General Terms and Conditions of BodyTel Europe GmbH for Using the BodyTel Center Internet Database

Service Provider

The Service Provider is

BodyTel Europe GmbH
Schlachthofstr. 1, 34537 Bad Wildungen, Germany

represented by: Stefan Schraps

Tax no.: DE 255 207 169

Entry in the commercial register:

Hereinafter referred to as BodyTel.


Preamble

BodyTel operates an online database with the name „BodyTel Center“. This database allows all users of the GlucoTel device to access all measured blood glucose values using the GlucoTel device and any additional information entered.

GlucoTel is a Bluetooth-enabled blood glucose meter, which sends the measured blood glucose values to the patient’s cell phone via Bluetooth®. This requires a Bluetooth® and Java®-enabled cell phone with internet access. The compatibility list shows which cell phones are compatible. Functionality can only be guaranteed for the cell phones listed in the compatibility list. The free-of-charge Java® application „BodyTel Mobile“ must also be installed on the cell phone.

The data are automatically forwarded from the cell phone to the patient’s personal online record in the BodyTel Center. The data are backed up and saved there. After entering a personal login, the data can be accessed using any standard internet browser which supports HTML 4.0, XHTML 1.0 Transitional, and Javascript®.

The BodyTel Mobile application also allows information about weight, medication, insulin dose, etc., for example, to be entered in the database via the cell phone.


§ 1 Object of the Agreement

(1) The BodyTel Center internet portal can be accessed via the internet address

www.bodytel.com

.

The following General Terms and Conditions (GTC) apply to the relationship between BodyTel as operator of the website www.bodytel.com and users of the website who have registered to use the content and functions offered on the website (hereinafter "Users"). They also apply to users accessing the website from outside the Federal Republic of Germany. Access to the website that does not require registration is not covered by these GTC.

(2) Users include firstly diabetes patients, who are recording their own data in the BodyTel Center. Users also include third parties, such as doctors, diabetes consultants, and friends and family members who, with the consent of the patient, are permitted to access the patient’s personal data, and who have themselves consented to this access authorization by registering with the BodyTel Center. As well as simply accessing the data of the third party (patient), these persons may also define an alarm function in the patient’s settings. As soon as a transmitted value exceeds or falls below a predefined threshold, the user is informed via the desired method (e.g., e-mail, text message, or fax). This is known as an alert.

(3) After registering, BodyTel allows the customer to access the internet portal specified in Section 1, in order to use the data available there in the way described below.

(4) The connection capacities required for data transfer from the cell phone to the BodyTel Center database are not covered by this agreement; instead they are the subject of a separate agreement between the user and the cellular network operator. The costs for transferring data via internet connection are dependent on the respective cell phone contract. Please contact your service provider for the data communication costs applicable to you.

(5) Any differing contract terms from the user are not valid.


§ 2 Registration, Concluding the Usage Contract

(1) Upon registration, a usage contract between BodyTel and the user comes into existence (hereinafter "the usage contract"). By applying for registration, the user accepts the validity of these GTC and the data protection statement for forming the basis of the usage contract. In particular, the separate data protection statement must be accepted before using the „BodyTel Center“. Upon registration, the user can view these GTC and accept them by clicking. The same applies to the data protection statement. If the registration is successful, the user is sent an e-mail confirming this.

(2) Registration and the use of services requiring registration on the website www.bodytel.com are free of charge. Only the transfer of data from the cell phone to the BodyTel Center incurs costs, depending on the terms of the user’s particular cell phone contract, cf. § 1 para. 4.

(3) In addition to accepting the data protection statement and the GTC, other prerequisites for registration are that

- the user submits the data requested on the online registration form ("Registration")   
 ,

- the user has a valid e-mail address, to which an activation link will be sent,

- the user is at least 18 years of age or 14 years of age with 
  the consent of his/her legal authorized representative.

(4) The user must ensure that all data submitted during registration are correct, up to date, and complete. If the user's personal data required for registration change, the user must immediately adapt his/her user profile accordingly.

(5) BodyTel will endeavor to ensure that access to the BodyTel Service database is always available and to eliminate any faults as quickly as possible. However, no guarantees are made and the user has no claim to the constant availability and freedom from faults of BodyTel services.


