Terms and Conditions of Use of the Website Life4me.plus

These conditions of use for Life4me.plus to fight AIDS, Hepatitis C and Tuberculosis e.V., Dragonerstrasse 53, 5600 Lenzburg, Switzerland, (hereinafter “Provider”) apply to the use of the website https://life4me.plus/ and the online-service Life4me+ provided via this website by users (patients) and professionals (doctors, social workers) (hereinafter “Users”). Consideration of the User’s own conditions is hereby excluded, unless otherwise agreed.

A user is any natural person concluding a legal transaction, for purposes that are predominantly other than those connected with their commercial or self-employed professional activity. A professional in the sense of these conditions of use is a natural or legal person or a legally constituted partnership, which in concluding a legal transaction, is carrying out commercial or self-employed professional activity.

Use of the Website https://life4me.plus/, except for read-only access of its content, is only possible by registered Users.

A use agreement between the Provider and the User for use of the website https://life4me.plus/, where these Terms and Conditions of use apply, is created with successful registration or in the context of read-access as a guest.

To be able to make use of the services through using the Provider’s life4me+ via this website, the User must register with a self-chosen password. What data is processed for the registration can be seen from the input form used for registration.

The User can register as a patient or doctor/social worker on the website for life4me+.

• Patients (Users) do not have to enter any personal data in registration. Only the sex by birth, year of birth, gender and country of the User are asked for. The User can enter real or dummy data. When registering, the User can choose a user-name (different to the automatically given anonymous ID) and set a password. A pseudonym can be used as the user name. It is not recommended that personal data such as an e-mail address is used in the user name. The User gives consent for the voluntary personal user-name to be stored on the Provider’s server. The User also specifies two self-chosen security questions, to which the User specifies an answer. The User can reset the password using these security questions in the event that the password is forgotten. No verification takes place. The data is stored anonymously and used only for statistical purposes. No personal data is collected. By clicking the “Register“ button, registration takes place and the data is transferred. Life4me+ can be used immediately.
• If the User wishes to use the service as a doctor or social worker (professional), the registration form must also be filled in with personal data (name, specialist area, address etc.). By clicking the “Register” button, registration takes place and the data is transferred. The doctor or social worker will receive the following notification by e-mail: “Your request will be reviewed by the site administrator and you will be informed of the result shortly.” Then the Providers check whether the details are accurate. Registration will only be accepted if this is the case. The doctor or social worker will receive an e-mail in this case with the content: “Your request is approved”. It is then possible to log in to the website and use the services.

The User is responsible for a suitable secure password and for maintaining its confidentiality. The User will take all reasonable steps to prevent misuse of the User’s access to the services provided. Should this happen despite this, the Provider must be informed immediately, so that the User account can be blocked by the Provider or the problem solved in another manner.

Registration is reserved for natural persons with unrestricted legal competence. By registering, the User confirms that this condition is complied with at the time of inception.

Every User can set up multiple user accounts.

Registration represents the offer of the User on conclusion of the use agreement that the Provider can accept but does not have to accept.

The User is liable for all activities undertaken using the User’s access details, if the User is responsible for that.

The agreement text is stored by the Provider and is accessible to the User after registration.

Closure of the agreement is only possible in German.

With the website, the Provider makes an internet platform available, via which Users can call up the services found there according to their user rights. The operator makes its own work outcomes (e.g., publications, newsletters, blogs) and the work outcomes of Users and third parties available via the website. The operator offers access to various databases and the ability to operate these with search algorithms.

The Provider also makes the application Life4me+ available to registered Users of Life4me+ on the website together with the App version, with which the User can create a user profile and call up statistical information and read news from the Provider on subjects concerning HIV, hepatitis C and tuberculosis. Life4me+ was developed for people who monitor their health.

The range of functions and the technical specifications of the web-platform is described in more detail at https://life4me.plus/en/application/.

