Last updated: 29/04/2024
THE USE OF THE DocToRead APP IS SUBJECT TO THE FOLLOWING GENERAL TERMS OF USE. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE DocToRead APP.
These Terms of Use govern your access to and use of the mobile application “DocToRead APP” and all related services (collectively, the “Services”) offered by DocToRead GmbH (“us”, “we” or “DocToRead”). These Terms of Use also govern your access to all information on the Services (the “Content”).
A. GENERAL
DocToRead provides an app that allows users to upload data from their medical reports to the app. In the app, the medical report data is translated in live time into a language that is generally understandable for the user. The app processes the medical report data and simplifies the medical language entered into a generally understandable language so that the user understands the content of the medical report. DocToRead expressly does not provide any medical services itself, does not make any diagnoses and does not make any treatment suggestions. The app merely provides a summary in understandable language based on the medical findings data. DocToRead therefore does not require any personal data to provide the service. Before providing your findings data in the app, please black out all personal data that allows conclusions to be drawn about you or your doctor or the issuing institution. This includes, for example, data such as your name, the name and address and other data of your doctor or the institution that issued the report, as well as your other personal data such as date of birth, postal address, telephone number, etc., if applicable. Make sure that only the medical content of the report is actually uploaded to the app. If you upload your findings using a photo, take a photo of the findings without the letterhead and signature, for example. If you scan the findings as a file, you can do this in the same way or black out the pdf afterwards in places where your personal data or that of your doctor is shown.
B. CONTRACT OF USE
These Terms of Use are a legal agreement between you and DocToRead GmbH. By using the Services, including installing and/or downloading the DocToRead App, (a) you agree to be bound by these Terms of Use, (b) you represent and warrant that you have the right, authority and capacity to enter into these Terms of Use, and (c) you own or control the mobile device you use to access the Services. These Terms of Use also apply to any app updates, supplements and services provided by DocToRead GmbH that are not provided under a separate licence or other agreement with us. If you do not agree to these Terms of Use, you may not install or use the DocToRead App. We may change these Terms of Use from time to time and will notify you of any updates to the Terms of Use that materially affect your use of the Services or your rights and obligations. Such notification may take the form of an in-app notification or a notice on the Website. Your continued use of the Services following the posting of changes to these Terms of Use means that you accept those changes. If you do not agree with any change, you must stop using the DocToRead APP. If you have any questions or concerns regarding these Terms of Use, please contact Support at info@DocToRead.com. Do not use the Services until your questions and concerns have been answered to your satisfaction and you agree to these Terms of Use.
Notice to Consumers: Depending on the laws of the country in which you live, you may have certain rights that apply in addition to these Terms of Use, and certain provisions of these Terms of Use may not be enforceable against you. To the extent that any provision of these Terms of Use is unenforceable against you, the remainder of these Terms of Use shall continue in full force and effect. These Terms of Use also include any additional payment terms and other requirements set forth on the download page from which you download the DocToRead APP.
C. AGE REQUIREMENT
You must be 18 years of age (or older) to install or use the App.
D. GRANT OF THE LICENCE
Subject to your compliance with these Terms of Use, DocToRead GmbH grants you a limited, non-exclusive, revocable, non-sublicensable and non-transferable licence to access, download and/or install the latest generally available version of the DocToRead APP Software provided to you as part of the Services, solely for your lawful, personal and non-commercial use.
E. DESCRIPTION OF OTHER RIGHTS AND RESTRICTIONS
Restricted use
You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes) or in any way transfer or grant rights in the Services or use the Services for the benefit of any third party. Unless expressly authorised by DocToRead GmbH, you are prohibited from making the DocToRead App available over a network where it could be downloaded or used by multiple users. You agree that you will not use any robot, spider, other automatic or manual device or process to interfere or attempt to interfere with the proper working of the DocToRead App unless you remove our DocToRead App from a mobile device that you own or control. You may not violate or attempt to violate the security of our DocToRead APP. You may not modify, reverse engineer, decompile, disassemble or otherwise tamper with the DocToRead APP or attempt to do so for any reason or by any means. You may not access, create or in any way modify the source code of the DocToRead APP. You do not have the right and may not create derivative works of the DocToRead APP or any part thereof. Any modifications or enhancements to the Services shall remain the sole property of DocToRead GmbH.
Updates
We reserve the right to add or remove features or functionality to the existing DocToRead APP. If the DocToRead APP is installed on your mobile device, you will communicate with our servers at regular intervals. We may request that you update the DocToRead APP on your mobile device when we release a new version of the DocToRead APP or when we make new features available. This update may occur automatically or upon prior notice to you and may occur all at once or in multiple sessions. You understand that we may require you to review and accept our then-current Terms of Use before you may use updated versions of the DocToRead APP. You acknowledge and agree that our obligation to support prior versions of the DocToRead APP may end with the availability of updates, supplements or subsequent versions. You acknowledge and agree that we are under no obligation to provide you with any updates, supplements or updated versions of the DocToRead APP.
