1.1. The use of the “avocadoc” platform (hereinafter “Platform”) is subject to these Terms of Use.
1.2. The operator of the Platform is neckaralb gesund GmbH, Pfleghofstr. 8, 72070 Tübingen, Germany. neckaralb gesund GmbH has entered into a contractual relationship with each user (hereinafter “Contractual Relationship”), which includes, among other things, the provision of and access to the Platform.
1.3. By using this Platform, the user agrees to these terms.
1.4. Users have the right to use the services of the Platform in accordance with the specified terms. They are obliged to respect the rights of third parties and comply with all applicable laws and regulations.
2.1. The Platform provides the opportunity to use medical consultations via video calls.
2.2. Doctors may issue prescriptions in accordance with applicable legal provisions and transmit them to the user.
2.3. Services are provided exclusively after prior appointment booking through the Platform.
3.1. The Platform may only be used by adult users.
3.2. Users agree not to take any actions that could impair the integrity and functionality of the Platform and its services.
3.3. neckaralb gesund GmbH may temporarily restrict the availability of the Platform or individual services for technical reasons (such as maintenance) or due to circumstances beyond the Platform’s control.
3.4. Use of the Platform requires prior registration with truthful, complete, and up-to-date data.
3.5. Access data must be kept confidential and not disclosed to third parties.
3.6. The Platform may only be used for the user’s own medical concerns.
3.7. Users may not misuse the Platform, in particular not for fake requests, the procurement of prescription medicines without medical necessity, or for unlawful purposes.
4.1. Liability of the Platform
The Platform is liable under statutory provisions only for damages resulting from injury to life, body, or health caused by intentional or negligent breach of duty; for damages caused by intentional or grossly negligent breach of duty; as well as for damages resulting from culpable violation of essential contractual obligations (cardinal obligations).
In the latter case, liability is limited to foreseeable, typical contractual damages.
The Platform is not liable for damages resulting from improper use or technical malfunctions, unless caused by intent or gross negligence.
4.2. Liability of Doctors
Doctors are independently liable for medical consultations, treatments, and issuing prescriptions in accordance with applicable laws and their professional obligations. The operator is not liable for medical decisions or their consequences.
Medical content and recommendations are based on the information available at the time of consultation. No liability is assumed for incomplete or incorrect information provided by the user.
4.3. No Liability for Technical Failures
The operator assumes no liability for damages caused by technical disruptions, interruptions, or failures of the Platform, unless attributable to intent or gross negligence.
4.4. Duty of Cooperation by Users
Liability is excluded if damage results from incomplete or incorrect information provided by the user.
4.5. Exclusion for Emergencies
The Platform is not suitable for medical emergencies. Liability for damages resulting from using the Platform instead of seeking necessary emergency care is excluded.
5.1. The Platform processes users’ personal data in accordance with applicable data protection laws. Information pursuant to Art. 13, 14 GDPR can be found here: www.avocadoc-datenschutz.de
5.2. User data is encrypted and securely stored.
6.1. The Platform and its content are protected by intellectual property rights and remain the property of the Platform.
6.2. The use of trademarks and logos of the Platform requires prior express consent of the Platform.
7.1. The user contract with the Platform runs for an indefinite period.
7.2. Upon termination of a consultation, the rights and obligations under these Terms of Use also end (except for post-contractual duties of care and statutory retention obligations).
7.3. In case of violation of these terms, the Platform reserves the right to terminate the contract without notice for good cause.
8.1. neckaralb gesund GmbH reserves the right to update or amend these Terms of Use at any time without prior notice. Changes take effect as soon as they are published and the user agrees to them. Without consent to the amended Terms of Use, continued use of the Platform may not be possible.
8.2. Use of the Platform requires a compatible device, internet access, and possibly the latest version of the Platform software.
8.3. For questions or problems regarding the use of the Platform, users may contact our customer service at [email protected].
8.4. The Platform strives for continuous availability but cannot guarantee it. Maintenance, technical issues, or force majeure may temporarily restrict or prevent use.
9.1. If any provision of these Terms of Use is wholly or partially invalid, unenforceable, or void, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid, unenforceable, or void provision with a valid and enforceable one that most closely reflects the economic purpose of the original provision. The same applies to any contractual gaps.
9.2. These Terms of Use are subject exclusively to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
9.3. For all disputes/claims arising in connection with these Terms of Use, the parties agree that the place of jurisdiction shall be the registered office of neckaralb gesund GmbH, if the customer is a merchant, a legal entity under public law, or a special fund under public law. Place of performance is Tübingen.
