2.1.1 Availability of the Platform

Uninterrupted and complete availability of the platform cannot be guaranteed according to the current state of technology. Therefore, MizeBody is not liable for the constant and uninterrupted error-free availability of the platform. Disruptions or maintenance work may limit or temporarily interrupt its use. Where MizeBody has influence over interruptions (e.g., during maintenance), MizeBody will endeavor to keep such interruptions as brief as possible. The platform can best be accessed using a personal computer (PC) via a web browser on the Internet, preferably through DSL, fiber optic, or an equivalent connection. If accessed via other internet-capable devices, such as smartphones or tablets, both functionality and display may be limited. The content on the platform is created with the greatest possible care. However, MizeBody does not guarantee the accuracy, completeness, or timeliness of the content provided on the platform. Likewise, MizeBody does not guarantee data security outside its sphere of control, nor protection from data loss during data transmission over the Internet. Links provided on the platform are not adopted as MizeBody's own. MizeBody is only liable for data loss in accordance with Section 3 if such loss could not have been avoided by you through appropriate data backup measures.

2.1.2 Platform Security

In providing the platform, MizeBody will implement suitable organizational and technical measures consistent with the current state of best practices to ensure the availability, integrity, authenticity, and confidentiality of the information systems, components, and processes used by MizeBody (collectively referred to as "Platform Security"). In particular, MizeBody ensures that a) video consultations conducted via the platform comply with suitable technical and organizational measures for data protection and data security that substantively meet the requirements of Annex 31b to the BMV-Ä; and b) patient data is transmitted or processed only in encrypted form. When using systems under MizeBody's control, MizeBody will impose corresponding obligations on its contractual partners and regularly monitor compliance. MizeBody will also perform regular data backups to the necessary extent.

2.1.3 Harmful and Overloading Use

You must refrain from any actions that could endanger platform security. In using the platform, you agree neither to use yourself nor permit a third party to use any tool, software, or routine to store, transmit, or introduce anything that interferes with or attempts to interfere with the proper functioning of the platform and the servers used by MizeBody (hereinafter referred to as "Servers"). In particular, you agree not to use or allow the use of devices, software, or routines that could disrupt the proper functioning of the platform and servers, and not to take any actions that create an unnecessary or disproportionately large burden on the platform and servers.

2.1.4 Copyright

Images, photos, films, and texts published on the platform are protected by copyright. Their use is not permitted without the express prior written consent of the respective rights holder.

2.1.5 Patient’s Own Content

(1) Where platform functions allow or expect you to upload or enter your own content such as texts, photos, videos, or other materials (hereinafter collectively referred to as "Own Content"), this may only be done in accordance with the technical specifications provided by MizeBody and via the specified communication channels; for example, file formats and sizes specified by MizeBody must be adhered to. (2) You guarantee MizeBody that you hold all rights in relation to your Own Content (including, in particular, copyright and related rights, industrial property rights such as trademark rights, and personality rights, especially image rights of third parties), to the extent necessary for MizeBody’s provision of services or exercise of rights. (3) For Own Content you upload or enter into your patient account, you grant MizeBody a simple, non-transferable, and time-limited right of use for the duration of this user agreement, insofar as this is necessary for MizeBody to provide the contractual services. This right particularly includes storing the content as well as forwarding it to the Platform Doctor you have selected for the initiation and execution of treatment, and to your Preferred Pharmacy for the transmission of a prescription.

2.2.1 Registration of a Patient Account

(1) To submit treatment requests, you must first register a patient account (hereinafter "Patient Account") with MizeBody by providing the personal data marked as mandatory and declaring your electronic consent to these GTCs and MizeBody’s privacy policy. (2) You are obliged to provide complete and correct information when registering your Patient Account. Any information beyond the mandatory fields is voluntary. Once your Patient Account is activated, you can log in using the email address provided during registration and the password you chose (together "Access Data") and manage your account independently. You may not rent or lend your Patient Account. There is no entitlement to be granted access. Your Patient Account is non-transferable, and you may not create more than one account. (3) You are solely responsible for the security of your Access Data, including keeping it strictly confidential and not disclosing it to third parties. If your Access Data becomes known to unauthorized persons, you must immediately change your password at a minimum. MizeBody assumes no liability for any damages related to stolen Access Data, its disclosure, or the fact that you have granted a third party access to your Patient Account. You must immediately inform MizeBody of any unauthorized use of your Access Data and promptly notify any changes in your information via email. (4) Your Patient Account is valid for an indefinite period. You can deactivate it by submitting a request in text form (e.g., by email) to MizeBody’s customer service. Your Patient Account will then be deactivated. This action is irreversible but does not affect the validity of the user agreement. In particular, any payment obligations toward the Platform Doctor at the time of deactivation remain unaffected.

2.2.3 Conclusion of the Treatment Contract

(1) MizeBody does not provide medical services itself. The treatment contract is exclusively concluded between the Platform Doctor and you as the patient. MizeBody supports the Platform Doctor in conducting remote treatment and managing data and claims by providing the platform. Your free choice of Platform Doctor and the doctor’s independence are always ensured. (2) Treatment begins either in the doctor’s office or via remote treatment, at which point a treatment contract is concluded between you and the Platform Doctor, and you owe the treatment fee to the Platform Doctor (Section 2.3). The contract is exclusively between you and the treating Platform Doctor. (3) The treatment contract requires successful pre-qualification. If pre-qualification fails due to incorrect answers in the Questionnaire or other information provided in the Treatment Request, the Platform Doctor may refrain from remote treatment. (4) Treatment occurs at the doctor’s office or online via video consultation if deemed appropriate by the doctor. The Platform Doctor independently chooses the suitable diagnostic or therapeutic method. (5) The Platform Doctor will immediately terminate remote treatment if it cannot be properly conducted for reasons beyond their control, e.g., poor digital transmission quality, patient inability to participate, or other factors preventing professional standards.

2.2.4 Fee

(1) You pay MizeBody a fee of currently €19.79 for each Treatment Request, which MizeBody will refund if you are deemed unsuitable for remote treatment based on the Questionnaire or if you validly withdraw the Treatment Request. (2) If remote treatment takes place, the fee you paid will be credited toward the Platform Doctor’s charges.

2.2.5 Issuance of Prescriptions

Prescriptions issued to you by the treating Platform Doctor during your treatment are made available in your Patient Account for forwarding by us to a Platform Pharmacy of your choice (Section 2.4). MizeBody reserves the right not to provide any additional documents.

2.2.8 Medical Providers

An overview of the Platform Doctors and Platform Pharmacies currently registered on the platform, from which you may generally choose freely, is provided in the Treatment Request flow. Please note that depending on platform workload and the scheduling of the respective Platform Doctor, a doctor may not always be available at all times.

2.3.1 Payment Processing; Fee Offset

(1) Medical services are billed to you by the treating Platform Doctor in accordance with the German Medical Fee Schedule ("GOÄ"). (2) The fee you have paid is offset against the GOÄ fees. (3) The use of the platform itself (including forwarding your prescription to a Platform Pharmacy of your choice) is free of charge for you.

2.3.2 Invoicing

Invoicing for medical services occurs immediately after their provision. For this purpose, MizeBody acts through a payment service provider appointed by MizeBody on behalf of the Platform Doctor.