Access
You must provide, at your own expense, the equipment, internet connections, devices and service plans to access and use the DocToRead APP. If you access the DocToRead APP through a mobile network, the messaging, data and other rates and charges of your network or roaming provider may apply. You are solely responsible for all charges incurred by you in accessing the DocToRead APP through your device. Downloading, installing or using the DocToRead APP may be prohibited or restricted by your network operator and/or the DocToRead APP may not work with your network operator or device. DocToRead GmbH gives no assurance that the DocToRead APP can be used on all devices or mobile phone plans. DocToRead GmbH makes no representation that the DocToRead APP is available in all languages or that the DocToRead APP is appropriate or available for use in any particular location.
F. CONTENT ON THE SERVICES
User Content
We may access, preserve or disclose your information or content if we are required to do so by law or in the good faith belief that such action is reasonably necessary to (i) respond to claims asserted against us or comply with legal process (e.g., subpoenas or warrants), including those issued by courts having jurisdiction over us or you; (ii) enforce or administer our agreements with users, such as these Terms; (iii) for fraud prevention, risk assessment, investigation, customer service, provision of DocToRead APP Services or technical support; (iv) to protect the rights, property or safety of DocToRead APP users; and (v) to protect DocToRead APP Services. (iii) for fraud prevention, risk assessment, investigation, customer support, provision of the DocToRead APP Services or technical support; (iv) to protect the rights, property or safety of DocToRead GmbH, its users or members of the public; or (v) to report a crime or other objectionable behaviour.
G. SECURITY
The DocToRead APP, like other consumer technologies, may not be 100% secure. By accepting these Terms of Use, you acknowledge and accept that the DocToRead APP may be subject to unauthorised access, interception, corruption, damage or misuse and cannot be considered 100% secure. You assume all responsibility for such security risks and any resulting damages. In addition, you are solely responsible for protecting any device used to access the DocToRead APP from unauthorised access, e.g. by using complex password protection and enabling device encryption if available through your device’s settings. You agree that DocToRead GmbH is not liable for any unauthorised access to your account or devices.
H. REGISTRATION/PASSWORDS
Registration
Please note that the DocToRead APP requires registration and the creation of an account in order to download the DocToRead APP or to access additional features or functions (“Registration”).
PIN
You are the sole and exclusive custodian of the PIN chosen by you. You are solely responsible for maintaining the confidentiality and security of your PIN. You are fully responsible for all transactions carried out via an account opened, managed, accessed or used using your PIN. You must notify us immediately and confirm in writing any unauthorised use of accounts or any breach of security, including without limitation any loss, theft or unauthorised use of your PIN or any associated account. If we reasonably suspect that the security of your PIN has been compromised, we may suspend or terminate your account, refuse any current or future use of the Services and seek all appropriate remedies. We are not responsible for any losses incurred in connection with the misuse of a PIN.
Information provided
If you provide information in connection with a registration, you must provide and maintain accurate, complete and current information. If we reasonably suspect that your information is inaccurate, not current or incomplete, we may suspend or terminate your use of the DocToRead APP and take any appropriate legal action. You agree that we have the right to use the information you provide for the purposes described in these Terms of Use and to promote your use of the DocToRead APP in accordance with the Privacy Policy.
I. UNINSTALLING/REMOVING AN APP
The uninstallation and removal methods depend on your device. To uninstall and remove the DocToRead APP, please use the application manager supplied with your device or refer to your device manual.
J. CONSENT TO THE USE OF USER REVIEWS
In addition, if you choose to submit App Store reviews or ratings through social media channels or other similar communication or messaging features or services, this information may be made publicly available, including the publicly available username that appears in the review. If you would prefer that we not use your app reviews for advertising purposes, you can contact us at the support email info@DocToRead.com below (please include your name and email address). For security reasons, you should not provide any confidential information via these functions. We have the right, but not the obligation, to remove any content that we deem inappropriate.
K. INTELLECTUAL PROPERTY
The DocToRead APP, including all content, designs, text, images, photographs, illustrations, audio clips, video clips, graphics, code, content, logs, software and documentation provided to you by DocToRead GmbH are the property of DocToRead GmbH or the property of DocToRead GmbH’s licensors and are protected by German and European international copyright, trademark, patent and other proprietary rights and laws relating to intellectual property rights. “Intellectual Property Rights” means, collectively, rights under patent, trademark, copyright and trade secret laws and all other intellectual property or proprietary rights recognised in any country or jurisdiction worldwide, including, without limitation, moral or similar rights. You may not delete, alter or remove any copyright, trademark or other proprietary rights notices placed by us or third party partners on or in the Services. All rights not expressly granted herein are expressly reserved by DocToRead GmbH and its licensors. DocToRead GmbH and all names, logos and affiliated properties are the exclusive property of DocToRead GmbH. All other trademarks appearing in the Services, including any App, are trademarks of their respective owners, and use of such trademarks shall inure to the benefit of the owner of the trademark. Our partners or service providers may also have additional ownership rights in the content they make available through a Service. The trade names, trademarks and service marks owned by us, whether registered or unregistered, may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion. Nothing contained herein shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any of our trade names, trademarks or service marks without our express prior written permission.
