1.1 These terms and conditions govern the use of the Meetdocs GmbH (hereinafter referred to as “Operator”) operates the platform under the domain www.meetdocs.de. Doctors and such professional associations (hereinafter "customer") have the opportunity to offer their services via the platform and to sell them to end customers ("end customer"), provided that these terms and conditions are complied with.

1.2 Differing regulations, alternative terms and conditions or other specifications from the customer or third parties only apply if the operator has expressly agreed to them in writing. Individual agreements between the operator and the customer take precedence over these terms and conditions in the area of the individually agreed contractual conditions (cf. § 305 BGB) and are then supplemented by these General Terms and Conditions.

1.3 Amended General Terms and Conditions will be sent to the customer by email at least 15 days before they are scheduled to come into effect. If the customer does not object to the validity of the new General Terms and Conditions within 15 days of receiving the email, the amended General Terms and Conditions are deemed to have been accepted. The operator will inform the customer separately in the email containing the amended terms and conditions of the importance of this deadline, the right of objection and the legal consequences of remaining silent. This change mechanism does not apply to changes to the main contractual obligations. If the customer objects to the validity of the new terms and conditions within the specified period, the operator reserves the right to terminate the customer profile without notice.

§ 2 Services

2.1 During the contract period, the operator offers the customer the use of the platform. The customer can create a publicly visible profile and store information about his company and his services.

2.2 The customer receives access to a personal login area. The customer has no right to the publication of certain content or a certain form of presentation of his profile. In particular, hyperlinks that refer to pages outside the platform can be removed from the platform

§ 3 Use and registration

3.1 To use the platform, customers must register. Successful registration creates a binding contract between the customer and the operator. However, there is no right to register and participate in the platform.

3.2 Eligible to participate are licensed doctors and professional associations consisting of doctors pass.

3.3 To register, customers must provide the necessary evidence, such as proof of registration, commercial register extract (if relevant) or partnership agreements. Missing documents may result in registration being refused.

3.4 Registration includes providing complete company information, including address, bank details and tax number. Access data must be selected securely and protected from third parties.

3.5 The customer guarantees that the information he provides to the operator is true, current and complete. If the customer provides incomplete or incorrect information, the operator can terminate and delete the account without notice.

3.6 The customer is obliged to provide all necessary legal information (e.g. imprint, general terms and conditions, cancellation policy, privacy policy, etc.).

3.7 The customer may not use general terms and conditions and other legally significant formulations that contradict those of the operator or relevant legal provisions.

3.8 If further information or documents are deemed necessary, the operator is entitled to request them at any time. The customer is obliged to provide the documents upon the operator's first request. In the event that the customer does not comply with the operator's request, the operator reserves the right to terminate the contract without notice.

3.9 Upon conclusion of the contract, the customer authorizes the operator to act as the customer's representative towards the end customer, affiliated companies of the operator or third parties. To accept and make statements and to take actions as necessary to enforce this Agreement.

3.10 Multiple registrations of a customer or new registrations of terminated customers are only permitted with the prior written consent of the operator.

3.11 The customer is under no circumstances entitled to pass on his access data, in particular his access password, to third parties. Should third parties nevertheless gain access to the customer profile or the customer has other indications of misuse of his customer profile, the customer must inform the operator immediately and change his access data.

§ 4 Obligations of the customer

4.1 Customers must ensure that all services and content offered on the platform comply with applicable legal requirements, official orders, third-party rights, common decency and these terms and conditions.

4.2 Violations may result in termination without notice. The assertion of any further claims (damages, etc.) remains expressly reserved.

§ 5 Rights of use

5.1 The customer grants the operator a non-exclusive, temporally and spatially unlimited, transferable right to use the materials provided (e.g. images, texts). The operator may use this content on the platform and in other media, including for advertising purposes.

5.2 The customer guarantees that the content and articles used by him for the use of the platform and in the context of the respective contract fulfillment with customers are free of third-party rights or that he has the corresponding rights of the rights holders.

5.3 The customer is obliged to be able to provide written evidence of the chain of rights, including the authority to transfer usage rights, at any time and to make this available to the operator on first request.

5.4 The customer agrees that after an order has been processed, end customers have the opportunity to provide reviews of the services and service providers on the platform.

§ 6 Fees

6.1 A fee of 25% of the sales proceeds per transaction is charged for using the platform. This fee also covers the services provided by the payment service provider. No additional fees are charged by the payment service provider.

6.2 The commission is due when the respective service is ordered.

6.3 The billing is done with the customer's deposit. The deposit is retained by the operator. The remaining 75% is due after an initial appointment between the customer and the end customer. The customer is responsible for processing the payment.

6.4 The commission rates can be changed by the operator at any time. The changed commission rates will be sent to the customer by email at least 14 days before they come into effect. If the customer does not object to the validity of the changed commission rates within 14 days, the changed commission rates are deemed to have been accepted. If the customer objects to the validity of the changed commission rates within the specified period, the operator reserves the right to terminate the customer profile.

