1.3 The contractual language is English.
1.4 Some clauses only apply to you if you are a consumer [“ Verbraucher”] according to Section 13 German Civil Code (hereafter “BGB”) or entrepreneur [“ Unternehmer”] according to Section 14 BGB. You are a consumer if you use the software for purposes neither mainly associated with your commercial activities nor mainly associated with your self-employment. An entrepreneur is a natural person, legal entity or partnership, which or who acts within their commercial activities or their self-employment when concluding this contract. Smart Reporting expressly makes clear any limitation of applicability of the respective Section.
2.1 We offer you access to the software through the website. The software is a browser-based software for radiological diagnosis (Software as a Service, SaaS). Physicians that comply with the necessary legal requirements to perform X-ray, magnetic resonance imaging, computer tomography, mammography, ultrasound or other examinations of persons (hereafter “radiologists”), and operators of hospitals and radiology clinics (hereafter together “users”). You may use the Software to issue radiological reports (hereafter “reports”) or to have such reports issued, or partly issued. Smart Reporting itself does not issue reports and does not offer them.
2.2 Smart Reporting offers the software in a basic version and in a PROFESSIONAL version.
2.2.1 As a user of the basic version you are granted a personal account on the platform (hereafter “user account”) after registration. By means of the user account you have access to a limited amount of radiological templates (hereafter “smart templates”), as well as modules for classification, scale division etc. for specific issues (hereafter “smart modules”), that assist you or the radiologists employed at your hospital or clinic (hereafter “employees”) in wording your own reports for your patients by providing a report structure along with proposed building blocks of text (hereafter “structured online reporting”).
You may navigate through the report structure by activation of function buttons or with the help of a voice control.
At the end of this structured online reporting, Smart Reporting proposes a wording for the report (hereafter “proposed wording”) on the platform. You have to verify the proposed wording as required, then copy it and save it on your computer or server.
2.2.2 Section 2.2.1 applies to use of the PROFESSIONAL version provided that: You may integrate the software into your existing IT system (e.g. RIS). You then receive access to all smart templates and smart modules. The proposed wording will be exported. A manual transfer is not required.
2.3 Smart Reporting also offers you a diagnostic report editor which enables you to create your own smart templates, smart modules and translations which you may share with selected users or publish on the website according to Section 11.
2.4 In addition to the use of structured online reporting you may also use the website to exchange information. For this purpose you may upload texts, photos, graphics, videos, or other material (hereafter “material”) or link such material to the software.
2.5 Smart Reporting renders service features in conjunction with the software and the diagnostic report editor (hereafter “smart radiology service”) and supports you individually with your first installation as well as with adjustment and new development of smart templates and smart modules (hereafter “individual services”).
2.6 Smart Reporting does not provide internet access or any other technical services that are required to use the software.
2.7 Smart Reporting continuously strives to optimize and enhance the software. This may require changes, particularly with regard to the technical requirements of structured online reporting.
2.8 Smart Reporting may at all times assign wholly or in part the softwares operation to subcontractors. Subcontractors are contractually bound by Smart Reporting’s data privacy rules and obliged to maintain confidentiality.
3.1 You may use the website only after registration. Registration requires compulsory information that is requested during the registration process (hereafter “contract data”). You assure that the contract data is complete and correct and that you have not used the data of third persons. You shall inform Smart Reporting immediately of any changes to the contract data.
3.2 The following provisions apply as far as a contract about using the software (hereafter: “user contract”) has not already been concluded by signing a separate agreement:
3.2.1 By completing the registration procedure you make a binding offer to form the user contract (hereafter “offer”). Prior to this we provide you with a summary of the contract data in a confirmation window. You may correct the data by using the buttons provided. Your offer will be binding on you for 5 working days. Within this period of time, Smart Reporting reserves the right to accept or decline your offer. You are not entitled to claim the conclusion of the user contract.
3.2.2 After registration you will receive an email confirming the conclusion of the user contract (hereafter “confirmation”). On receipt of the confirmation the user contract is valid and binding. Smart Reporting will now create your user account. Smart Reporting will store the confirmation, but you cannot open it and look at it again on the website.
