1. General

These Terms of Use apply to your use of Chatdok's services. Chatdok UG, represented by Emmanuel Agbola, the managing director, is the provider of the internet offering at www.chatdok.com (including www.chatdok.de and other affiliated domains), located at Am Kohnen 85, 40599, Dusseldorf. If you have any inquiries, you can reach us at hello@chatdok.com. Please note that these Terms of Use specifically apply to consumers and patients.

2. Scope of Services

Chatdok is a service platform that enables licensed physicians, MVZs, and other healthcare providers in Germany to offer their services (referred to as the "Healthcare Platform"). It is important to understand that Chatdok itself is not a healthcare provider, including physicians, MVZs, or pharmacies.
Through Chatdok, doctors can issue electronic private and health insurance prescriptions. Private prescriptions require full payment by the patient, while privately insured patients can seek reimbursement. SHI-accredited physicians who are authorized to issue electronic health insurance prescriptions can also prescribe them through Chatdok. Patients can redeem prescribed prescriptions at the pharmacy of their choice or order delivery online. Without redeeming prescriptions, patients can also order over-the-counter medication directly from local pharmacies of their choice and have it delivered at their doorsteps. It is worth noting that, in accordance with the professional code of conduct for physicians in Germany, patients receive personalised advice, and communication media may be used to support this.
Chatdok enables exclusive consultations or treatments through communication media if they are medically justifiable and adhere to the required medical care standards, including findings, consultation, treatment, and documentation. Patients are provided with information about the specific aspects of exclusive consultations and treatments through communication media. Consultation and treatment via telemedicine are only suitable for clinical conditions that, based on accepted professional standards, can be treated remotely after an individual assessment by the physician.
Chatdok facilitates patient-physician contact through telemedicine using its healthcare platform.
According to § 75 para 3-6 of the German Social Code, Book V, the services of Chatdok cannot be offered to individuals who are treated similarly to patients with statutory health insurance.
Specifically, Chatdok undertakes the following tasks for the user:

- Providing a technical service through which physicians can accept treatment requests from patients and schedule telemedicine treatment appointments.
- Supporting patients with an advanced medical chatbot for their general health questions and physician recommendation.
- Selecting physicians on the Chatdok platform based on defined quality criteria. This includes ensuring that participating physicians are licensed, have professional experience, carry adequate professional liability insurance as per the Model Professional Code of Conduct for Physicians Working in Germany (MBO-A), and comply with medical professional law provisions.
- Supporting patients to redeem prescription and medication delivery from local pharmacies
- Transmitting data necessary for service provision with the consent of users.
- Providing the technological platform that supports all processes.

