the services and content. We also reserve the right to reduce storage capacity or to offer parts of our services for a fee in the future.
We have no obligation to provide support services for the use of our Services, your DoctorBox account, User Content, our Content, or the materials of other providers.
You acknowledge that software can never be programmed and delivered completely error-free according to the current state of the art.
You are responsible for making backup copies of all content and information that you store or collect in your DoctorBox account, regardless of the security option you choose. We cannot guarantee that any content or information you store will not be removed, damaged, impaired, lost, or rendered inaccessible. Similarly, information, content and software that you upload to one device may not be accessible through another device.
3. Third-party users
You can currently only upload and manage your own health data in your DoctorBox account.
4. Paid Accounts and Subscriptions
From the effective date of these Terms, paid subscriptions will be required and bookable for parts of our Services. The paid subscriptions are booked exclusively via our website under www.doctorbox.de.
We offer you three different subscriptions:
4.1. "Basic subscription":
The free subscription corresponds to the previous, free version of the app and includes all functions that were previously available free of charge with the exception of the emergency sticker, the pollen count widget and the health assistant. The following widgets are now available in the Basic subscription: Secure data storage (end-to-end encrypted), medication reminder and stock management, Medical ID, doctor's appointments and pain diary, content and recommendations, document exchange with service providers, preventive care cockpit with all examinations and vaccinations.
The free subscription is automatically activated with the creation and setup of the DoctorBox account and is available throughout Europe.
4.2. "Plus Subscription":
The "Plus Subscription" includes all paid functions of the Premium Package with the exception of the annual, free precautionary test.
The "Plus Subscription" can be booked throughout Europe.
The "Plus subscription" is available either for a full year as a one-off payment of EUR 9.99 (including the VAT applicable in Germany) or monthly against payment of EUR 0.99 (including the VAT applicable in Germany). The total price for the minimum contract period of 12 months is EUR 11.88 in the case of monthly payment and EUR 9.99 (equivalent to EUR 0.83 per month) in the case of annual advance payment, in each case including the VAT applicable in Germany.
The "Plus subscription" is concluded for a minimum contract period of 12 months at the time of conclusion. After the minimum contract period has expired, the "Basic Subscription" is automatically extended for an indefinite period of time, unless it is terminated in text form (e.g. by e-mail) before the end of the minimum contract period with a notice period of one month to the end of the minimum contract period.
After the expiry of the minimum contract period of the "Plus subscription", the user can cancel this subscription at any time with a notice period of one month in writing.
The right to terminate for good cause remains unaffected.
4.3. "Premium Subscription": The "Premium Subscription" includes the following paid features of our Services:
o Emergency stickers,
o automatic follow-up prescription request,
o Pollen Count Widget,
o Health Assistant
In addition, users who have successfully booked the "Premium Subscription" (but not users of the "Plus Subscription") will receive a free annual screening test (e.g. colorectal cancer or diabetes tests) at their option. In the future, additional tests may be offered. You can choose the free precautionary test freely when booking the subscription.
The premium subscription can only be booked for users with residence and delivery address in Germany.
The "Premium Subscription" is available either for a full year as a one-off payment of EUR 35.28 per year (including VAT applicable in Germany) or monthly for payment of EUR 2.99 (including VAT applicable in Germany). The total price for the minimum contract term of 12 months is EUR 35.88 in the case of monthly payment and EUR 35.28 (equivalent to EUR 2.94 per month) in the case of annual advance payment, in each case including the VAT applicable in Germany.
The "Premium Subscription" is taken out for a minimum contract period of 12 months upon conclusion. After the minimum contract period has expired, the "Premium Subscription" is automatically extended for an indefinite period of time, unless it is terminated in text form before the end of the minimum contract period with a notice period of one month to the end of the minimum contract period.
After the expiry of the minimum contract period of the "Premium Subscription", the User can cancel this subscription at any time with a notice period of one month in text form (e.g. by e-mail).
The right to terminate for good cause remains unaffected.
4.3. Price information
The prices stated on the website www.doctorbox.de are the total prices including the statutory VAT applicable to Germany.
5. Conclusion of the paid subscriptions and provision of the DoctorBox app and services
5.1. Conclusion of Contract
The conclusion of the contract for the booking of the "Basic subscription" and the "Premium subscription" is only possible via our website, www.doctorbox.de. To book a subscription, the user can navigate to the "Become a member of DoctorBox" page, where they must enter their first and last name, address (street, house number, postal code, city), email address and payment information, as well as select the desired subscription and, in the case of the "Premium subscription", the desired preventive test. The user also has the choice of whether he wants to use the annual or monthly payment method offered by us for the subscription he or she wants.