3.3 You can consult your contract data at any time in the internal section of the website under “Settings”. Smart Reporting will use the contract data only for the performance of the user contract. In addition, Smart Reporting evaluates anonymized user data for statistical and empirical purposes.
3.4 Only natural persons which are legally competent, legal entities and partnerships may register. Legal entities or partnerships may only be registered by their natural representatives who must be named at registration. Only individuals or partnerships may be registered as owners of the user account (i.e. no married couples or families). Multiple registrations under various user names are forbidden.
4.1 If you are a consumer and use the platform in return for payment, you have a right to withdraw from the user contract [“ Widerrufsrecht”]. Information about the conditions of the right of withdrawal and its legal consequences are provided in the separate instruction on withdrawal that is hereby referred to. You can find the instruction on withdrawal at www.smart-radiology.com/downloads/en-revocation.pdf
4.2 In case of withdrawal, Smart Reporting, when repaying the amount due to you, reserves the right to use a different method of payment than the one which you used.
5.1 You will receive personal login data that may be used only by yourself or such employees as you have indicated are entitled to access your user account. You shall ensure – as the case may be by instruction or agreements – that:
5.1.1 Login data is not passed on to third parties;
5.1.2 Passwords are chosen which are difficult to decode;
5.1.3 Login data and passwords are kept secret and separate from documents and information that mark them out as being login data or passwords for your user account; and
5.1.4 Login data will be immediately changed by you, your employees or Smart Reporting if you or your employees gain knowledge about misusage of the login data. This also applies if you or your employees merely suspect or fear such misusage.
5.2 You are liable for all damage that is caused by third party usage for which you are responsible.
5.3 In case of significant violation of the due diligence provisions according to Section 5.1 Smart Reporting is entitled to (temporarily) block your access to the user account. You shall be notified of this via email.
6.1 The term of the user contract depends on your selection at registration (hereafter “term”).
6.2 User contracts of indefinite term may be terminated by both parties at any time before two weeks prior to the end of a month. User contracts which are running for a limited period may be terminated two weeks prior to the end of the respective duration. If a user contract which has been concluded for a limited period is not effectively terminated, it is extended automatically by the duration that was most recently in effect, but not for longer than for one year. Termination must be in writing. In particular, you may issue the termination via email to firstname.lastname@example.org.
6.3 Irrespective of the ordinary notice of termination, both parties have the right to termination for cause without notice. For Smart Reporting, such cause is given in particular if:
6.3.1 You are in full or partial default with a not merely insubstantial payment, despite receiving notice that you are overdue;
6.3.3 The requirements of statute, a court or an authority do not allow the software to be offered anymore or as previously done; or
6.3.4 Smart Reporting discontinues the distribution of the software or its business.
Statutory rights of withdrawal remain unaffected by the abovementioned termination rights.
6.4 After contract termination you no longer have access to your user account. Smart Reporting is not responsible for backing up the information stored in your user account. You are therefore encouraged to store all data relevant to you on a storage medium independent of Smart Reporting before the end of the contract term.
7.1 Whether or not you must pay a fee for using the software (hereafter “usage fee”) depends on the kind and extent of use you have selected upon registration or the respective contractual terms (hereafter “extent of use”). Information regarding the extent of use and the usage charge due can be found in the schedule of prices and services currently in force under http://www.smart-radiology.com/downloads/en-pricesandservices.pdf.
7.2 To the extent that the use of the software is offered free of charge, we retain the right to change the scope of usage at any time.
7.3 You may extend (hereafter “extension”) or limit (hereafter “limitation”) the extent of use initially selected at any time.
7.3.1 An extension is also possible during the contract term. Upon receipt of the confirmation of an extension, a new user contract becomes valid and binding. The changes to the extent of use come into effect no later than the next working day. Payments already made are counted proportionally against any usage fee due after extension.
7.3.2 For user contracts of indefinite term, a limitation of the extent of use is only possible at the end of each month, for user contracts running for a limited period only at the end of the agreed contract term. Section 7.3.1 Sentence 2 to 4 applies accordingly.
7.4 You shall pay the usage fees in advance. With regard to a user contract running for a limited period, payment of the usage fee is due upon contract formation pursuant to Section 3. Payments of contracts of indefinite term are due at the 1st day of every month of use and are invoiced by Smart Reporting.