For enhanced security and convenience, our user applications offer a secure option to upload preliminary findings. These findings are made accessible to the attending physician, ensuring a reliable information foundation. Additionally, users can effortlessly store and manage their medical documents in a centralized database, utilizing state-of-the-art encryption technology to safeguard sensitive data.
Please note that the provision of medical care via the Internet is subject to specific professional regulations and limitations. Therefore, our services comply with the current legal framework. The detailed information and service descriptions provided are legally binding and reflect the constraints imposed by these regulations.
As part of our commitment to comprehensive healthcare, users can create personalized "sub-accounts" for co-insured family members who are minors (under 18 years of age) within our Family Management feature on the app. This empowers individuals to manage health data separately for each family member and even facilitates the issuance of specialist referrals and private prescriptions tailored to their specific needs.
Our platform enables doctors to seamlessly prescribe electronic private and health insurance prescriptions. These prescriptions are securely stored in the user's health account or made readily accessible through prior arrangements. By leveraging digital channels, the prescribed medications can be transmitted to cooperating pharmacies or mail-order pharmacies of the patient's choice. Chatdok diligently reviews medical prescriptions on the platform to ensure adherence to stringent quality guidelines while maintaining necessary data protection consents and confidentiality releases. It's important to note that electronic prescriptions are exclusively available in digital form and possess the same legal validity as traditional prescriptions.
Through the Chatdok health platform, doctors can issue electronic incapacity certificates (e-AUs) based on medical evaluations. Each private e-AU is valid for a maximum of seven days, with the possibility of backdating for up to three days. Users can conveniently store these certificates in their health account and transmit them to their employer when needed. However, private e-AUs do not qualify for sickness benefits from statutory health insurance and are exclusively available in digital format without the provision of paper copies.
By registering a customer account, users gain access to their complete medical treatment history within the Chatdok App, subject to relevant information being uploaded by Chatdok's treating physicians. This comprehensive feature allows individuals to review and track their past medical treatments for a holistic understanding of their healthcare journey.
As part of our commitment to promoting wellness, patients receive informative product details on the Chatdok health platform. These may include changes in over-the-counter drugs and dietary supplements, presented as manufacturer advertisements. Please note that Chatdok serves as a health platform, not an online pharmacy. Our service empowers users to explore the showcased products and provides access to online stores of various pharmacies, as well as contact information for on-site pharmacies. However, Chatdok does not directly offer the products displayed, nor can we guarantee the accuracy of the information or the availability and quality of the goods.
The products and product information listed on our platform are not contractual offers from Chatdok, and therefore, they hold no binding obligation for us. Furthermore, we cannot ensure the availability of products from affiliated pharmacies. When users place orders, Chatdok does not become a contractual partner or the representative of the respective provider. The contracts for medicines or other pharmacy-related products are exclusively established between the customer and the selected pharmacy. Consequently, any contractual claims, including performance, defects, and damages, can only be pursued within the contractual relationship with the respective pharmacy from which the products were ordered or purchased.
To continuously enhance the user experience, Chatdok will introduce additional features over time. We reserve the right to add or deactivate certain features as needed, based on evaluations and user requirements. However, users do not have an entitlement to specific functions.
For further inquiries or detailed information about Chatdok's extensive range of services, we encourage you to visit our website at www.chatdok.com/faq. Our frequently asked questions section is a valuable resource to address any questions you may have.
Please note that the treatment contract between the patient and the physician is not part of Chatdok's services. We hold no responsibility for the content of this contract or the overall communication between the patient and the doctor. It's important to note that Chatdok does not provide therapeutic services.
Chatdok does not supply medicines nor form part of the contract between the patient and the pharmacy. If a patient decides to redeem an electronic prescription through our platform, they enter into an independent contract with the selected pharmacy. Chatdok acts solely as a facilitator by transmitting the necessary data, provided that appropriate consent has been given by the patient.

3. Technical Requirements for Using Chatdok

1. To ensure a seamless experience with the Chatdok app on Apple devices, you must have an iOS device running on operating system version 13.0 or higher.
2. For full functionality of the Chatdok app on Android devices, you need an Android device with an operating system version 8 or higher.
3. The Chatdok Web Version supports the two latest versions of popular browsers: Chrome, Firefox, Safari, and Opera.
4. Regular updates for the Chatdok app are available through the App Store. We strongly recommend keeping your app up to date to ensure optimal performance and access to new features.

4. User Registration and Account Creation

To access telemedical treatment through the Chatdok app and utilize all of Chatdok's services, users must create a personalized account (registration) for free. During the registration process, please provide accurate and complete information as requested in the registration form. Registration is open to individuals who are at least 18 years old and have full legal capacity. Creating multiple accounts is prohibited. Please note that the use of Chatdok services is not a legally guaranteed right, and Chatdok reserves the right to refuse registration without providing reasons. The user-patient contract is established upon completion of the registration process.