§ 3 Right of Withdrawal for Consumers

(1) The user, who is the consumer from a legal perspective, may withdraw from the registration within two weeks, without giving a reason, by stating his/her intention to withdraw in writing (e.g., by letter, fax, or e-mail). This two-week period begins following the activation of the registration, but not before this instruction has been received. To comply with this withdrawal time limit, it is sufficient in all of the abovementioned cases to send notice of the withdrawal in good time.

Notice of withdrawal must be sent in writing to:

- by post: BodyTel Europe GmbH, Schlachthofstr. 1, 34537 Bad Wildungen, Germany
- or by e- mail: support@bodytel.com
- or by fax: +49 (0) 56 21 9 67 76-10

(2) The user’s right to termination from § 8 is unaffected.

(3) The user’s right of withdrawal expires in accordance with § 312d Para. 3 BGB (German Civil Code) before the expiry of the two-week withdrawal time limit, if BodyTel has already started to provide the services with the user’s express consent or if this has been initiated by the user (e.g., by using services which require registration, etc.)

(4) In the event of effective withdrawal, any mutually received benefits are to be refunded in accordance with the statutory provisions and any benefits derived are to be released.


§ 4 Usage for Health Purposes

(1) The BodyTel Center database is generally used by customers for recording data for medical treatment (diabetes). It must therefore be noted that the BodyTel Center database is intended merely as an aid for recording or documenting the values measured by the customer using the GlucoTel device.

(2) Neither GlucoTel nor the data recorded in the BodyTel Center database should be taken as the basis for the administration of insulin. Naturally, the use of this aid must never be seen as a replacement for medical treatment from a doctor. The customer must therefore always coordinate any change to the treatment as closely as possible with his/her doctor, as was or should have been the case before starting to use the BodyTel Center and GlucoTel. BodyTel accepts no liability for subsequent health complications of any kind arising from incorrect treatment.

(3) It must be noted that it may be sensible to also keep other records in addition to the data recorded in the BodyTel Center. Regular backup of the data recorded in the BodyTel Center is also recommended, so that the data are not accidentally lost and so that the monitoring is guaranteed in another way. BodyTel can accept no liability for damage arising as a result of loss of data, if this loss is not attributable to BodyTel.


§ 5 Usage and Circulation of Data

Users who are accessing data which is not their own, but who are permitted to access the personal data of a third party (patient) with that patient’s consent, must keep the content of this data confidential. Circulating, copying, or conducting business using this data in any way is also forbidden.


§ 6 Rights and Obligations of Users

(1) Users are responsible for correctly determining (GlucoTel) and entering (BodyTel Mobile) the data in the BodyTel Center. In particular, users must carefully read and follow the operating instructions provided with the GlucoTel device. BodyTel accepts no liability for transfer or transmission errors or other errors caused by incorrect operation of the GlucoTel device and for which BodyTel is not responsible.

(2) The rights to the data which is set by the user in the BTC remain in principle exclusively with the user. BodyTel may however require rights to these data (alerts in particular) in order to provide the service. In order to ensure this, the user must grant BodyTel usage rights to his/her data free of charge whenever necessary.

The subject of the granting of usage rights is a non-exclusive right, unrestricted in terms of time and space, for BodyTel to make the user data accessible to the third parties identified by the user in accordance with § 1 paragraph 2. If rights are granted, these will expire when the usage contract ends (e.g., as a result of termination).

(3) The customer must also, via the internet only, download and install the BodyTel Mobile Java applications made available free of charge by BodyTel. Furthermore, the customer shall not make any copies of or changes to the BodyTel Mobile application. All files and data records created by BodyTel Mobile are the property of BodyTel.


§ 7 Liability

(1) Liability claims against BodyTel for material or non-material damages are excluded in principle, as long as they are not attributable to BodyTel as a result of willful intent or gross negligence. Liability on the part of BodyTel for personal injury is not affected by the abovementioned liability restrictions.