7.5 Invoices must be settled within 14 working days after their receipt.
7.6 If you are in default with a payment, Smart Reporting is entitled to charge interest to the amount of 9 percentage points above the base interest rate, unless you are a consumer pursuant to s. 14 BGB. In the latter case, interest for default amounts to 5 percentage points above the base interest rate. Smart Reporting reserves the right to provide evidence for higher damages.
7.7 You may only set off claims that Smart Reporting does not contest or that have been legally recognized against the payment claims by Smart Reporting. This does not apply if your claim is based on a valid order for goods, which entitles you to retain payment until delivery of such goods. You may only execute your right of retention if your counter-claim is based on the same contractual relation.
7.8 If you do not fulfil your payment duties or if paid moneys are reversed, Smart Reporting – subject to further claims – is entitled to block access to the user account. If the blocking or suspension is due to outstanding sums and if such sums are settled, the access will be unblocked.
7.9 If you are an entrepreneur, Smart Reporting is entitled to change the usage charge for the upcoming contract term. Smart Reporting will notify you about the change at the latest eight weeks before the changes come into force. If you disagree with the changes, you may terminate the user contract no later than four weeks before the changes come into force. In that case, Smart Reporting may terminate the user agreement by ordinary notice of termination. If you do not object to the changes, your agreement with the changes will be presumed. Smart Reporting will separately notify you about the possibility to object and the deadline to do so.
8.1 Smart Reporting solely provides you with tools helping you to create your reports. The software itself does not create reports and does not offer them. The software only proposes wordings for building your reports based on the data you entered.
8.2 During the process of structured online reporting, Smart Reporting does not ask for patient-related data such as name, date of birth, age or gender (hereafter “patient data”). Patient data may only be added to the proposed wording after you have transferred the proposed wording to your computer or server and have continued to use it locally. You shall not enter personal patient data into the website.
8.3 Smart Reporting provides a standardized process for releasing smart templates and smart modules to ensure that they are created with due care. However, Smart Reporting does neither represent nor warrant [“ Smart Reporting gewährleistet nicht”] that smart templates and smart modules take into account all scientific findings or that the proposed wording correctly describes the report at any rate. The use of the smart templates does not discharge you of the duty to carry out an independent and careful diagnosis. While using your selected smart templates and smart modules as well as the proposed wordings, you remain solely responsible for ensuring a correct diagnosis and a correct, accurate and complete documentation of your patient’s report.
8.4 If you use the software in your capacity as the operator of a clinic or radiological practice, you shall ensure, by appropriate instructions and agreements that your employees comply with the obligations as set out in Sections 8.2 and 8.3 of this agreement. You shall be responsible for any misconduct of your employees in relation to smart reporting.
8.5 You keep Smart Reporting indemnified against all claims [“ Sie stellen Smart Reporting von Ansprüchen frei”] asserted by third parties based on violations of Sections 8.2 and 8.3, unless you are not responsible for such violation. You compensate Smart Reporting for any damage that Smart Reporting suffers from abusive usage, including any costs for legal defense. You support Smart Reporting in their legal defense.
8.6 If you or any of your employees enter patient data into the website in violation of Sections 8.2 or 8.3, Smart Reporting is entitled to remove and delete all or part of the information from the software.
9.1 You undertake not to misuse the software. In particular you are not allowed:
9.1.1 To pass yourself off as another person on www.smart-radiology.com or its sub-sites, or a subdomain and its sub-sites, particularly as an office holder, an employee or representative of Smart Reporting, or as someone responsible for the service, or pretend to be affiliated with such person;
9.1.2 To replicate or manipulate user names or other identifications in order to disguise the origin of contents transferred using the software;
9.1.3 To save or publish and/or transfer on the platform unsolicited advertising material, chain letters or other actions using a snowball system;
9.1.4 To copy, sell, share, publish or use for any commercial purposes the information offered by Smart Reporting or other users of the software;
9.1.5 To collect, store, and/or transfer personal data of other users, unless such users have explicitly approved the collection, storage and transfer in advance. Such approval must be in writing and must be readily available in the original to be presented to Smart Reporting upon request at any time;
9.1.6 To block, overwrite or change content belonging to Smart Reporting;
9.1.7 To use the software whilst utilizing a system or program that impairs the security, integrity and/or availability of Smart Reporting systems and software, or to disturb in other ways the proper and smooth functioning of the software, or to access the software in an unauthorized way.