5. Cancellation Policy

Right of Withdrawal
You have the right to withdraw from this contract within fourteen days from the date of contract conclusion (confirmation of your registration) without stating any reasons.
To exercise your right of withdrawal, please contact us at Chatdok UG, represented by the managing director Emmanuel Agbola, located at Am Kohnen 85, 40599, Dusseldorf.
Email: hello@chatdok.com
You can exercise your right of withdrawal by making a clear statement (e.g., a letter sent by mail or email) expressing your decision to withdraw from this contract. While the enclosed sample revocation form (Section III) can be used for this purpose, it is not mandatory.
To comply with the withdrawal period, it is sufficient to send the notification of the exercise of the right of withdrawal before the expiration of the withdrawal period.
Your right of withdrawal will expire prematurely if we have fully performed the service, and you, as a consumer, have given your express consent to start the service and acknowledged that you will lose your right of withdrawal upon complete fulfillment of the contract by us.
You provide your express consent by entering into the User Agreement (registration and agreement to these Terms of Use). Please note that this right of withdrawal only applies to the Chatdok service and does not affect the separate treatment contract concluded with a doctor and the services provided by the doctor.
Consequences of Withdrawal
If you withdraw from this contract, we will promptly refund all payments received from you, including any invoices already issued, within fourteen days from the day we receive the notification of withdrawal from this contract. We will use the same payment method that you used for the initial transaction, unless expressly agreed otherwise. No fees will be charged to you for this refund. Please note that Chatdok currently does not charge a user fee for consumers. This cancellation policy does not cover fees related to the medical treatment contract.
Sample Cancellation Form
If you wish to cancel the contract, please fill out this form and send it to us at:
Chatdok UG, represented by the managing director Emmanuel Agbola
Am Kohnen 85,
40599 Dusseldorf
Email: hello@chatdok.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service, ordered (registered) on (*)/received (confirmation of registration) on (date):
Name of consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only in case of notification on paper):
Date:
(*) Delete as applicable.
- End of the Cancellation Policy -

6. Information Obligations

Chatdok is not subject to any out-of-court complaint or appeal procedures.
For additional information about Chatdok, its offerings, and data processing, please refer to the presentations available at www.chatdok.com. The technical steps for contract conclusion are outlined in §3 of the
Terms of Use. During registration, users have the ability to cancel and correct their data entries at any time.
The exclusive language available for contract conclusion is German.

7. Rights of Use

Users are granted exclusive rights to utilize the Chatdok internet offer in accordance with these comprehensive terms of use.
The content, information, images, videos, and databases accessible through the Chatdok web and app application are protected by copyright and are owned or licensed by Chatdok.
The content within the web and app application is intended for personal use only and may not be used or reproduced for commercial purposes. Unauthorized dissemination of the content without the express consent of Chatdok is strictly prohibited.

8. Data Protection and Security

At Chatdok, we prioritize the security of our users and patients. While we continuously strive to protect your information and account, it is important to acknowledge that unauthorized third parties may still attempt to breach our security measures. We strongly urge you to keep your password secure. If you discover any unauthorized access or compromise of your account's security, please notify us immediately.
For detailed information on how we handle your data, please refer to our privacy policy, which you have acknowledged upon registration.

9. Availability

Our service is available 24 hours a day, 7 days a week, ensuring continuous access for our users. However, please note that there may be occasional instances when the service experiences temporary unavailability due to data backup operations, system maintenance, or program updates. We strive to minimize any disruptions and ensure a seamless experience for our users.

10. Liability

1. Chatdok's liability is limited to breaches of essential contractual obligations that significantly impact the fulfillment of the contract. In all other cases, Chatdok shall not be held liable, except as mandated by applicable legal regulations. However, this limitation of liability does not apply in cases of intentional misconduct, gross negligence, or harm to body, health, and life. The limitation of liability also applies to Chatdok's legal representatives and agents.
2. Chatdok's liability is limited to foreseeable damages. We shall not be held liable for indirect, consequential, unforeseeable, or atypical damages, as well as loss of profit. This limitation also extends to labor disputes, accidental damage, and force majeure.
3. Chatdok shall not be held liable for damages arising from the service relationship between the user and the physician.
4. Regarding expert advice, newsletters, videos, and interviews provided by Chatdok, liability claims, including those against Chatdok and the respective authors as advisors, concerning material or non-material damages resulting from the use or non-use of the presented information, or from the use of incorrect or incomplete information, are excluded, unless there is demonstrable intentional or grossly negligent misconduct on the part of the author.
5. The aforementioned limitations of liability apply to all contractual and non-contractual claims.
6. Each doctor at Chatdok maintains their own professional liability insurance, and Chatdok possesses platform professional liability coverage through Allianz. However, liability for treating physicians, as well as Chatdok and its employees, regarding patients using Chatdok from abroad, is excluded.

