The following terms of use govern the use of the web and app application offered under the name “Smart Practice” (hereinafter: “Application”) of m.Doc GmbH, Cologne. With Smart Practice, we bring patients and healthcare providers together and facilitate digital healthcare, in particular we offer video consultations. However, we do not provide any medical or therapeutic services ourselves. The treatment contract is concluded exclusively between the patient and the healthcare provider and is not the subject of our service. m.Doc assumes no liability for the healthcare provider providing its service properly.

1 Scope of application

The use of the application is permitted to our customers and their patients. The application can be accessed via the link https://smartpractice.mdoc.one/.

2 Requirements for the use as a patient

1. the application may only be used by patients who are 18 years or older.

2. to use the application as a patient, a desktop PC or mobile device that has internet access and a current browser version is required:
Desktop computer
– Windows 8.1, or newer
– macOS 10.13, or newer
– Linux Ubuntu 14.04, or newer
Mobile devices
– Android 8, or later
– iOS 12, or newer Supported Internet browsers
– Chrome 29, or newer
– Mozilla Firefox 22, or newer
– Safari for iOS 7.0, or newer
– (see spec. SetUp: Safari-mdoc-settings.pdf)
– Chrome for Android 79, or newer
We are not responsible for compliance with these requirements. This is solely your responsibility.

3. we provide the app application free of charge for download, installation and use for Apple iPhone® via iTunes® App Store and for Android devices via Google PlayStore. The legal relationship with the portal operator (App Store) is not the subject of these Terms of Use. Only the terms and conditions of the portal operator apply in this regard. The costs for mobile internet use depend on the tariffs of your provider.
4. you can use the application both with registration (i.e. with user account) and without. In both cases, your doctor can see your name for the video consultation. When registering, you create a user name and password yourself to log in. When using without registration, your doctor will give you a one-time password that is valid 15 minutes before to 15 minutes after your video consultation appointment. You will enter this password to use the video consultation without registration.
You are responsible for ensuring that your password and user ID are not accessible to third parties. When entering the data for registration, please make sure that they cannot be spied out by third parties. If you suspect that someone has unauthorized knowledge of them or that they are being used without authorization, contact your physician. We recommend that you provide your devices with a code lock so that they are better protected, for example, in the event of theft. Due to the sensitivity of your data, we recommend that you always log out manually after completing your request. We do not assume any liability in case of misuse.
6. recordings of the video consultation are not permitted.

3 Prerequisites for use as a doctor

1. to use the web application as a doctor, you must have a desktop PC with Internet access and support for the latest version of the Google Chrome browser.
As a physician, you have at least the following equipment:
– Camera
– Screen (monitor, display, etc.): – Screen diagonal: at least 3 inches
– Resolution: at least: 640×480 px
– Bandwidth: at least 2000 kbit/s in download
– Microphone
– Sound reproduction unit
We are not responsible for compliance with these requirements. This is solely your responsibility. Prerequisite for use is prior registration via our website. After successful registration, you will receive user names and passwords for the handlers. You must change the passwords when you log in for the first time. As a physician, you can only schedule and make one video call at a time.If appointments overlap, patients will be routed to a virtual waiting roomAll other calls will be routed to your virtual waiting room.

2. you are responsible for ensuring that your password and user ID are not accessible to third parties. When entering the data for registration, please make sure that these cannot be spied out by third parties. If you suspect that someone has unauthorized knowledge of them or that they are being used without authorization, please contact us. We recommend that you lock your devices so that they are better protected, for example, in the event of theft. Due to the sensitivity of your data, we recommend that you always log out manually after completing your request. We do not assume any liability in case of misuse.
3. recordings of the video consultation are not permitted.

4 Scope of services

1. the application offers you the following content-related functions:
– Registration as a patient or as a doctor
– Self-registration as a patient
– Use of the video consultation without registering as a patient
– Booking/scheduling of an appointment for a video consultation
– Execution of the video consultation between doctor and patient, as well as group consultation with several doctors and patients
– Chat function between doctors and between doctor and patient
2. the application offers the following technical functions: The transmission of the video consultation takes place via a peer-to-peer connection between you and your patient, without using a central server. All contents of the video consultation are encrypted end-to-end during the entire transmission process according to the state of the art. The software used is adaptive in the event of fluctuations in connection quality with regard to sound and image quality. It is up to you, the patient and the doctor, to decide whether to continue the video consultation if the sound and image quality deteriorates. All contents of the video consultation are neither viewed nor stored by us. We only use servers in the European Economic Area (EEA). All metadata is deleted after three months at the latest and is only used for the processes necessary for handling the video consultation. We do not share the data. We do not place any advertising within the scope of the application.

5 Granting of use

1. the contents offered via the application are protected by copyright. We make them available to you exclusively for your own non-commercial purposes. We grant you a simple, non-exclusive right of use for the application. 2.
You may not distribute or otherwise transfer the Application, in whole or in part, to any third party (including renting, leasing, lending or sublicensing). You are also prohibited from modifying, reverse engineering, decompiling, disassembling, or otherwise determining the source code of the Application or any portion thereof, and from creating, reproducing, or decompiling derivative works of the Application.

6 Availability

1. the services of the application are offered to you subject to availability. We make every effort to ensure that the services are available to you without disruption. Due to maintenance work and/or further development and/or other disruptions, the possibilities of use may be limited and/or temporarily interrupted. This does not give rise to any claims for compensation on your part.
We are entitled to change or discontinue the services offered at any time at our own discretion without notice.

7 Data protection

Please refer to the privacy policy for this application.

8 Liability

1. general principles We do not provide any guarantees/warranties regarding the accuracy of the content, timeliness and completeness of the content or suitability for certain uses/availability, reliability, functionality or suitability of the application for your purposes. Liability is excluded unless required by law, e.g. under the Act on Product Liability or in cases of willful misconduct, gross negligence, personal injury or death, failure to meet guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. Material contractual obligations are obligations the fulfillment of which is essential to the proper performance of a contract and on the fulfillment of which the contracting parties may regularly rely. Damages for breach of material contractual obligations shall be limited to the foreseeable damage typical for the contract, unless caused by intent or gross negligence.

2. liability for content As a service provider, we are responsible for our own content in this application in accordance with general legislation pursuant to Section 7 (1) of the German Telemedia Act (TMG). According to §§ 8 to 10 TMG, however, we are not obligated as a service provider to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information under the general laws remain unaffected. However, liability in this regard is only possible from the point in time at which a concrete infringement of the law becomes known. If we become aware of any such infringements, we will remove the relevant content immediately.

9 Changes

We reserve the right to add or remove features. We reserve the right to change and adapt the terms of use. You will be informed about this in an appropriate manner.

10 Applicable law

The legal relationship between you and us is governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which you as a consumer have your habitual residence, shall remain unaffected. Should individual provisions of these Terms of Use be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions.

Status: February 2022