L. COPYRIGHT
Copyright/Submissions
You are solely responsible for all content that you contribute, submit, display or for any adaptation of any work made on or through your use of the DocToRead APP. You are responsible for ensuring that such content, including photos, text, does not infringe any copyright or other intellectual property rights. You must either be the owner of the content or have a licence to use this content. DocToRead GmbH respects and expects its users to respect the rights of copyright owners. DocToRead GmbH will act appropriately upon notification to remove content that infringes the copyrights of others. DocToRead GmbH reserves the right to deny access to the access to the App or other services to anyone who uses them to repeatedly infringe the intellectual property rights of others. If you believe that an App or elements thereof infringe your copyrights, please contact DocToRead GmbH at:
DocToRead GmbH
Gewerbepark Grünewald 9
58540 Meinerzhagen
E-Mail: info@DocToRead.com
Please ensure that your notification includes the following:
M. TERMINATION
Your rights under these Terms of Use will terminate immediately and automatically without notice from DocToRead GmbH if you fail to comply with any term of these Terms of Use. You understand that DocToRead GmbH may, in its sole discretion, modify, terminate or suspend your right to access the DocToRead APP at any time.
In addition, DocToRead GmbH may suspend or terminate the licence contained herein and deactivate the DocToRead APP or components of the DocToRead APP at any time with or without cause. You agree that DocToRead GmbH shall not be liable to you or any third party for any termination or deactivation of the Services. Immediately upon expiration or termination of these Terms of Use, you must cease all use of the Services and destroy all copies of the Services, including all DocToRead APPs in your possession or control. Termination will not limit any other rights or remedies of DocToRead GmbH at law or in equity. Sections H – Q and any supplemental terms of use of these Terms of Use shall survive the termination or expiration of these Terms of Use for any reason.
N. DISCLAIMER OF LIABILITY
To the extent permitted by law, the DocToRead APP is provided “as is”. Use is at your own risk. DocToRead GmbH does not warrant that the DocToRead APP will meet your requirements, that the DocToRead APP will be uninterrupted, timely, secure or error-free, or that the results that may be obtained from the use of the DocToRead GmbH DocToRead APP will be accurate or reliable. DocToRead GmbH assumes no liability or responsibility for property damage of any kind resulting from access to or use of the DocToRead APP or from unauthorised access to or use of DocToRead GmbH’s servers. Furthermore, DocToRead GmbH accepts no liability for stored personal or financial information, for any interruption or termination of transmission to or from DocToRead GmbH’s servers; bugs, viruses, Trojan horses or the like transmitted to or through the DocToRead APP by third parties; or any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the DocToRead APP.
O. COMPENSATION
You agree to indemnify, defend and hold DocToRead GmbH employees harmless from any third party claims, liabilities, damages and/or costs arising out of your use of the DocToRead APP, your violation of these Terms of Use or your infringement or violation of any intellectual property or other rights of any person. You agree to notify DocToRead GmbH immediately of any unauthorised use of your account or any other breach of the security of your use of the DocToRead APP of which you are aware.
P. EXPORT CONTROLS
The Services and the underlying information and technology are subject to German and international laws, restrictions and regulations that may govern the import, export, download and use of the App. You agree to comply with these laws, restrictions and regulations when you download or use the Apps.
Q. USABILITY IN COURT
DocToRead GmbH does not represent or warrant that the DocToRead APP or any portion thereof is appropriate or available for use in any particular jurisdiction. We may limit the availability of the Apps, in whole or in part, to any person, geographic area or jurisdiction of our choosing, at any time and in our sole discretion.
R. DISPUTE RESOLUTION AND OTHER MISCELLANEOUS TERMS
You agree to use your best endeavours to resolve any dispute, claim, question or disagreement directly with DocToRead GmbH’s customer support by contacting the customer support email provided in these Terms of Use before initiating any legal proceedings or arbitration. All disputes or claims arising out of or in connection with these Terms of Use, including disputes relating to their validity, breach, termination or invalidity, shall be decided by a German court. The jurisdiction is Meinerzhagen. All matters arising out of these Terms of Use and the use (or inability to use) the DocToRead APP shall be governed by German law, excluding its conflict of law provisions.
S. CANCELLATION
If you are a consumer resident in the European Economic Area (EEA), you are entitled under EEA consumer law to cancel this contract as described in the model cancellation policy below.
Right of cancellation
You have the right to cancel this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you must inform us of your decision to cancel this contract by means of a clear statement (e.g. a letter sent by post or email). This is possible by e-mail to info@DocToRead.com or by post to DocToRead GmbH, Gewerbepark, Grünewald 9, 58540 Meinerzhagen. You can use the attached sample cancellation form, but this is not mandatory. You can fill in and send the sample cancellation form or another clear declaration electronically. If you make use of this option, we will immediately send you a confirmation of receipt of such a cancellation (e.g. by e-mail). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period expires.
Sample cancellation form
(If you wish to cancel the contract, please complete and return this form)
To DocToRead GmbH, Gewerbepark, Grünewald 9, 58540 Meinerzhagen, info@DocToRead.com:
