Online Portal Terms & Conditions

November 2023

1. Scope

The ELUCID Online Portal ("Online Portal") is an online Online Portal provided by Elucid GmbH, Oranienburger Straße 23, 10178 Berlin, Germany ("Elucid"). By using the Online Portal, you agree to these Online Portal Terms.

2. Accepted use of the Online Portal

The Online Portal is intended exclusively for use by Customers to access data of beneficiaries of health services (“Beneficiaries’”). You may use the Online Portal only in connection with health care and related services provided by Elucid.

3. Availability

Elucid strives to achieve an adequate availability of the Online Portal. However, no minimal availability is guaranteed. Elucid may especially limit or completely discontinue the availability of the Online Portal at any time, in particular if this is necessary with regard to capacity limits, the security or integrity of the servers or to carry out technical maintenance and repair work.

4. Unauthorised use

4.1 You may only use the Online Portal for the purposes stated above. You must refrain from any improper or unlawful use of the Online Portal. You may not manipulate, modify or edit the Online Portal.

4.2 You must not bypass or attempt to bypass any security features of the Online Portal.

4.3 You may not upload or process any content that violates any applicable laws.

4.4 Elucid is entitled to block your access to the Online Portal without prior warning and without setting a deadline if you do not use the Online Portal in accordance with these Online Portal Terms.

5. Rights of use

5.1 Elucid is entitled to all rights to the Online Portal. You receive from Elucid the free, non-exclusive, non-transferable and non-sublicensable right to use the Online Portal in accordance with these Online Portal Terms.

5.2 For information on the use of third-party components in the Online Portal and the applicable licence terms in each case, please refer to the open source licence notes in the Online Portal.

6. Data protection

Insofar as personal data is collected and processed, this is done exclusively as described in the Privacy Policy. As far as you provide Elucid with personal data of Beneficiaries, Elucid will process this data in accordance with Elucid’s contractual relationship with the Beneficiaries as Data Controller or as Data Processor for Elucid’s Clients.

7. Warranty and Liability

Since the Online Portal is provided to the user free of charge, liability for defects with regard to the Online Portal is excluded except in the case of intent or fraudulent concealment of a defect. The liability of Elucid is limited to intent and gross negligence. The limitations of liability in this clause do not apply in the event of injury to life, limb or health, in the event of fraudulent concealment of a defect.

8. Changes

8.1 Elucid reserves the right to change these Online Portal Terms in a way that is reasonable for you and only with effect for the future. You will be expressly informed of a change to the Online Portal Terms via the Online Portal. The current version of the Online Portal Terms always applies to you.

8.2 Furthermore, Elucid reserves the right, at its own discretion, to expand or shorten the scope of the Online Portal at any time, to change functionalities or to shut down the Online Portal in total.

9. Jurisdiction, Applicable Law

The exclusive place of jurisdiction for all claims arising from or in connection with the Online Portal is Berlin, Germany. The laws of Germany shall apply exclusively to all disputes arising from or in connection with the Online Portal.

10. Severability clause

Should any provisions of these Online Portal Terms be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions which come as close as possible to the economic purpose of the contract, taking due account of the interests of both parties.