General Terms of Use of RI Innovation GmbH

 

Status: October 19, 2023

 

These Terms of Use supplement the General Terms and Conditions of RI Innovation GmbH (Reimbursement Institute), Lehnengasse 20a, 50354 Huerth, Germany, available at https://reimbursement.institute/en/terms-and-conditions/ and apply to both registered and unregistered users of the information available at https://reimbursement.institute / https://reimbursement.info / https://app.reimbursement.info. Counter-confirmations with reference to RI Innovation GmbH’s own terms and conditions of business and/or use are expressly rejected; these shall 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.

The current version of the Terms of Use can be accessed at https://reimbursement.info/en/terms-and-conditions/ and printed out or requested in writing by sending an email to info@reimbursement.institute.

 

Definitions

“Platform” within the meaning of these Terms of Use is the overall system that RI Innovation GmbH as the operator makes available to the user or user at https://reimbursement.info.

“Content” within the meaning of these Terms of Use is all files and data records that the user or RI Innovation GmbH places on the platform on behalf of the user and optionally makes available.

“Service” or “Online Service” is an Internet-based software application operated at https://app.reimbursement.info. Various contents are created and managed here.

“User” is any natural or legal person who uses the RI Innovation GmbH service without registering.

“User” is any natural or legal person who has registered to participate in the RI Innovation GmbH service and uses the service.

 

Service description

RI Innovation GmbH operates a technical system (information service) that enables users to store and manage data relating to the German healthcare system and make it available to other users. It is an analysis, exchange and information procurement software for commercial users from all areas of the healthcare industry. In addition to the analysis data provided, users can also enter and use personal data and their own content. The user also has the option of making data/content created and managed independently available to other users. The purpose of the reimbursement.INFO online service is to simplify the procurement of information by providing a variety of different data on the German inpatient reimbursement system. To this end, we work transparently.

 

§ 1 Registration, costs, user account

To register, the user clicks on the corresponding link on the website https://reimbursement.info. The user will be asked to choose a user name and password. In order to register and use the RI Innovation GmbH service, the user must proactively agree to the application of the data protection provisions and the terms of use in addition to the General Terms and Conditions of RI Innovation GmbH by ticking a checkbox. Registration is carried out in compliance with the GDPR using the double opt-in principle. By registering, the user submits a binding offer to conclude the user agreement. RI Innovation GmbH accepts the offer requested by the user to conclude the user agreement by activating the service, whereby the contract is concluded. Note: In order to improve the services offered and to promote transparency, we record and write down the activities of users and users of the platform. Personal data from these recordings will not be passed on to third parties without the explicit instruction of the user concerned. Registration is reserved exclusively for users acting on behalf of the organization represented by the user. Registration with private e-mail domains is not permitted and excluded. In any case, the user is obliged to provide truthful and, if the relevant data must be provided, complete information about the data collected voluntarily during registration. Fictitious user or organization names will result in the immediate deletion of the user account and the data linked to it, as well as other linked user accounts. In particular, the user is not permitted to enter data of third parties. The person registering a legal entity or partnership also assures that they are authorized to register the legal entity or partnership and that the contact persons and bodies appointed for the legal entity or partnership agree to their appointment.

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 anyone 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 loses the access data or 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 himself. The user can do this within his user account or via the password reset function at https://app.reimbursement.info. RI Innovation GmbH reserves the right to reject the user’s registration directly or subsequently without giving reasons. Extracted exports may only be viewed and used for the purposes of the organization with which a proper contract within the scope of these GTC has been concluded.

Passing on or selling data exported from the platform as well as passing on the results of further processing of data exported from the platform to third parties is prohibited and will be prosecuted in the event of non-compliance.

If the user wishes to view and use the services offered on https://reimbursement.info, this is already possible to a limited extent as a user. The user receives an extended presentation in the free basic version after registering as a user. Use of the basic version is generally free of charge and non-binding for all users. There is no time limit. Additional functions are also offered for a fee, which can be requested as an option. Such offers require a separate written agreement between RI Innovation GmbH and the respective organization.

 

§ 2 Posting content

The user can upload content of all kinds to the platform via his user account. If the content to be uploaded is already existing electronic files, these must be uploaded in the formats specified by the platform (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-standard format or that causes technical difficulties for other reasons, either directly or subsequently, without prior notice.
RI Innovation GmbH also reserves the right to reject the user’s content.

The user has no claim to the posting of content or its retention 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, stating the number of views, downloads, prints and bookmarks.

 

§ 3 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 content posted. In particular, the user grants RI Innovation GmbH the right to post the content in question on the platform, to process and evaluate it and to make any necessary reproductions and to make the content available to third parties in any form, whether for payment or free of charge, without the user being entitled to any remuneration as a result.

Personal data will not be passed on unless this has been explicitly requested by the user posting the content. In the case of content for which the posting user can optionally request publication on the platform, the posting user alone decides whether he/she wishes to submit a request to RI Innovation GmbH to publish 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 previously published content at any time without prior notice.