§ 7 Conclusion of contract

7.1 When selling via the platform, the customer is the sole contractual partner of the end customer. The operator acts merely as an intermediary and assumes no liability for the conclusion or fulfillment of the contracts. The customer is solely liable for the medical service.

7.2 A contract between the customer and the end customer is concluded in usually as follows:

The end customer puts the desired service into the shopping cart via the offer page.
The end customer clicks the button to complete the order and thereby submits a binding offer.
The offer is usually accepted by an order confirmation/request for payment.
The end customer makes a down payment of 25% of the final amount via the payment service provider selected by the end customer.

§ 8 Prices and payment processing

8.1 The customer lists his services on the platform, specifying a gross final price (including VAT where necessary).

8.2 The payment of the deposit is processed exclusively via the payment service provider provided by the operator. Customers must include a note on their invoices that deposits are not to be paid directly to them, but via the payment service provider.

8.3 When paying via Klarna, it should also be noted that the end customer will receive a separate payment instruction from Klarna.

8.4 If the end customer decides not only to make a down payment to the operator but also to pay the full amount in advance, this does not change the operator's position as an intermediary. After receiving the payment, the operator will then forward the fees paid by the end customer to the client, less the commission.

§ 9 Liability

9.1 The operator and his vicarious agents are only liable in the event of intent, gross negligence, culpable Injury to life, limb or health, slightly negligent breach of a contractual obligation (so-called “cardinal obligation”; this refers to an obligation whose fulfilment is essential to the achievement of the purpose of the contract made possible in the first place and on whose fulfillment the customer can therefore regularly rely), in the event of a breach of a guarantee expressly designated as such and in the event of mandatory liability under the Product Liability Act. In the case of a slightly negligent breach of a cardinal obligation, liability is limited to the Damages that were foreseeable and typical for the contract at the time of conclusion of the contract and which the operator had to expect at the time of conclusion of the contract based on the circumstances known at that time. Otherwise, liability is excluded.

9.2 The operator and its vicarious agents are also not liable for delayed or non-existent provision or technical failures of the platform as a result of reasons, events or other cases that are beyond the reasonable control of the operator and its vicarious agents and are therefore not his responsibility.

9.3 The operator shall only be liable for the loss of data in accordance with the preceding paragraphs if such loss is caused by appropriate data security measures on the part of the customer would not have been avoidable.

§ 10 Exemption of the operator from claims due to violations of law and duties to cooperate by the customer

10.1 The customer shall indemnify the operator upon first request from all claims and charges that third parties against the operator due to the violation of their rights or due to legal violations due to the offers and/or content posted by the customer and for which they are responsible and/or the services provided in relation to the fulfillment of the contract.

10.2 The customer assumes the necessary costs of all measures required in this regard, including the necessary costs of any legal defense of the operator caused by this. This does not apply if the customer is not responsible for the violation of law.

10.3 In addition, in the event of disputes with third parties, e.g. in the event of warnings, the customer is obliged to provide the operator, upon first request, with all information relating to the dispute and necessary for defense.

§ 11 Term and termination

11.1 The contract for participation in the platform is concluded for an indefinite period.

11.2 The customer can terminate the contract for participation in the platform with one (1) month's notice to the end of the month.

11.3 The operator can terminate the contract for participation in the platform at any time with one (1) month's notice to the end of the month.

11.4 The right of the operator and the customer to terminate the contract without notice for good cause remains unaffected.

11.5 Contracts already concluded by the time of termination must still be fully fulfilled and processed (including processing of complaints). The provisions of this contract continue to apply to such contracts until they are finally processed.

11.6 The customer profile will be deleted after all outstanding claims, orders and complaints have been fully processed.

11.7 If the operator has terminated the contract, the customer has no right to establish a new contractual relationship for participation in the platform and/or the creation of a new customer profile, even under a different name or designation.

§ 12 Rate Parity

12.1 The customer grants the operator rate parity. Rate parity refers to the same or a better price for the same service, the same date, the same or better amenities and additional services (e.g., hotel transfer), and the same or better restrictions and terms as offered on the customer’s websites, apps, or call centers (including the customer’s reservation system), directly by the customer, as well as through competitors of the operator and/or any third party (online or offline) that is a business partner of the customer or otherwise connected to the customer. Rate parity does not apply to rates offered to a closed user group, provided that the rates offered are not (directly or indirectly) publicly available or made public.

§ 13 Final provisions

13.1 The operator reserves the right to change the structure and design of the product presentations as well as the platform itself at any time and without giving reasons.

13.2 The law of the Federal Republic of Germany applies.

13.3 If the customer does not have a general place of jurisdiction in Germany, The place of jurisdiction for all legal disputes is the registered office of the operator. The operator is also entitled to sue at the customer's general place of jurisdiction.

13.4 The customer may only offset undisputed or legally established claims.

13.5&# xa0;If individual provisions of this contract are not legally effective in whole or in part or lose their legal effectiveness later, this shall not affect the validity of these General Terms and Conditions. The invalid provisions will be replaced by the statutory provisions. The same applies if the general terms and conditions contain an unforeseen gap.

§ 1 Scope