9.2 If you use the software as an operator of a hospital or radiology clinic, you are responsible to ensure by relevant instructions and agreements that the duties pursuant to Section 9.1 are complied with by your employees, and you are liable for any abusive conduct by your employees with respect to Smart Reporting.
9.3 You keep Smart Reporting indemnified against all claims [“ Sie stellen Smart Reporting von Ansprüchen frei”] asserted by third parties based on abusive usage pursuant to cl. 8.1 and 8.2, unless you are not responsible for such violation. You compensate Smart Reporting for any damage that Smart Reporting suffers from abusive usage, including any costs for legal defense. You support Smart Reporting in their legal defense.
9.4 In case of an abusive usage pursuant to Sections 9.1 and 9.2, Smart Reporting is, entitled to (temporarily) block your access or the access of individual employees to the user account, notwithstanding the right to termination for cause without notice pursuant to Section 6.3. If the access to the user account is blocked, you must not obtain access to the software by means of a new or alternative user account.
Smart Reporting does not ask for any personal patient data in the course of the process of structured online reports. In the course of such structured online reports, anonymous or anonymized data (hereafter “diagnostic data”) will thus be gathered. You herewith grant Smart Reporting the right to store and save diagnostic data and to use and commercially exploit such diagnostic data for purposes of quality management, scientific purposes, technical analysis or the provision of services via the software. For said purposes, Smart Reporting may also transfer diagnostic data to third parties. Your right to use diagnostic data for medical treatment of your patients remains unaffected.
11.1 The publication of a smart template or smart module you have created requires prior approval by Smart Reporting. Smart-Reporting retains all rights to publication of any smart templates or smart modules created for the software. For this purpose, smart reporting commissions one or several independent radiologists with relevant expertise (hereinafter "reviewer") to check the quality of the smart template or smart module that you have set, and, if necessary, to improve and release it for publication. There is no entitlement to publication.
11.2 By uploading a smart template or smart module to the website or making it available to Smart Reporting in any other form (whether in an analogue or digital way) or releasing it as reviewer for publication, you attest that you have generated or verified the template, respectively, according to the relevant current state of medical sciences in effect at the time of the publication. Smart Reporting will credit you as (co-) author upon publication and usage of the smart template or smart module.
11.3 Users may evaluate and comment on smart templates or smart modules (hereafter “evaluation”). Smart Reporting is not responsible for such evaluations. Evaluations are not reviewed. If you take the view that an evaluation is wrong, not objective or insulting or violates your rights in other ways, please notify us via email at email@example.com so that we can inspect the evaluation and protect your rights.
12.1 With the exception of smart templates and smart modules which have been accepted by us pursuant to Section 11, you are solely responsible for all content that you store, publish or transfer during software usage (hereafter “content”). You will inspect the contents thoroughly. There is no inspection by Smart Reporting.
12.2 You ensure that the contents:
12.2.1 Are solely related to the software usage;
12.2.2 That you store, publish and/or transfer are, according to the relevant statutes or our due assessment not unlawful, do not discriminate against race, religious belief or gender, do not amount to harassment, insult, defamation, obscenity, pornography, the glorification of violence, nor are liable to corrupt the youth, nor in other ways inappropriate;
12.2.3 That you store, publish and/or transfer do not violate either directly or indirectly third party rights, particularly patents, trademarks, licenses, copyrights and neighbouring rights, other property rights or personal rights;
12.2.4 Do not contain information or data that you are, by contract and/or according to applicable law, not allowed to store, publish and/or transfer; and
12.2.5 Contain no patient data or other personal data; and
12.2.6 Do not contain information such as instructions that are capable of causing direct or indirect bodily harm or physical damage. When uploading content you undertake (insofar as it is necessary) to indicate authorship, copyright or similar rights truthfully and completely.
12.3 If you use the software as an operator of a hospital or radiology clinic, you ensure by instructions and agreements that the duties according to Sections 12.1 and 12.2 are complied with by your employees, and you are liable for any abusive conduct by your employees with respect to Smart Reporting.
