These TEGUS MEDICAL Terms and Conditions of Use (these “Terms and Conditions“) set forth the terms and conditions for the use of any and all products and services (collectively, the “Services”) provided by TEGUS MEDICAL GmbH (“TEGUS MEDICAL“) to users of the Services (the “User“ or “Users“, depending on the context).

The following words and terms shall have the meanings set forth below when they are used in these Terms and Conditions.

1. “Contents” means information such as text, sounds, images, videos, and other information
   

2. “Subject Contents” means Contents that may be accessed through the Services (such as live streams)
   

3. “Submitted Contents” means Contents that Users have submitted, transmitted, or uploaded on or to the Services
   

4. “Third Party” means all persons, groups of persons, or entities who are not registered Users of the Services provided by TEGUS MEDICAL
   

5. “Separate Terms and Conditions” means terms and conditions separate from these Terms and Conditions that pertain to the Services released or uploaded by TEGUS MEDICAL under names such as “terms,” “guidelines”, “policies,” or the like
   

1. All Users shall use the Services in accordance with these Terms and Conditions. Users may not use the Services unless they agree to these Terms and Conditions
   

2. If Users will be using the Services on behalf of, or for the purposes of, a business enterprise, then such business enterprise must also agree to these Terms and Conditions prior to using the Services. In this case Users represent and warrant that Users have the authority to agree to these Terms and Conditions on behalf of that business enterprise and to bind that business enterprise to these Terms and Conditions
   

3. If there are Separate Terms and Conditions applicable to the Services, Users shall also comply with such Separate Terms and Conditions as well as these Terms and Conditions in using the Services
   

1. TEGUS MEDICAL may, but is not required to, substitute, add to, change, or remove any part of these Terms and Conditions at any time and without notice to the User when TEGUS MEDICAL deems it to be necessary, within the scope of the purposes of the Services. In such case, TEGUS MEDICAL will indicate the contents of the modified version of these Terms and Conditions, on the Services, or will publicize the same to Users by notifying Users in the manner prescribed by TEGUS MEDICAL or its clients
   

2. Modified Terms and Conditions will be effective when publicized and the Users use of the Services or the websites of TEGUS MEDICAL after the publication of the modified Terms and Conditions. Users’ acceptance of and agreement to will be deemed to be bound by the modified Terms and Conditions. The date on which the modified Terms and Conditions are publicized will be stated at the end of the modified version. Users who do not agree to the modified Terms and Conditions must stop using TEGUS MEDICAL’s Services
   

3. Where TEGUS MEDICAL has provided Users with a translation of the English-language version of its Terms and Conditions, Users agree that the translation is provided for convenience only and that the English-language version of the Terms and Conditions will govern the relationship between TEGUS MEDICAL and the Users. If there is any contradiction between the English-language version of these Terms and Conditions and the translated version thereof, the English-language version will govern and control
   

1. TEGUS MEDICAL places top priority on the privacy of its Users
   

2. TEGUS MEDICAL will appropriately handle privacy information and personal information of Users in accordance with TEGUS MEDICAL’s Privacy Policies. Please read TEGUS MEDICAL’s Privacy Policy for Web App, if you use our web application or if you use our Mobile App go to TEGUS MEDICAL’s Privacy Policy for Mobile App. TEGUS MEDICAL’s Privacy Policies describe the types of data TEGUS MEDICAL collects from the User and User’s devices, how TEGUS MEDICAL uses User’s Data, and the legal bases TEGUS MEDICAL has to process User’s Data
   

3. TEGUS MEDICAL promises to exercise the utmost care and attention to its security measures to ensure the safe management of all information collected from Users
   

1. When using the Services, Users may need to have TEGUS MEDICAL set up an account by providing TEGUS MEDICAL with certain information for the registration. Users must register true, accurate and complete information, and must revise the same to always keep such information up to date
   

2. If Users register any authentication information when using the Services, they must exercise due care in handling such information at their own responsibility to ensure that such information is not used in an unlawful manner. TEGUS MEDICAL may treat all activities conducted under the authentication information as activities that have been conducted by the User with whom the authentication information is registered
   