Via Life4me+, Users (patients) can:

• Contact their doctor or social worker;
• Get medicinal prescriptions and test results and other parameters (weight, height, next- / chest- / waist- / hip measurement, blood pressure, fever);
• Get appointments to visit a doctor or for blood collection etc.

If the User is a doctor or a social worker, Life4me+ can be used to:

• Contact a User (patient) of Life4me+;
• Send medicinal prescriptions and test results and other parameters (weight, height, next- / chest- / waist- / hip measurement, blood pressure, fever);
• Make appointments to visit a doctor or for blood collection etc.

The User (patient) can also input test results and other parameters (weight, height, next- / chest- / waist- / hip measurement, blood pressure, fever) themselves into Life4me+, so that they are always at hand.

On the map https://life4me.plus/en/map/, all Users (including without registration) can find the nearest:

• Clinics offering HIV treatment;
• Laboratories where HIV or STI tests can be carried out anonymously;
• Reserve drug stocks to help with any interruptions in treatment in case of need;
• Communities of people living with HIV and HIV/AIDS service organizations;
• Peer-counsellors.

All Users (even without registering) can also find the hotline telephone number for HIV advice centres in their city or region at https://life4me.plus/en/help/.

Via https://life4me.plus/en/contacts/, the User can send a message to the Provider.

The User (patient) can get in contact with multiple doctors or social workers via Life4me+. Similarly, the doctor or social worker can connect with multiple Users (patients). The initiator of the contact is the User (patients). If the User (patient) wishes to connect with the doctor or social worker, every doctor or social worker must verify the User (patient) themselves. The doctor or social worker can send the test results of the blood or urine to the linked User or make an appointment or laboratory appointment or send prescribed treatments (antiretrovirals, PrEP, Hepatitis C or others) to the User (patient).

https://life4me.plus/ has geolocation and can locate the User to show, e.g., the nearest HIV clinic if the User allows geolocation.

If the User (patient) is using the mobile app version of Life4me+, this is continuously synchronised with the web version. Reminders are also synchronised but can only be triggered in the app version, as the web-portal does not have this functionality.

Life4me+ is updated by the Provider at irregular intervals in. The User accordingly always gets the usage rights to the current version of Life4me+. The User has no right to access to a certain version of Life4me+.

The Provider reserves the right to change the services offered or offer different services unless this is not reasonably acceptable to the User.

The Provider also reserves the right to change the services offered or to offer different services,

• If a change to the legal requirements makes this obligatory;
• If this is pursuant to a court judgement or decision of authorities against the Provider;
• If the change concerned is necessary to close existing security gaps;
• If the change is only to the benefit of the User; or
• If the change is of a purely technical or procedural nature without significant impact on the User.

Changes with only minor influence on the functions of the online services do not represent changes in services in the meaning of this paragraph. This applies particularly to changes which are purely of a graphical kind and just re-arrangement of the functions.

Each User is solely responsible for the content of the information posted by the User on Life4me+, especially for their veracity and legal permissibility. This does not contravene these conditions of use or applicable law. It is prohibited in particular to publish

• Content subject to copyright, if there is no authorisation to use it;Incorrect factual assertions;
• Incorrect factual assertions;
• Contributions aiming to personally attack or make defamatory remarks about other Users;
• Racist, xenophobic, discriminatory or offensive content;
• Content which could endanger youth;
• Content which promotes violence;
• Invented (fake) profiles.

Content posted by Users of Life4me+ is associated exclusively with the User concerned and does not reflect the views of the Provider. The Provider accepts no liability for the correctness of the content posted by the User. Each User is himself responsible for critically verifying the truth of content.

The User declares that the User has the right to use the content posted by on Life4me+ and accepts responsibility for the declaration. In particular, the User ensures that the rights of third parties are not infringed through the content, especially copyright, trademark and personal rights and rights connected with competition law.

The User ensures that the hardware and software used complies with the minimum requirements for use of the currently offered version of Life4me+.