12.4 You keep Smart Reporting indemnified against all claims [“ Sie stellen Smart Reporting von Ansprüchen frei”] asserted by third parties based on the publication of content that does not comply with the requirements pursuant to Section 12.2., unless you are not responsible for such violation. You compensate Smart Reporting for any damage that Smart Reporting suffers from the publication of such content, including any costs for legal defense. You support Smart Reporting in their legal defense.
12.5 Smart Reporting is entitled to completely or partially remove content from the software and delete it, if it does not comply with the requirements pursuant to Section 12.2.
13.1 Smart Reporting will, at its own discretion, use smart templates, smart modules, translations, materials and other content you have entered via the website or made available to Smart Reporting in any other form (whether in an analogue or digital way) or released as a reviewer for publication in the context of services related to radiological diagnosis, in particular integrate them into the software in identical or modified version, exploit them via the website, in particular commercialize them and/or to provide them to users of the software and third parties against payment or free of charge for the purpose of creating structured reports.
13.2 By entering smart templates, smart modules, translations, materials and other content into the website or making them available to Smart Reporting in any other form (whether in an analogue or digital way) or releasing them as reviewer for publication, you grant Smart Reporting an irrevocable, unlimited and exclusive right to use or have others use said content for the purpose as set out in Section 13.1 – including several uses – in tangible and intangible form, digital or analog, against payment or free of charge, also for advertising purposes. This grant of rights includes in particular:
13.2.1 The right of reproduction [“ Vervielfältigungsrecht”],
i.e. the right to reproduce smart templates, smart modules, translations, materials and other content according to the purpose of the contract – including on data carriers other than the ones used originally– digital or analog, permanently or temporarily, wholly or partially and to the same extent as the original;
13.2.2 The right of online use [“ Recht zur Online-Nutzung”],
i.e. the right to use smarttemplates, smart modules, translations, materialsand other content wholly or partly, unprocessed or processed, using analog, digital or other storage and data transmission technology, with or without caching(e.g. Internet, WAP, GPRS, UMTS) addressed to a restricted or unrestricted user group in such a way that the smart templates, smart modules, translations, materials and other contentmay retrieved, replayed, stored, transmitted and printed by means of stationary or mobile terminals of all kinds (e.g. PCs, Smartphones, tablets, TVs, Smart TVs, e-readers) can be retrieved, irrespective of time and location, in particular while using audiovisual services of any kind, television and media services, internet-based distribution platforms, mobile phone based services, intranet, extranet, apps (regardless of their operating system), SMS, MMS, subscription services, newsletters, blogs, push and pull services, Twitter services, social networks (including allowing third parties to share and recommend the social media posts); it also includes the right to interactively use smart templates, smart modules, translations, materials and other content or parts thereof;
13.2.3 Broadcasting right [“ Senderecht”]
i.e. the right to make available to the public smart templates, smart modules, translations, materials and other content through sound and television broadcasting, satellite broadcasting, cable radio and/or similar technical means (e. g. Electronic waves, optical signals etc.) by means of analogue, digital and/or other transmission technology, including all bandwidths, resolution standards (e.g. high, standard, low-definition, etc.), irrespective of the compression method and/or data rate via radio, telecommunication and/or other services encrypted or unencrypted, wholly and/or partly accessible. This applies to an unlimited number of broadcasts and to all technical means in particular terrestrial transmission systems (including all frequency ranges and all transmission standards, e.g. HSDPA, DVB-T, DVB-H, DMB, GPRS, UMTS, UHF, VHF, WiMAX, WLAN etc.), cable systems (e.g. B. Data lines, telephone lines, coaxial, fiber optic cable networks and/or two or more wire systems such as DSL, VDSL, including cable transmission etc.) and satellite systems (e.g. telecommunications satellites, direct satellites, DVB-SH etc.). The broadcasting right includes the possibility of multiplexing, i.e. the bundling of transmitting signals on transmission channels, as well as the addressed transmission in particular in TCP/IP-based transmission systems or services (e.g. IP-TV, IP-Audio, WebTV etc.). The broadcasting right is independent of the financing method of the broadcasting company (commercial or non-commercial) and/or the framework of the legal relationship between sender and receiver (e.g. with or without payment of a fee for the reception of a sender, package or a single program, etc.) The broadcasting right particularly includes the transmission and service forms of Free TV, Pay TV, pay per view TV, paid per channel, near video on demand etc. The right to reproduce (radio) broadcasts is included;