3. Users are entirely responsible for maintaining the confidentiality of their password and account. They may not permit any third party to use their account, nor may use anyone else's account at any time. Furthermore, Users are entirely responsible for activities that occur under their account. Users agree to notify TEGUS MEDICAL immediately of any unauthorized use of their account or any other breach of security in connection with their password or their account
   

4. TEGUS MEDICAL will not be liable to Users or to any Third Party for any loss or damage that may occur as a result of someone else using Users’ password or account, either with or without their knowledge. However, TEGUS MEDICAL reserves the right to hold Users liable for losses incurred by TEGUS MEDICAL or by a third party due to someone else using User’s password or account
   

5. Any User who has registered for the Services may request deletion of such User’s account data at any time
   

6. TEGUS MEDICAL reserves the right to disable, suspend or delete any account at any time in TEGUS MEDICAL’s sole and absolute discretion, no matter the reason, without prior notice to the applicable Users
   

7. All rights of Users to use the Service shall cease to exist when such User’s account has been deleted for any reason. Please take note that an account cannot be retrieved even if Users have accidentally requested the deletion of their account, but it can be recreated
   

8. Each account in the Services is for exclusive use and belongs solely to the User of such account. Users may not transfer, lease, or otherwise dispose of their rights to use the Service to any third party, nor may the same be inherited or succeeded by any third party
   

9. Users can control most communications from the Services. TEGUS MEDICAL may need to provide Users with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and User’s account, and Users may not be able to opt-out from receiving them. If Users added their phone numbers to the account and later change or deactivate that phone number, Users must update this account information to help prevent TEGUS MEDICAL from communicating with anyone who acquires User’s old number
   

1. Users shall supply PCs (ex. Desktop computers, Laptops, Notebooks) as a primary method of accessing the Service and other communication devices, operating systems, communication methods and appropriate Internet service, electricity, etc. necessary for using the Services at their own responsibility and expense
   

2. TEGUS MEDICAL’s Services are designed to be accessible from various devices, which provide speed and flexibility in emergencies. However, it is important to use an appropriate device for the best possible experience of video and audio streams within the TEGUS MEDICAL platform. While TEGUS MEDICAL does not impose any limitations for a minimum screen size, Users are recommended to use devices with a screen large enough to allow optimal viewing and usability, such as a desktop or laptop computer. While mobile phones and tablets can also be used to access the Services, TEGUS MEDICAL recommends using these devices as a last choice due to their smaller screen size and potential limitations in processing power. Users are advised to use the TEGUS MEDICAL platform responsibly and with consideration of the device they are using
   

3. TEGUS MEDICAL reserves the right to limit access to all or part of the Services by Users depending upon conditions that TEGUS MEDICAL considers necessary, such as the age and identification of User, current registration status, and the like
   

4. TEGUS MEDICAL reserves the right to modify, at TEGUS MEDICAL's discretion, all or part of the Services as TEGUS MEDICAL determines necessary anytime without any prior direct notice to Users
   

5. TEGUS MEDICAL may cease providing all or part of the Services without any prior direct notice to Users in case of the occurrence of any of the following:
   ‍
   

   1. When conducting maintenance or repair of systems;
      

   2. When the Services cannot be provided due to force majeure such as an accident (fire, power outage, etc.), act of God, war, riot, labor dispute;
      

   3. When there is system failure or heavy load on the system;
      

   4. When securing the safety of Users or third parties, or in the case of an emergency for the public welfare; or
      

   5. When TEGUS MEDICAL reasonably determines it to be necessary, other than those set forth in items (a) through (d).
      

1. Users are responsible for the use of the Services and for any Content Users provide, including compliance with applicable laws, rules, and regulations. Users should only provide Content that they are comfortable sharing with others
   

2. Any use or reliance on any Content or materials posted via the Services or obtained by User through the Services is at Users own risk. TEGUS MEDICAL does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. Users understand that by using the Services, they may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. TEGUS MEDICAL may not monitor or control the Content posted via the Services and cannot take responsibility for such Content
   

3. Users ensure that all Submitted Content is free of viruses, Trojans and/or any other programs or malware that could significantly impair or endanger the functionality of TEGUS MEDICAL’s and/or other users’ services, websites, programs, and/or any other property thereof
   