11. Availability

To ensure a smooth and effective experience with Chatdok, users are expected to adhere to the following responsibilities:

1. Users must appropriately utilize the service and maintain the confidentiality of their access credentials, such as username and password. Sharing or allowing unauthorized access to these credentials is strictly prohibited. In case of any suspicion or actual misuse or loss of this information, users must immediately inform Chatdok.
2. Users are required to provide accurate, comprehensive, and truthful information necessary for the provision of services.
3. Users are encouraged to comply with the instructions and requests of their attending physicians.
4. Electronic prescriptions for medications are issued only in the patient's name.
5. If there is no improvement, a deterioration of health, or any other abnormalities, users should consult a local doctor.
6. Chatdok should not be used in emergency situations or for conditions that require physical examination. In such cases, it is crucial to visit a local doctor or seek immediate medical attention.
7. Patients must comply with the conditions specified in their respective health insurance policies (PKV/GKV), such as primary physician tariffs or enrollment in GP-centered care.

12. Termination/Blocking of Access

Chatdok reserves the right to withdraw or suspend access authorization or deny use for any reason upon notice. We may terminate or suspend access or use immediately and without notice for any justifiable reason, such as a violation of our policies. After termination, the user is still bound by the relevant sections of these terms.
Furthermore, if the user decides to revoke their consent, as per data protection laws, to the processing of health data within the scope of this user agreement, access will be terminated and the data will be subsequently deleted or blocked. This action is necessary as the services provided by Chatdok rely on the processing of this data.

13. Prices & Payments

1. The costs communicated to the user at the time of contract conclusion through www.chatdok.com serve as the reference for pricing.
2. Currently, Chatdok's services are free of charge for patients. However, Chatdok retains the right to introduce a fee for the use of its services in response to changing market conditions, significant changes in procurement costs, changes in sales tax, or procurement prices. If such a fee is implemented, users will be notified in advance, and they will have the right to terminate the contract immediately.
3. Payment methods: Chatdok reserves the right to specify the acceptable payment methods at the time of the customer's order. Failure to make payment within 14 days of the due date and receipt of the invoice will be considered default. Defaulting patients will be notified accordingly, and an additional interest charge of 5% p.a. may apply. No separate reminders will be sent. However, if the performance is hindered by circumstances beyond the patient's control, they will not be considered in default.
4. Credit check: Purchase on account may be offered after a successful credit check.
5. The services provided by independent service providers (physicians) are remunerated in accordance with the legally prescribed basis for physicians (e.g., EBM, GOA). The invoice is either issued directly to the patient or billed to the respective health insurance company. Patients will be informed during registration or appointment booking regarding the invoicing process.
6. Consent to electronic transmission of medical invoices: Chatdok, in collaboration with the authorized payment service provider, sends invoices and payment reminders electronically to patients. These electronic documents are considered equivalent to paper documents. While we take measures to encrypt and protect the data during transmission, it is important to note that electronic data transmission carries inherent risks of interception or unauthorized access. For more information, please refer to our data protection declaration and the required consent declaration under data protection law.

14. Changes

Chatdok reserves the right to make changes to the Terms of Use at any time, ensuring the best interests of our users. These modifications will not impose significant disadvantages on users and may be necessary due to legal requirements, legal precedents, or Chatdok's economic circumstances.
Any intended changes will be communicated to registered users via email using the last email address provided to Chatdok. The proposed changes will take effect if the user does not object within two weeks after receiving the email. It is important to submit any objection within the specified timeframe to comply with the two-week period.
In the event that a user objects to the proposed changes within the two-week period, Chatdok reserves the right to terminate the entire contractual relationship without notice. Consequently, the user will not be entitled to any claims against Chatdok.
If the contractual relationship continues after a user's effective objection, the previous terms of use will remain in effect.

15. Rescheduling, Cancellation, or Missed Appointment

1. Users can request to reschedule or cancel appointments through the Chatdok App, for both appointment requests and confirmed bookings.
2. Cancellations or rescheduling requests are free of charge and can be easily managed through the app.

16. Final Provisions

1. If any provision of these Terms of Use, including this provision, is deemed invalid, either in whole or in part, the validity of the remaining provisions shall not be affected. The invalid or missing provisions shall be replaced by the respective applicable legal provisions. This also applies in cases where a gap requiring supplementation subsequently becomes apparent.
2. These Terms of Use are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods and German private international law.