The subscription www.doctorbox.de displayed on our website already represents our binding offer to conclude the contract. The User accepts our offer to conclude the subscription contract chosen by him for the use of the Paid Services via the App by clicking on the "Order with obligation to pay" button. The contract between you and us is concluded immediately when you press the button "order with obligation to pay".
Before accepting the offer to conclude the contract, the user can correct any input errors in the overview presented on the website by changing the information and change the data entered and the selected subscription at any time. The acceptance of the contractual offer to conclude a subscription contract can only be made if the user previously agrees to the validity of these terms and conditions and confirms that he or she has taken note of our privacy policy.
Furthermore, the conclusion of the contract is only possible if the user expressly agrees before clicking the "order with obligation to pay" button that we will start fulfilling the contract before the expiry of the revocation period and the user confirms his knowledge that his right of revocation expires with the beginning of the fulfilment of the contract. We will send the user a confirmation of this consent and declaration on a durable medium (e.g. by e-mail).
Immediately after booking the subscription, we will send the user an automatic confirmation of receipt by e-mail, in which the booking of the subscription is listed again and which the user can print out via the "Print" function. This acknowledgement of receipt is also to be seen as confirmation of the User's order. In this e-mail, we will also send the user the text of the contract (consisting of his booking, these conditions and the confirmation of receipt and order) on a durable data carrier (e-mail).
The text of the contract will be stored by us in compliance with data protection and can be requested by you again.
The contract is concluded in German.
5.2. Provision of the DoctorBox App and Services
The App will be made available to Users as part of the free subscription with the available free services and features immediately after completion of the download and successful registration of a DocotorBox account.
The services and functions that are only available after the successful booking of a paid subscription ("Basic Subscription" or "Premium Subscription") will only be made available to the User immediately after the successful conclusion of the Agreement and the payment of the Subscription Fees.
6. Payment methods and means of payment
6.1. Payment methods
In the case of a one-time payment, the subscription fees are due for payment immediately upon booking the respective subscription.
In the case of monthly payment, the monthly subscription fees are due on the 1st working day of each month. The first installment of the monthly subscription fees is due on the day of booking.
If the User does not book the paid subscription on the first day of the month, the subscription fees for the month or part thereof will only be calculated on a pro rata basis and will be due in accordance with the above provision.
If the due date of payment is determined according to the calendar, the user is already in default by missing the deadline. In this case, he must pay us default interest for the year in the amount of 5 percentage points above the base interest rate.
The User's obligation to pay default interest does not preclude the assertion of further damages for delay.
6.2 Means of payment
We accept payment by credit card and via the payment service provider PayPal as part of the booking of the paid subscriptions. The use of these means of payment or this payment service provider is subject to the terms and conditions agreed between you and your credit card provider or PayPal.
7. Your Behavior
You are responsible for complying with all applicable laws when using our Services. You may not misuse our Services. If we suspect that these terms and conditions have been violated, we reserve the right to take legal action, involve the relevant authorities and initiate appropriate proceedings against the infringers. To the extent permitted by applicable law, we also reserve the right to use software, control systems or other solutions to detect activities that violate these Terms.
8. User Content
8.1. User Content
As a user, you may enter or post materials, including but not limited to health data, on our Services. The term "User Content" includes all information, graphics, text, images, software, sounds, videos, communications, and other materials (including any metadata) that you submit to the Services. The User Content is solely the responsibility of the person from whose DoctorBox account it originates. We do not control, edit, or otherwise review or influence the User Content.
8.2. License to Use User Content Your
User Content remains your property. You grant us and our subcontractors a limited, personal, transferable, non-exclusive license to use your Content solely for the purpose of providing our Services to the extent necessary to do so. Furthermore, we are entitled to evaluate and use the content provided by you in anonymized or aggregated form to improve our services.
9. Term, Termination and Blocking
9.1. If you use the App with the free subscription, you can terminate your contract with us at any time by deleting your DoctorBox account in the App and uninstalling the App.
9.2. If you have booked a paid subscription, the available subscriptions have a minimum contract period of 12 months. After the expiry of the minimum contract period, the term is automatically extended for an indefinite period of time if the contract is not previously terminated in text form (e.g. by e-mail) with a notice period of one month to the end of the minimum contract period. If the term is extended indefinitely after the expiry of the minimum contract period, you can cancel the respective fee-based subscription with a notice period of one month in text form (e.g. by e-mail).