The user shall not receive any monetary compensation for RI Innovation GmbH’s transferable and unrestricted right to use the content posted on the platform by the user. 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 functional scope of the basic version (see also Section 1 (5)) of the service, as well as, if acquired by separate agreement with RI Innovation GmbH, within the scope of additional functions subject to a charge and within the scope of the period of use of the service by the User, and 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 regard this consideration or parts thereof as appropriate remuneration for RI Innovation GmbH’s transferable, unrestricted right to use the user’s posted content.

 

§ 4 Illegal content

The user undertakes vis-à-vis RI Innovation GmbH not to post any illegal content on the platform. In particular, the user shall not post, supply, offer, provide access to or advertise any 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.

 

§ 5 Trademarks and other property rights of RI Innovation GmbH

The user acknowledges that all rights to the RI Innovation GmbH service and its identification, 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 of use to the software of RI Innovation GmbH. The user is therefore prohibited in particular from reproducing, editing or making publicly accessible the software of RI Innovation GmbH. It is also prohibited to locate the source code of the software, to sell or assign the software, to grant sublicenses in this respect or to transfer any rights to the software.

 

§ 6 Warranty of the user

The user warrants to RI Innovation GmbH that he/she is authorized to transfer the rights to uploaded documents and other content posted by him/her.
The user further warrants that he will not upload any content that infringes the rights of third parties or whose content violates these Terms of Use. If there are any indications, it is the sole responsibility of the user to check whether the content infringes the rights of third parties. The user shall refrain from the automated use and/or automated retrieval of data available via the services. Automated retrieval is not permitted and is hereby expressly prohibited.

 

§ 7 Exclusion of liability

RI Innovation GmbH assumes no warranty with regard to the results that can be achieved through the use of the service or with regard to the correctness, completeness and up-to-dateness of the information available within the framework of the service. Despite careful examination of the content provided by RI Innovation GmbH, the final examination is the responsibility of the user. Liability claims against RI Innovation GmbH relating to material or non-material damage caused by the use or non-use of the information provided or by the use of incorrect or incomplete information are fundamentally excluded, unless there is evidence of wilful intent or gross negligence on the part of RI Innovation GmbH. All offers are subject to change and non-binding. RI Innovation GmbH expressly reserves the right to change, supplement or delete parts of the pages or the entire offer without prior notice or to cease publication temporarily or permanently. RI Innovation GmbH’s warranty is otherwise governed by the statutory provisions.

 

§ 8 Maintenance window, scope of functions and updates

RI Innovation GmbH offers its software in the latest 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 for this purpose. RI Innovation GmbH will carry out maintenance work at times of low user frequency, particularly at weekends. In the event of planned maintenance work on the software, RI Innovation GmbH will endeavor, but is not obliged, to inform the user of this at least 3 days before the planned maintenance. RI Innovation GmbH expressly reserves the right to update the scope of functions supplied and can therefore extend, change and remove functions without this giving rise to a special right of termination and/or claims for damages.

 

§ 9 Violations of the terms of use

If a user violates these Terms of Use or the General Terms and Conditions in whole or in part, RI Innovation GmbH is entitled to warn the user and/or to temporarily or permanently block his/her user account without prior notice in order to require him/her to comply with his/her obligations. In addition, extraordinary termination of the user relationship may be pronounced.

 

§ 10 Term and termination of use

Free basic version: The user account can be deleted independently under My >> My organizations >> Select the organization to be deleted >> Delete organization.

Paid premium version: If an agreement has been made to use the paid premium version, this is always bound to the defined term. Unless otherwise defined, the term begins on the day the invoice is issued. 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 membership expires. Notice must be given in writing, by e-mail or by post.

The right to extraordinary termination remains unaffected by this. Extraordinary termination by RI Innovation GmbH is possible in the event of breaches of these GTC and of the obligation to provide the required data truthfully (in particular misrepresentation of identity), and otherwise for good cause, in particular in the event of loss or suspected misuse of the access data by a third party. RI Innovation GmbH may terminate the contract by deleting the relevant user account and its content. If the user account is blocked by RI Innovation GmbH for good cause, the user concerned is prohibited from re-registering on the platform and opening a new user account until RI Innovation GmbH has given its express prior consent.

 

§ 11 Data protection

RI Innovation GmbH uses the personal data provided by the user, such as first name, surname, telephone number, fax number and emmail address, exclusively for processing the contractual relationship within the scope of the RI Innovation GmbH service. More on data protection.

 

§ 12 Changes to the terms of use for the use of services via https://reimbursement.info

RI Innovation GmbH reserves the right to amend these terms of use and to add new features to the service. The user will be notified of any changes to these terms of use in writing or in electronic form. The user will also be notified separately of the new terms of use at the time the change comes into effect. In the event that the User decides against the validity of the changes, RI Innovation GmbH reserves the right to exercise its right to terminate the rights of use.