General Terms of Use

§ 1 Scope

(1) These General Terms of Use (hereinafter: GTU) apply to your use of the platform operated by us, Dermatest GmbH, Nevinghoff 30, 48147 Münster, at www.dermatest.com. Users are exclusively customers of Dermatest who are entrepreneurs within the meaning of § 14 of the German Civil Code (BGB), legal entities under public law, or special funds under public law; the platform is not available for use by consumers, and accordingly these Terms of Use do not apply to them.

(2) We do not accept deviating conditions of the user. This also applies if we do not expressly object to their incorporation.

§ 2 Subject matter of the contract, conclusion of the usage contract

(1) On the Dermatest Portal, we provide a platform through which users can, among other things, enter into service or other contracts with us. We therefore provide the platform and also conclude contracts with users; for these contracts, exclusively the "General Online Terms and Conditions of Dermatest GmbH (GTC)" apply, see § 3 of these GTU.

On the Dermatest Portal, users can, among other things, view our current quotations, study results, products, and invoices.

(2) Use pursuant to (1) requires that the user registers on the Dermatest Portal; successful registration leads to the conclusion of a usage contract between us and the user.

The technical process for conclusion of the contract is as follows: By clicking the "Register" button, the user submits a legally binding declaration to conclude a contract regarding use of the portal. A corresponding usage contract is only formed when we accept the "registration" through a declaration of acceptance and/or by enabling access to the portal. As a rule, the user receives a link to an enabled login form, enters their name and company name, among other details, there. By clicking the "Save and continue" button, the user enters the portal and can use it.

(3) Further information on the subject matter of the contract and the Dermatest Portal is provided in the "Dermatest Portal FAQs".

§ 3 Contracts

On the Dermatest Portal, the user can enter into contracts with us. For these contracts, exclusively the "General Online Terms and Conditions of Dermatest GmbH (GTC)" apply, and not these GTU.

§ 4 Costs

Use of the Dermatest Portal is free of charge for users, but only possible after activation pursuant to § 2.

§ 5 Availability of the platform

We make the platform available with an average monthly availability of 98%.

§ 6 Liability

(1) We shall be liable to you in all cases of contractual and non-contractual liability in cases of intent and gross negligence for damages or reimbursement of futile expenses in accordance with the statutory provisions.

(2) In other cases, we shall be liable – unless otherwise regulated in paragraph 3 – only for breach of a contractual obligation whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you as a user may regularly rely (so-called cardinal obligation), and only limited to compensation for foreseeable and typical damage. In all other cases, our liability is excluded, subject to the provision in paragraph 3.

(3) Our liability for damages resulting from injury to life, body, or health and under the Product Liability Act remains unaffected by the foregoing limitations and exclusions of liability.

§ 7 Usage rights

We hold copyrights in all images, films, and texts published on the Dermatest Portal. Use of the images, films, and texts is not permitted without our express consent.

§ 8 User obligations, legal consequences

(1) The user must protect and safeguard the access credentials provided to them against access by third parties in accordance with the state of the art. The user shall ensure that use occurs only within the contractually agreed scope. Any unauthorized access must be reported to us without delay.

(2) We are entitled to temporarily suspend the user's access to the Dermatest Portal in whole or in part if there are concrete indications that a) the user uses the Dermatest Portal in breach of contract or in a manner that jeopardizes the security or stability of the platform, b) the user infringes intellectual property rights, statutory requirements (in particular data protection, medical device law, copyright), or the rights of third parties, or c) third parties assert claims against us due to a legal infringement for which the user is responsible in connection with use of the Dermatest Portal.

When selecting and designing suspension measures, we take the legitimate interests of the user into account and choose the mildest measure suitable for averting the risk in each case. We will inform the user about a suspension and its reasons without delay and lift the suspension as soon as the prerequisites for the suspension no longer apply.

§ 9 Term, termination

(1) The usage contract between us and the user for the Dermatest Portal platform is concluded for an indefinite period.

(2) The user may terminate the usage contract at any time by giving notice in text form (in particular by email to hub@dermatest.com).

(3) We may terminate the usage contract with four weeks' notice to the end of a month. This also requires notice in text form from us to the user.

(4) The right to extraordinary termination remains unaffected for both us and the users.

§ 10 Digital Services Act (DSA)

(1) Content posted by users via the portal must not violate statutory provisions and the rights of third parties, these Terms of Use, or other general terms and conditions; reference is made to § 8 in this respect. We are not subject to an independent proactive monitoring obligation; if we become aware of any legal violations, we are entitled to the rights under § 8 (3).

(2) Both users and third parties may report presentations, offers, and content via hub@dermatest.com. This reporting option also applies to authorities.

(3) Review of legality is carried out through human interaction. We apply and enforce the restrictions mentioned in paragraph 1 carefully, objectively, and proportionately, taking into account the rights and legitimate interests of all parties involved as well as the fundamental rights of users enshrined in the Charter, such as the right to freedom of expression, media freedom and pluralism, and other fundamental rights and freedoms.

(4) If we take measures pursuant to paragraph 1 in conjunction with § 8 paragraph 3 of these terms and conditions with regard to posted content, the affected users have the opportunity to clarify this electronically and free of charge within our internal complaint management procedure.

§ 11 General information obligations

(1) We store the contract text. The Terms of Use can also be accessed at any time at https://hub.dermatest.com/terms-of-use.

(2) The language available for conclusion of the contract is German.

(3) We are not subject to any code of conduct.

§ 12 Written form, applicable law, place of jurisdiction, dispute resolution

(1) Amendments and supplements to the contract require the written form to be effective. The written form requirement can only be waived in writing. Transmission in text form, in particular by fax or email, is also sufficient to satisfy the written form requirement.

(2) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.

(3) If you are a merchant and have your registered office in Germany at the time of conclusion of the contract, the exclusive place of jurisdiction is our registered office in Münster, Germany. However, we are in all cases also entitled to bring an action at the general place of jurisdiction of the customer. Mandatory statutory provisions, in particular regarding exclusive jurisdictions, remain unaffected.