General Terms and Conditions of RI Innovation GmbH

Status: 05.04.2021

Service description
RI Innovation GmbH operates a technical system that enables registered users to store and manage data related to the German healthcare system and to make it available to other users. It is an analysis, exchange and information retrieval software for commercial users from all areas of the health care industry. In addition to the analysis data provided, the user can also enter and use personal data and his own content. The user has the possibility to make data/content created and managed by him/herself available to other users. The purpose of the online service reimbursement.INFO is to contribute to the simplification of information procurement by providing a variety of different data on the German inpatient reimbursement system. We work transparently for this purpose.

Definitions
“User” means any natural person or legal entity that has registered to participate in the Services of RI Innovation GmbH and uses the Service.
“Service” is an internet-based software application, which is operated at https://reimbursement.INFO. Various documents, such as inquiry documents, contacts and file attachments are created as well as managed here. “Content” in the sense of these General Terms and Conditions is all content that the user or RI Innovation GmbH places on the platform and makes available on behalf of the user. “Platform” within the meaning of these General Terms and Conditions is the overall system which RI Innovation GmbH as “Operator” makes available to the User under reimbursement.INFO.

Scope of application
The following terms and conditions apply without exception to all declarations of intent, contracts and legal or quasi-legal acts between RI Innovation GmbH and the user. Counter-confirmations by the user with reference to his own terms and conditions of business and/or use are expressly rejected; these do not become part of declarations of intent, contracts and legal transactions or actions similar to legal transactions if the application of deviating terms and conditions has not been expressly confirmed in writing by RI Innovation GmbH.

Registration, costs, user account
The user clicks on the corresponding link on the website https://reimbursement.info to register. Here, the user is requested to determine a user name and a password. In order to register and use the service of RI Innovation GmbH, the user must proactively agree to the data protection provisions and the General Terms and Conditions of RI Innovation GmbH by means of a checkbox. Registration is carried out in compliance with the DSGVO under the double opt-in principle. By registering, the user makes a binding offer to conclude the user agreement. RI Innovation GmbH accepts the offer made by the user to conclude the user agreement by activating the service, whereby the contract is concluded.

Note: To improve the service offering and to promote transparency, we record and write down the activities of the users of the platform. Personal data from these recordings is not passed on to third parties without the explicit instruction of the user concerned.

Registration is reserved exclusively for users acting in accordance with the organization represented by the user. Registration with private e-mail domains is not permitted and excluded. In any case, the user is obligated to truthfully and, insofar as the relevant data must be provided, completely provide the data collected during registration or provided voluntarily. Freely invented user or organization names will result in immediate deletion of the account.

In particular, the user is not permitted to enter data of third parties. The person registering a legal entity or partnership also affirms that he or she is authorized to register the legal entity or partnership in accordance with its terms and that the contact persons and bodies named for the legal entity or partnership agree to their designation. The user account is not transferable or inheritable. A user account may only be used by one user at a time. The use of a user account by a user other than the registered user is prohibited.
Multiple registration under different user names is not permitted. The user must keep the password and the e-mail address used (hereinafter referred to as “access data”) secret and protected from access by unauthorized third parties. If the user has lost the access data or if he discovers or suspects that his access data is being used by an unauthorized third party, he must inform RI Innovation GmbH immediately and update the password and e-mail address on his own. RI Innovation GmbH reserves the right to refuse the registration of the user without giving reasons. Taken exports may be viewed and used exclusively by the organization with which a proper contract within the scope of these GTC has been concluded. A transfer or sale of data exported from the platform as well as a transfer of results from a further processing of data exported from the platform to third parties is prohibited and will be prosecuted in case of non-compliance.

If the user wishes to view and use the reimbursement.INFO service offer, this is possible to a limited extent and already in a non-registered state. The user receives an extended presentation in the free basic version after registration. The use in the basic version is basically free of charge and non-binding for all users. There is no limitation of runtime. Additional functions are offered for a fee, which can be activated optionally. This requires a separate written agreement between RI Innovation GmbH and the respective organization.

The posting of content
The user can upload a wide variety of content to the platform via his or her user account. If the content to be posted is already existing electronic files, these must be uploaded in common formats (e.g. PDF). RI Innovation GmbH reserves the right to use an external hosting provider to store the user’s data. RI Innovation GmbH also reserves the right to reject or delete content that is delivered in a non-customary format or where technical difficulties arise for other reasons. RI Innovation GmbH further reserves the right to reject any content provided by the user. The user has no right to have content posted or to have it remain on the platform. Insofar as RI Innovation GmbH accepts the content explicitly requested for publication by the user, this content will be displayed by the platform to defined users or user groups, indicating the number of views, downloads, prints and bookmarks.

Rights of use for the posting of content
In principle, the user retains all rights to the content posted and created on the platform. The user who posts content on the platform grants RI Innovation GmbH the transferable, unrestricted right to use the posted content. In particular, the user grants RI Innovation GmbH the right to post the relevant content on the platform, to process it, to evaluate it and to make any necessary copies of it, as well as to make the content available to third parties in any form, whether for a fee or free of charge, without this giving rise to any claim to remuneration on the part of the user. A transfer of personal data, unless this was explicitly requested by the user posting the content, will not take place. In the case of content for which the user can optionally request publication on the platform, the user alone decides whether he or she wishes to submit a request to RI Innovation GmbH for publication of the data. RI Innovation GmbH reserves the right to refuse the requested publication of the user’s content. RI Innovation GmbH also reserves the right to terminate the availability of already published content at any time. For the transferable and unrestricted right of use of RI Innovation GmbH to the content posted by the user on the platform, the user receives no remuneration in money. In return for the granting of rights, RI Innovation GmbH enables the user to access, process and evaluate its own content within the scope of the service and the period of use of the service by the user, as well as to publish its own content, if provided for and approved by RI Innovation GmbH, and thus to make it available to its respective target group(s) defined by the platform. The parties consider this consideration or parts thereof as a total appropriate remuneration for the transferable, unrestricted right of use of RI Innovation GmbH to the posted content of the user.