(2) Due to the technical nature of the internet, it is not possible to guarantee the constant availability of the services provided by BodyTel. BodyTel therefore accepts no liability for technical faults for which BodyTel is not responsible, or damages as a result of force majeure. BodyTel also accepts no liability for interactive processes reaching users correctly and immediately (alerts) and for connection to the internet being constantly available. It can also not be guaranteed that data exchange will take place at a particular transmission speed.

(3) BodyTel accepts no liability for damages arising as a result of the failure to comply with the user obligations defined in these GTC.

(4) The abovementioned liability restrictions apply both to contractual and non-contractual claims. They also apply to employees of BodyTel.

(5) BodyTel does not bear the risk for loss of data during transmission outside of its sphere of influence. Transfer of risk occurs with the provision of data for accessing on the server. The supplier also accepts no responsibility for data security beyond its sphere of influence.

(6) The user is liable for any consequences or disadvantages affecting BodyTel as a result of the improper use of the data saved in the BodyTel Center or as a result of the user failing to comply with any of the other contractual obligations.

(7) With regard to the liability restriction for the remaining provisions of these GTC, reference is made in particular to § 4 para. 3, § 6 para. 1.


§ 8 Contract Period and Termination

(1) The contract regarding the usage of the BodyTel Center applies for an unlimited period of time. It can be terminated by either party at any time without stating reasons or complying with time limits.

(2) If the contract is terminated, the user no longer has any entitlement to services on the website that require registration.

(3) The user will be informed in writing or by e-mail in the event of termination by BodyTel. If the user initiates the termination, BodyTel must likewise be informed this in writing, using the following address: BodyTel Europe GmbH, Schlachthofstr. 1, 34537 Bad Wildungen, Germany or by e-mail to support@bodytel.com.

(4) Following the termination, BodyTel will completely delete the user’s account, including all personal data stored there. § 9 para. 3 applies.


§ 9 Deletion of User Profiles/Data

(1) If the user infringes the rights of third parties or fails to comply with these GTC, BodyTel is entitled, at its own discretion and without prior notice, to completely or partly bar the user from using services that require registration and to delete or block the user profile.

(2) Deletion of the account by BodyTel including the personal data stored there must also take place in the event of a specific instruction from the user.

(3) In the event of subsequent re-registration by the user, BodyTel is under no obligation to restore the user’s data that were deleted in accordance with para. 1 or 2.


§ 10 Changes to the GTC

(1) The usage contract is based on the website GTCs which were valid at the time of the user’s registration. BodyTel reserves the right to change individual details of this GTC subsequently, if this appears to be necessary, and does not unacceptably disadvantage the user in breach of good faith.

(2) Subsequent changes to the GTC are generally made for the purposes of improving services on the website that require registration for the benefit of users. Changes may also be necessary due to changes in legislation and/or the legal system or as a result of other unforeseeable changes not initiated by BodyTel and over which BodyTel has no influence and which, without adaptation or addition to the GTC, would make it more difficult or impossible to implement the contract.

(3) Significant deviations from the GTC valid when the contract was concluded and fundamental changes to the usage contract (e.g., the introduction of usage charges for password-restricted areas) are expressly excepted from the entitlement to make changes described above and may only be implemented following mutual agreement between the user and BodyTel.

(4) Users will be notified of changes or additions to the GTC in writing or electronically within an appropriate notice period of at least four weeks. The changes or additions become part of the contract if the user does not object within six weeks of notification and/or continues to use BodyTel services that require registration after this time. BodyTel is obliged to inform the user separately of the consequences of his/her actions under paragraph 4, item 2 at the beginning of the notice period.

(5) If the user objects to the changes, either party may terminate the usage contract in accordance with the termination regulations in force before the change. BodyTel must expressly notify users of their right to object and the consequences of this.


§ 11 Applicable Law, Miscellaneous

(1) Communications from BodyTel to users will be made by e-mail.

(2) German law applies to this contract.

(3) Should any provision of this contract be or become ineffective or should a loophole be discovered which requires rectification, this will not affect the validity of the remaining provisions. The ineffective provision or loophole shall be replaced by a legally effective and enforceable regulation which comes as close as possible to the economic purpose of the contract, to which both parties would have agreed, if they had been aware of the ineffectiveness of the provision.

Data Protection Information

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