9.3. The right to extraordinary termination remains unaffected.
9.4. We reserve the right to terminate the contract concluded with you after the expiry of the minimum contract period with one month's notice without giving reasons.
9.5. If, in accordance with these Terms, we make a material change to the Terms or our Services and you do not agree to such change, you have the right to terminate the Agreement in writing without giving notice of the effective date of the changes.
9.6. If you object to or fail to agree to any change to these Terms or our Services announced by us in accordance with these Terms, we have the right to terminate the contract we have with you without notice in text form until the notified date of the change taking effect.
9.7. In addition, every user, regardless of the subscription booked, has the option of terminating the contract with us in an orderly and extraordinary manner via the cancellation button provided on our website or in the app. The cancellation button is labeled with the words "Cancel contract here". The cancellation button will take you directly to a confirmation page that will ask you to provide information
· on the type of termination and, in the case of extraordinary termination, on the reason for termination
· to uniquely identify you
· to clearly designate the contract
· at the time at which the termination is intended to terminate the contractual relationship
· for the quick electronic transmission of the confirmation of termination to you.
The confirmation page contains a button with the inscription "cancel now", by clicking on which you can send us your notice of termination.
9.8. If a paid subscription is cancelled before the end of the Minimum Contract Term, subscription fees already paid in advance will be refunded on a pro rata basis for the remaining unused period.
9.9. We further reserve the right to block your access to and use of the App and our Services:
· We will only do so if we have factual evidence that your use of the App or our Services violates these Terms or applicable legal regulations (in particular third-party rights, such as data protection rights or intellectual property rights (e.g. copyright or trademark rights)).
· We may also block your access to the App and the use of our Services if we have factual indications that you have transferred your DoctorBox account to a third party or allow an unauthorized third party that does not have a user agreement with us to use your DoctorBox account without our consent.
· We may also suspend your access to the App and use of our Services if you fail to meet your payment obligations.
9.10. The termination or suspension of your DoctorBox account does not affect your obligation to fulfill all payment obligations incurred up to the time of termination.
9.11. Upon termination of your DoctorBox account, your access will be immediately and permanently terminated, and we will delete all health data, information, folders, communications, preferences and content (including our content, user content and materials from other providers) stored on our servers in connection with your DoctorBox account – in accordance with data protection regulations.
10. Withdrawal
You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (XXX) of your decision to withdraw from this contract by means of an unequivocal statement (e.g. a letter sent by post or an e-mail). You can use the attached model withdrawal form for this, but it is not mandatory. In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of revocation
If you withdraw from this contract, we shall reimburse you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless otherwise expressly agreed with you; in no case will you be charged any fees for this repayment. If you have requested that the services should start during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.
We would like to point out that your right of withdrawal expires prematurely if, in the case of the free subscription, we have started to fulfil the contract before the expiry of the above-mentioned period.
In the case of a "Basic Subscription" or "Premium Subscription", your right of withdrawal expires prematurely if, in the case of a free subscription, we have started to perform the contract and you have expressly agreed to the performance of the contract before the expiry of the cancellation period, you have confirmed your knowledge that you will lose your right of withdrawal and we have provided you with a corresponding confirmation on a durable data carrier.
Sample withdrawal form
(If you wish to withdraw from the contract, please fill out this form and return it.)
· To DoctorBox GmbH, Lietzenburger Strasse 107, 10707 Berlin, info@doctorbox.de
· I/we (*) hereby withdraw from the contract entered into by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
· Ordered on (*)/received on (*)
· Name of consumer(s)
· Address of the consumer(s)
· Signature of the consumer(s) (only if notified on paper)
· Date
(*) Delete what is inappropriate.
11. Warranty and guarantee
11.1. Statutory warranty rights
We are liable for defects in the App and the services associated with the App in accordance with the applicable statutory provisions, in particular §§ 327-327s BGB.
11.2. Updates to the App
We update our App periodically and will provide the User with the updates (including security updates) necessary to maintain the conformity of the App for the duration of the Term. It is intended to provide regular updates of the app on a quarterly basis. We can do this by automatically checking the version of your app and automatically sending updates to your device. These updates may include bug fixes, feature enhancements, enhancements, and new versions of the app.
If you fail to install an update provided by us, the availability of which we have informed you, within a period of two weeks, we will not be liable for a defect in the app that is solely due to the failure to install the update.