4. TEGUS MEDICAL grants Users a non-transferable, non-sublicensable, non-exclusive and revokable license to use the Subject Contents provided by TEGUS MEDICAL, solely for the purpose of using the Services
   

5. Users shall abide by the conditions applicable thereto when using the Subject Contents which are subject to conditions of use. TEGUS MEDICAL shall remain the owner of all intellectual property rights as well as all other rights in the Subject Contents offered to Users by TEGUS MEDICAL, and such rights shall not be transferred to Users. Users will only be granted usage rights as set forth above
   

6. Users shall not use the Subject Contents beyond the scope of the intended use of the Subject Contents in the Services (including, without limitation, recording, acts of copying, transmitting, broadcasting, making publicly available, reproducing, and modifying)
   

7. If Users wish to back-up all or part of the Submitted Contents, they will need to do so themselves. TEGUS MEDICAL will not undertake the obligation of backing up any of the Submitted Contents
   

8. Users shall retain their rights to their Submitted Contents, and TEGUS MEDICAL shall not acquire any such rights
   

9. TEGUS MEDICAL may check and confirm the contents of the Submitted Contents by Users to the extent permissible under laws and regulations, when it is necessary for TEGUS MEDICAL to confirm compliance with related laws and regulations or the provisions set out in these Terms and Conditions, etc.; provided, however, that TEGUS MEDICAL is not obligated to conduct such confirmation
   

10. If TEGUS MEDICAL believes that a User has violated or may violate any applicable laws or regulations or the provisions of these Terms and Conditions in relation to the Submitted Contents, or when otherwise reasonably necessary for TEGUS MEDICAL’s business, then TEGUS MEDICAL reserves the right to preclude such User's use of the Services in certain manners, such as deleting the Submitted Contents without providing prior notice to the User
    

Users are obliged to independently comply with all laws and regulations applicable to them regarding the processing of personal data. TEGUS MEDICAL has no access to and bears no responsibility for patient-related data.

TEGUS MEDICAL prohibits Users from engaging in any of the following acts when using the Services:

1. Acts of recording, copying, transmitting, broadcasting, making publicly available, reproducing, and modifying Subject Content (in particular: streaming sessions and/or parts (pictures, photographs, screenshots, clips) thereof) to a Third Party (except for those approved by TEGUS MEDICAL)
   

2. Acts that violate the laws and regulations, court verdicts, resolutions or orders, or administrative measures that are legally binding;
   

3. Acts that may be in violation of public order, morals or customs;
   

4. Acts of uploading, posting, sending, transmitting or otherwise making available of content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
   

5. Acts of posting or transmitting excessively violent or explicit sexual expressions; expressions that amount to child pornography or child abuse; expressions that lead to discrimination by race, national origin, creed, gender, social status, family origin, etc.; expressions that induce or encourage suicide, self-injurious behavior or drug abuse; or expressions that include anti-social content and lead to the discomfort of others;
   

6. Acts of uploading, posting, sending, transmitting or otherwise making available of content that Users do not have the right to make available under any law or under contractual or fiduciary relationships (such as inside information or other proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   

7. Acts that infringe intellectual property rights, such as copyrights, trademarks and patent rights, rights to fame, privacy, and all other rights granted by law or by a contract with TEGUS MEDICAL and/or a third party;
   

8. Acts that lead to the misrepresentation of TEGUS MEDICAL and/or a third party or that intentionally spread false information;
   

9. Acts that lead to the misrepresentation of TEGUS MEDICAL and/or a tActs of sending the same or similar messages to a large, indefinite number of Users (except for those approved by TEGUS MEDICAL), or any other acts deemed by TEGUS MEDICAL to constitute spamming;hird party or that intentionally spread false information;
   

10. Acts of exchanging the right to use the Services or Contents into cash, property or other economic benefits, other than by using the method prescribed by TEGUS MEDICAL;
    

11. Acts of using the Services for sales, marketing, advertising, solicitation or other commercial purposes (except for those approved by TEGUS MEDICAL); using the Services for the purpose of sexual conduct or obscene acts; using the Services for the purpose of meeting or engaging in sexual encounters with an unknown third party; using the Services for the purpose of harassment or libelous attacks against other Users; or otherwise using the Services for purposes other than as intended by the Services;
    