13.2.4 Exhibition, performance and recital right [“ Ausstellungs-, Aufführungs- und Vortragsrecht”]
i.e. the right to recite smart templates, smart modules, translations, materials and other content in a non-stage form as often as required, including the right to record the recital on video, audio and data carriers of all kinds and to use such records to the extent provided by the contract;
13.2.5 Printing and subsidiary printing rights [“ Druck- und Drucknebenrecht”]
i.e. the right to publish smart templates, smart modules, translations, materials and other content wholly and/or partly and/or summaries or abstracts of smart templates, smart modules, translations, materials and other content, as well as the right to produce, reproduce, disseminate and/or publicly reproduce illustrated and non-illustrated printed matter of any kind (e.g. books, booklets) which are derived from or based on smart templates, smart modules, translations, materials and other content through reproduction, renarration, redesign and/or other processing of the content and/or by photographic, drawn or painted illustrations or similar matter, in any edition and re-edition in all languages;
13.2.6 Archiving rights [“ Archivierungsrecht”]
i.e. the right to archive the smart templates, smart modules, translations, materials and other contents in electronic databases together with other content and to make them accessible to third parties, also for downloading, forwarding and printing; and
13.2.7 House advertising rights [“ Recht zur Eigenwerbung”]
i.e. the right to use smart templates, smart modules, translations, materials and other content in media of all kinds (e.g. print, online, mobile, radio and TV) for the purpose of house advertising for smart reporting and their services. This includes the right to produce, reproduce and disseminate content presentations and other printed matter derived from smart templates, smart modules, translations, materials and other content, as well as other promotional literature in the usual scope. It also includes the right to display, make available to the public and/or disseminate smart templates, smart modules, translations, materials and other content wholly or partly at trade fairs, sales exhibitions, advertising events and/or similar events.
13.3 The grant of rights pursuant to Section 13.2 shall be effected for the duration of the term of copyright. Section 40a German Copyright code (hereafter “UrhG”) remains unaffected.
13.4 You also grant Smart Reporting an unlimited, exclusive right for all kinds of use unknown at the time of the conclusion of the contract. You remain entitled to revocation according to Section 31a UrhG.
13.6 As far as the purpose of the contract requires, Smart Reporting may transfer the rights granted in accordance with the aforementioned provisions as well as sublicense rights third parties exclusively or non-exclusively to use the smart templates, smart modules, translations, materials and other content without your prior consent.
13.7 There is no obligation for Smart Reporting to use smart templates, smart modules, translations, materials and other content.
13.8 You irrevocably authorize smart reporting to enforce all claims arising out of any infringement of copyright subsisting in smart templates, smart modules, translations, materials and other content.
13.9 Notwithstanding the aforementioned provisions, Smart Reporting is entitled, to store smart templates, smart modules, translations, materials and other content and to pass them on to third parties if this is required by law or legitimate and necessary according to best judgment in order to:
13.9.1 Comply with legal regulations or judicial or regulatory orders;
13.9.3 React to it when third parties claim a violation of the law; or
13.9.4 Ensure the rights, property or personal safety of Smart Reporting, its users or the public.
13.10 As far as you use smart templates, smart modules and translations for structured online reporting, Smart Reporting grants you for the duration of the statutory protection term and any term extensions the non-exclusive right to use and edit the proposed wording for the purpose of the contract. There is no right to use particular text building blocks. It is prohibited to copy, spread, publicly make available and edit the smart templates, smart modules and translations without the consent of Smart Reporting. You agree (if available) to indicate truthfully and completely any evidence for authorship, copyright and neighbouring rights when using the proposed wording.
13.11 The rights of use granted in accordance with the aforementioned provisions shall remain in excess of the duration of the contracts concluded between Smart Reporting and you, unless you terminate the contracts for cause. In this case, all rights of use shall fall back. Any previous use will not be affected and may thus be continued.
