Terms of Use for Healthcare Professionals and End-users

These Terms of Use are concluded between 8awake GmbH, Schellingstrasse 22, 80799 Munich, Germany (hereinafter "8awake") and a natural person, end user or healthcare professional (hereinafter "User").

These Terms and Conditions of Contract and Use govern, among other things, the contractual relationship regarding the provision and use of the software products of 8awake (hereinafter "Software") as well as the terms of use, the liability and warranty on the part of 8awake, the given obligations of the User as well as the extension and termination of the contractual relationship between the parties, furthermore the use of data through the use of the Software provided by 8awake and all other facts listed in the following paragraphs for the contractual relationship between the User and 8awake.

§ 1 Subject matter of the contract and liability

8awake develops and operates software products for healthcare professionals, including a service for personal identification ("Single Sign-On Service") as a healthcare professional on the Internet. This enables users to identify themselves as healthcare professionals on websites, at events or for other purposes using the DocID service. For this purpose, 8awake verifies the identity and membership of medical professionals of the user and issues the user with personal access data. The use of 8awake software products does not result in any transfer of ownership rights to the software or individual services to the user.

The software offered by 8awake is operated exclusively on the infrastructure and servers of 8awake and provided on an internet-based basis as a "software as a service" solution. The only exceptions are some software extensions provided by DocID for easy integration into third-party systems. In this case, 8awake merely provides access to the software. The use of the software for illegal or criminally relevant purposes is strictly prohibited and will result in prosecution. All contractual relationships between 8awake and the user or future legal transactions are subject to these contractual and usage conditions.

§ 2 Registration, account and cancellation

The software offered by 8awake is only available to natural persons and legal entities with full legal capacity. The user has the option of registering and authenticating himself with the software by registering a personal profile (hereinafter "account"). Registration for an Account takes place on the DocID website (https://docid.app) or the DocID smartphone application. The data requested during registration must be answered completely and truthfully by the user. Each user is only authorised to create one account; any further accounts created must be reported to 8awake immediately. The user authorises 8awake to store the personal data entered and other content provided until revoked by the user and to publish it in accordance with the settings made by the user. In particular, the user agrees that the data and professional information provided may be passed on to and processed by third parties who use the software to authenticate users on their website or smartphone application.

The use of certain functions or services is restricted to members of the medical profession, persons undergoing medical training and employees of the pharmaceutical industry or associated service companies. 8awake is authorised to obtain and store current proof of membership of healthcare professionals or a corresponding training certificate or proof of industry affiliation when a user registers and at any later point in time. DocID reserves the right to refuse registration or activation of the account. There is no entitlement to registration and activation. If this status changes, the user is obliged to inform 8awake of these changes immediately.

A registered user can delete their account at any time; 8awake is authorised to delete an account with a notice period of 30 days. The user's access data to the account will remain activated as long as they are required for the fulfilment of the contract. Deletion of the account for good cause remains unaffected by this, in particular in the event of serious breaches of these terms and conditions of use due to untrue or incorrect personal data provided during registration, the disclosure of personal access data to third parties, misuse of the software and other legal offences in connection with the use of the software. 8awake reserves the right to delete the account of the user concerned if the user revokes or significantly restricts their consent to data processing. This is particularly the case if the restriction results in a functional impairment of the Software.

8awake reserves the right to delete accounts of users whose users are not real persons or are registered with the software multiple times, have repeatedly violated these terms of use, or have not used the software for more than 6 months or can no longer be contacted using the contact details they have provided. Once the contract has been processed, 8awake will delete the user's personal data if it is no longer required.

§ 3 Maintenance, updates of the software and availability

8awake reserves the right to carry out regular maintenance or important updates to the software provided. This may lead to a temporary failure or a lack of or limited accessibility of the 8awake software. The user has no claim to uninterrupted or error-free availability of the software or to the implementation of updates or product changes by 8awake.

§ 4 Warranty, liability and limitation period

The warranty of 8awake is limited to the intended functions of the software provided to the customer. In particular, 8awake is not liable for the achievement of a certain result or the setting of a certain success through the use of the software by the customer.

§ 5 Other provisions

The offer of 8awake as well as these terms of use are subject to German law under exclusion of the conflict of laws.

8awake reserves the right to change these Terms of Use at any time. 8awake will inform users of such changes immediately in writing by e-mail or when using the software. If a user does not object within 30 days after receipt of the information, the changes to the Terms of Use shall become effective and shall be deemed accepted. 8awake will inform the affected user of this separately with the notification of change.

Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, this shall not affect the validity of the remainder of the contract. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.