Illegal contents
The user undertakes vis-à-vis RI Innovation GmbH not to post any illegal content on the platform. In particular, the user will not post, deliver, offer, provide access to or advertise content on the platform that violates the provisions of the German Criminal Code or the German Narcotics Act, the German Medicines Act or the German Weapons Act.

Trademarks and other property rights of RI Innovation GmbH
The user acknowledges that all rights to the service of RI Innovation GmbH and its labeling, including any trademark, patent, copyright or license rights or other rights or comparable legal positions in relation to the user are the exclusive property of RI Innovation GmbH. In particular, the user is not granted any rights to use the software of RI Innovation GmbH. Therefore, the user is in particular prohibited from copying, editing or making the software of RI Innovation GmbH publicly available. It is also prohibited to locate the source code of the software, to sell or assign the software, to grant sublicenses in this regard or to transfer any rights to the software.

Warranty of the user
The user warrants to RI Innovation GmbH that he/she is authorized to transfer the rights to the uploaded documents.
The user further warrants that he/she will not upload any content that infringes upon the rights of third parties or whose content violates these GTC. If there are any indications, it is the sole responsibility of the user to check whether the content infringes on the rights of third parties. The user refrains from the automated use and/or automated retrieval of data. Automated reading is not permitted and is hereby expressly prohibited.

Disclaimer
RI Innovation GmbH makes no warranties regarding the results that may be obtained from the use of the service or regarding the accuracy, completeness, or timeliness of the information available through the service. Despite careful examination of the posted contents on the part of RI Innovation GmbH, the final examination is incumbent upon the user. Liability claims against the operator, which refer to damages of material or immaterial nature caused by use or disuse of the information or the use of incorrect or incomplete information are excluded, unless RI Innovation GmbH is not intentional or grossly negligent fault. All offers are subject to change and non-binding. Parts of the pages or the complete publication including all offers and information might be extended, changed or partly or completely deleted by RI Innovation GmbH without separate announcement. In all other respects, the warranty of RI Innovation GmbH is governed by the statutory provisions.

Maintenance windows, scope of functions and updates
RI Innovation GmbH offers its software in the current version. For this purpose, it is necessary to interrupt the provision of the service for maintenance at irregular intervals. RI Innovation GmbH provides maintenance windows of up to twelve hours duration for this purpose. If possible, RI Innovation GmbH will carry out the maintenance at times of low user frequency, especially at weekends. In case of planned maintenance work on the software, RI Innovation GmbH endeavors, but is not obligated, to inform the user about this at least 3 days before the planned maintenance. RI Innovation GmbH expressly reserves the right to make updates with regard to the scope of functions delivered and can thus expand, change and remove functions without any special right of termination and/or claims for damages being derived from this.

Violations of the General Terms and Conditions
If a user violates these General Terms and Conditions, RI Innovation GmbH is entitled to warn the user and/or to temporarily or permanently block the user’s account without prior notice in order to urge the user to comply with his or her obligations. In addition, an extraordinary termination of the user relationship can be pronounced.

Term and termination of the user agreement
Free basic version: The account can be deleted independently under My -> My organizations -> Selection of the organization to be deleted > Delete organization.

Paid premium version: Insofar as an agreement has been made for the use of the paid premium account, this is always bound to the defined term. Unless otherwise defined, the term begins on the day of invoicing. The term is automatically extended by a further year, unless notice of termination is given within the period described or other deviating agreements have been made. The notice period is one month (30 days) before the expiration of the membership. The notice must be in writing, by e-mail or by postal delivery.

The right to extraordinary termination remains unaffected. An extraordinary termination by RI Innovation GmbH is possible in case of violations of these GTC and of the obligation to truthfully provide the required data (in particular deception of identity), as well as otherwise for good cause, in particular in case of loss or suspicion of misuse of the access data by a third party. Termination on the part of RI Innovation GmbH can be effected by deleting the user account in question and its contents. In the event of a user account being blocked by RI Innovation GmbH for good cause, the affected user is prohibited from re-registering on the platform and opening a new user account until RI Innovation GmbH has given its express prior consent.

Data protection
RI Innovation GmbH uses the personal data provided by the user, such as first name, last name, telephone number, fax number as well as e-mail address exclusively for the purpose of processing the contractual relationship within the scope of the service of RI Innovation GmbH. More about data protection.

Changes to the General Terms and Conditions of Use
RI Innovation GmbH reserves the right to change these General Terms and Conditions and to extend the service for new features. The changes or the new General Terms and Conditions will be communicated to the user in writing or in electronic form. The user will be informed separately of the General Terms and Conditions valid at the time of the change. In case the user decides against the validity of the changes or new General Terms and Conditions, RI Innovation GmbH reserves the right to make use of its right to terminate the rights of use. The currently valid GTC can be viewed by the user at https://reimbursement.info.

Final Provisions
The exclusive place of jurisdiction for all legal disputes arising directly or indirectly from the contractual relationship between RI Innovation GmbH and the user is Cologne. The contractual relationship between RI Innovation GmbH and the user as well as these general terms and conditions shall be governed exclusively by the laws of the Federal Republic of Germany. The application of German international private law is excluded.

Notes on gender: We refrain from using gender because of the better readability!