14.2 You keep Smart Reporting indemnified against all claims [“ Sie stellen Smart Reporting von Ansprüchen frei”] asserted by third parties as a result of the use of smart templates, smart modules, translations, materials and other content generated and uploaded by you, unless you are not responsible for the violation. You compensate Smart Reporting for any damage that Smart Reporting suffers from the publication of such content, including any costs for legal defense. You support Smart Reporting in their legal defense.
15.1 Smart Reporting respects the intellectual property of third parties and demands this respect in turn from its users.
15.2 If you take the view that your copyrights or other rights are infringed upon by content that one of our users has stored, published or transferred in the scope of our services, please notify us via email at firstname.lastname@example.org so that we can immediately take action against the misuse of our services and protect your rights. Please provide the following information:
15.2.1 A description of, for example, the work that is copyright protected, and that in your opinion has been violated;
15.2.2 A description – as detailed as possible – of where the material is located, which in your opinion infringes your copyrights or neighbouring rights – preferably by means of a screenshot;
15.2.3 Your address, telephone number and email address;
15.2.4 A statement signed by you that, according to your best knowledge and belief, the faulty usage has not been approved by the rights holder, his representative or by statutory laws.
16.1 Smart Reporting does neither warrant nor represent [“ Smart Reporting übernimmt keine Gewähr”] for the accuracy and harmlessness of the results that you obtain from the use of structured online reporting.
16.2 Smart Reporting does neither warrant nor represent [“ Smart Reporting übernimmt keine Gewähr”] the functioning of your internet access and other third party services (e.g. cell phone services), that are required for the use of the services.
16.3 Smart Reporting expressly refers to the risks of the usage of web services. This particularly pertains to risks arising from the transmission of malware, spamming (unsolicited sending of advertising emails), password theft, electronic burglary and manipulation, hacking and other forms of unauthorized disclosure of user data, nuisances and forgery. Smart Reporting will take reasonable measures to minimize such risks. This does not constitute a guarantee. To this extent you use the website at your own risk.
16.4 Maintenance, retrofitting and upgrades, errors or bugs and other causes and circumstances may lead to interruptions or defects of the platform’s operation. Smart Reporting will eliminate technical failure as soon as possible within the scope of its technical capabilities.
16.5 Apart from that, statutory warranty rights shall apply.
17.1 Smart Reporting is liable without limitation for damages, insofar as the cause of damage is based on an intentional or grossly negligent breach of duty on the part of Smart Reporting, a representative or performing agent. In case of negligent behaviour, Smart Reporting is only liable for the breach of a duty the fulfilment of which is material to the purpose of the contract, and on the performance of which the contractual partner may ordinarily rely [“ Kardinalpflichten”], and only insofar as Smart Reporting ought to have foreseen the cased damage given the circumstances known at the time the contract was concluded. Apart from that, the liability of Smart Reporting – including that for performing agents and vicarious agents – is excluded.
17.2 The limitation of liability pursuant to Section 17.1 does not apply to claims for damages arising from the violation of life, body, health, the takeover of a guarantee of quality or the malicious concealment of defects by Smart Reporting.
17.3 Any statutory liability privileges in our favour, e.g. pursuant to Sections 7 to 10 Teleservices Act (Telemediengesetz – TMG) remain unaffected.
18.1 If events or circumstances lying beyond the sphere of influence of Smart Reporting (Force Majeure, “Höhere Gewalt”) make the operation of the platform impossible, Smart Reporting is exempted from the duty to perform. You will be reimbursed for payments already made.
18.2 In particular events of Force Majeure constitute the interruption or breakdown of the internet or other networks, telecommunication connections, power supply or of infrastructures and of providers and suppliers.
Please refer to our data privacy statements at http://www.smart-radiology.com/downloads/en-privacypolicy.pdf.
The European Commission offers an online dispute resolution platform which can be found at http://ec.europa.eu/consumers/odr. Smart Reporting is neither willing nor obliged to participate in dispute settlement proceedings before consumer arbitration boards.
23.1 There are no oral agreements.
23.3 If you are a merchant, a legal entity of public law or an administrative body, Munich is the agreed place of jurisdiction for all disputes arising between you and us.
23.4 Smart Reporting is entitled to assign the existing rights and duties from the contract with you to another company. If an assignment takes place, you will receive a notification, which also includes a term for the deletion of the user account in case you do not agree with the assignment.