11.3. Warranty
There is no additional warranty.
12. Limitation of Liability
12.1. Claims of the user for damages are excluded. Excluded from this are claims for damages by the customer from injury to life, limb, health or from the violation of essential contractual obligations (so-called cardinal obligations) as well as liability for other damages based on an intentional or grossly negligent breach of duty by us, our legal representatives or our vicarious agents.
12.2. Essential contractual obligations (so-called cardinal obligations) are those obligations whose fulfilment is necessary to achieve the objective of the contract, the compliance with which the User may rely on and the non-compliance with which would jeopardise the achievement of the objective of the contract.
12.3. In the event of a breach of a material contractual obligation (so-called cardinal obligations), however, we shall only be liable for the foreseeable damage typical of the contract if it was caused by simple negligence, unless it concerns claims for damages by the user due to injury to life, limb or health.
12.4. The above limitations of liability shall also apply to the benefit of our legal representatives and vicarious agents if claims are asserted against them.
12.5. The above limitations of liability shall also not apply if we have fraudulently concealed a defect or have assumed a guarantee for the quality of the App or the services offered, or if we have entered into an agreement with you regarding the quality of the App.
12.6. The provisions of the Product Liability Act remain unaffected.
13. Exemption from liability
You indemnify us against all claims by third parties arising from: 13.1. the User Content that you have entered, distributed, transmitted or otherwise made available in your DoctorBox account; 13.2. your use of our services and activities in your DoctorBox account; 13.3. any breach by you of these Terms; or 13.4. the violation of third-party rights or other violations of the law on your part.
14. Use of the App
Use of the App is subject to these Terms. We grant you a personal, non-exclusive, non-transferable right to use the App in accordance with these Terms and applicable legal requirements, limited in time to the duration of the User Agreement. The right of use to the app is granted by license agreement, not by sale. Unless otherwise notified, your right to use will terminate when you delete your DoctorBox account or, in relation to a paid subscription and related services and features, when you or we cancel a paid subscription used in connection with the App. In this case, you will have to uninstall the app or we will deactivate it. You may not circumvent any technical limitations of the App or decompile, disassemble or reverse engineer the App, except as expressly permitted by applicable law.
You agree to respect the intellectual property of us and third parties. If you believe that content made available through our services infringes the rights of third parties, please inform us immediately by e-mail to: recht@doctorbox.de.
15. Feedback
We do not explicitly expect you to provide us with feedback, comments, recommendations or suggestions for improvement ("Feedback"), but we appreciate them. If you provide feedback, you grant us the right to use, reproduce, distribute, resell and exploit such feedback without restriction, even if you mark it as confidential. This does not create any obligations (including, but not limited to, payment obligations) on our part with respect to intellectual property or other rights.
16. Data protection notice
Our privacy policy applies to the handling of your personal data. If you use materials from other providers in connection with your DoctorBox account, please note that we are not responsible for how these providers process, store or use your data. Please check the respective privacy policies of the third-party providers.
17. General
17.1. Severability
If any provision of these Terms is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall remain in full force and effect. Headings are only for clarity and have no legal meaning.
17.2. Assignment
We may transfer all or part of our rights and obligations arising from this contractual relationship to third parties at any time without notifying you. You may not assign or transfer any of your rights or obligations under this Agreement to any third party unless it is a monetary claim or we do not have an interest worthy of protection in the exclusion of the assignment or your interest in the assignment outweighs our interest in excluding the assignment.
17.3. Waiver
If we waive any claim on your part, this does not mean that we will waive any further claims in the future. Waivers must be in writing and signed by an authorized representative.
17.4. Entire Agreement
These Terms (including any terms contained herein) constitute the entire agreement between you and us with respect to your DoctorBox Account and our Services. Neither you nor we are entitled to assert claims that go beyond the rights expressly regulated in these Terms – without prejudice to mandatory statutory provisions.
17.5. Dispute resolution
Among https://ec.europa.eu/consumers/odr/, the EU Commission offers an online platform for resolving disputes in connection with online contracts. We are not obliged to participate in an alternative dispute resolution procedure within the meaning of the Consumer Dispute Resolution Act.
17.6. Choice of Law
The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention (CISG). If the user has his habitual residence in another country, this choice of law does not affect the applicability of the mandatory consumer protection legal provisions of that country.
17.7. Place of jurisdiction
For all disputes in connection with these Terms (both contractual and non-contractual), the place of jurisdiction is Berlin, Germany.