12. Acts that benefit or involve collaboration with anti-social groups or are related to religious activities or invitations to certain religious groups;
    

13. Acts of unauthorized or improper collection, disclosure, or provision of any other person's personal information, registered information, user history, or the like;
    

14. Acts of interfering with the servers and/or network systems of the Services; fraudulently manipulating the Services by means of bots, cheat tools, or other technical measures; deliberately using defects of the Services; making unreasonable inquires and/or undue claims such as repeatedly asking the same questions beyond what is necessary, and other acts of interfering with or hindering TEGUS MEDICAL's operation of the Services or other Users’ use of the Services;
    

15. Acts of decoding the source code of the Services, such as by way of reverse engineering, disassembling or the like, for unreasonable purposes or in an unfair manner;
    

16. Acts that use the Services or the website of TEGUS MEDICAL to create products or perform services which compete or interfere with those of TEGUS MEDICAL;
    

17. Acts that aid or encourage any acts stated in Clauses 8.1 to 8.15 above; and
    

18. Acts other than those set forth in Clauses 8.1 to 8.16 that TEGUS MEDICAL reasonably deems to be inappropriate.
    

TEGUS MEDICAL prohibitIn case of prohibited use TEGUS MEDICAL may delete User’s account and refuse to provide or stop providing all or part of the Services to the User (including terminating or disabling User’s access to the Services) immediately, or if User creates risk or legal exposure for TEGUS MEDICAL, violates these Terms and Conditions or TEGUS MEDICAL’s policies (including TEGUS MEDICAL’s Privacy Policy), if User repeatedly infringes other people’s rights, or where TEGUS MEDICAL is required to do so by law.s Users from engaging in any of the following acts when using the Services:

User agrees to indemnify, hold harmless and defend TEGUS MEDICAL, its directors, officers, employees, consultants, affiliates, agents and suppliers and from any and all third party claims, damages, liability and/or costs (including, but not limited to, attorneys’ fees) arising from User’s use of the Services, User’s violation of these Terms and Conditions or the infringement or violation of User’s account by User or any third party, of any intellectual property or other right of any person or entity or applicable law.

TEGUS MEDICAL shall only be liable for damages which have been caused by breach of a material duty under these Terms and Conditions or which have been caused by gross negligence or intentional misconduct of TEGUS MEDICAL. The above limitations of liability shall not apply to injury to life, limb or health.

TEGUS MEDICAL shall not be liable in case of the unavailability of its Services due to network interruptions beyond the control of TEGUS MEDICAL, due to the fault of the Users or due to technically required maintenance work.

For the avoidance of doubt: TEGUS MEDICAL only provides a technical service (no medical service) and is therefore not liable for the correct provision of any treatment of a patient by a practitioner on site or the Proctor. The responsibility for all medical measures and treatments remains solely with the hospital and the practitioner.

TEGUS MEDICAL SHALL PROVIDE NO WARRANTY, EITHER EXPRESSLY OR IMPLIEDLY, WITH RESPECT TO THE SERVICES (INCLUDING THE SUBJECT CONTENTS), THAT THERE ARE NO DEFECTS, ERRORS OR BUGS.

If the terms of these Terms and Conditions violate any laws and regulations applicable to an agreement between Users and TEGUS MEDICAL with respect to the Services, such terms, to the extent of such violation, shall not apply to the agreement with the Users; provided, however, that the remaining terms of these Terms and Conditions shall not be affected.

1. For notifications from TEGUS MEDICAL to Users regarding the Services, TEGUS MEDICAL will use a method that TEGUS MEDICAL considers appropriate, such as posting in an appropriate place within the Services
   

2. For notifications from Users to TEGUS MEDICAL regarding the Services, Users shall use the customer inquiry form available on the Services or on TEGUS MEDICAL’s website, or through other means designated by TEGUS MEDICAL
   

For the interpretation of these Terms and Conditions, the law of the Federal Republic of Germany shall apply exclusively, even in the case of a foreign relation. Insofar as both parties are merchants or a place of jurisdiction agreement is legally permissible for other reasons, the exclusive place of jurisdiction shall be the respective headquarters of TEGUS MEDICAL.