The User is fundamentally liable for all activities undertaken with the use of the User’s access, if the User is responsible for that. The User is responsible for maintaining the confidentiality of access data. The User must ensure that third parties do not have access to them. The User must inform the Provider immediately if there is reason to think that the User’s access is being, or has been, used by third parties.

If the User contravenes legal conditions or these Terms and Conditions of use the website, or the Provider has concrete reason to believe that this has happened, the Provider is entitled, without prior notice or further checking, to

• Issue a warning,
• Temporarily or permanently block the User’s access or
• Take other necessary and appropriate actions.

The actions taken by the Provider depends on the individual case and is at the reasonable discretion of the Provider.

If a User is blocked, the User may no longer use Life4me+ and may not re-register.

The Provider reserves expressly the right to initiate legal steps due to a contravention of legal conditions or these Terms and Conditions of use the website.

The Provider grants the User a simple, non-transferable right, limited to the duration of the use agreement, to use Life4me+ within the framework of these Terms and Conditions of use the website for private purposes. The User may not make Life4me+ accessible to third parties without the written agreement of the Provider. The User must ensure that no possibility to allow access for third parties by circumvention is opened up by the User.

If the User contravenes the agreement made on usage rights so seriously that it is unreasonable for the Provider to continue the contractual relationship under consideration of the interests of both sides, the Provider can terminate the grant of usage rights without prior waring and block access to Life4me+ permanently.

Other legal and contractual regulations remain unaffected.

Personal data of Patients (users) are not asked for by Life4me+ and thus is not transferred to the Provider. The Provider is, however, entitled to process and use anonymous data and information provided by Users via Life4me+ for statistical purposes. By the use of pseudonyms, processing of medical data is carried out such that it cannot be associated with a specific person without the use of additional information, particularly since additional information is kept separately and subject to technical and organisational measures which ensure that the personal data cannot be associated with an identified or identifiable natural person.

Use of Life4me+ is free.

Personal data is only collected if the User passes this to the Provider of the User’s own volition in a possible revocation or in a voluntary feedback. Data like name, company, e-mail address and telephone are stored in this event and are used solely for dealing with the User’s issue or for making contact and the technical administration connected with that. After the enquiry is dealt with, the data will be deleted if that is the wish of the User and deletion of the data is not prevented by a legal obligation to keep it, or the Provider has legitimate interest in further storing.

With the exception of cases such as those in 10.1 or by registration as a doctor or social worker, no personal data is stored. Connection with doctors takes place via a personal authorisation code.

If the User forgets the password, this can only be reset if the user knows the log-in and answers two security questions correctly. The security questions and their answers are given by the User at registration. Without a log-in, it is only possible to re-set the password if the User has previous made a contact with the doctor. The User must then visit the doctor in person (contact by telephone is also possible, but not recommended) which will then give the User a code to create a new password. If the User has no connection with a doctor or has no log-in or does not know the correct answers to the security questions, the profile cannot be recovered. In this case, the User must create a new profile. Access from new profile to the data set in the old profile is not possible.

The Provider’s Privacy Policy at https://life4me.plus/en/terms/privacy-policy/ also apply.

IF, AFTER A BALANCING OF INTERESTS, THE PROVIDER PROCESSES THE USER’S PERSONAL DATA IN THE CONTEXT OF A PREVALENT LEGITIMATE INTEREST, THE USER HAS THE RIGHT AT ANY TIME TO OBJECT TO THE PROCESSING OF THIS DATA IN THE FUTURE FOR REASONS ARISING FROM THE USER’S PARTICULAR CIRCUMSTANCES.

IF THE USER EXERCISES THIS RIGHT TO OBJECT, THE PROVIDER WILL CEASE PROCESSING THE DATA CONCERNED. HOWEVER, FURTHER PROCESSING REMAINS POSSIBLE IF THE PROVIDER CAN DEMONSTRATE LEGITIMATE REASONS FOR PROCESSING IT WHICH OUTWEIGH THE INTERESTS, BASIC RIGHTS AND BASIC FREEDOMS, OR IF THIS PROCESSING IS FOR MAKING, EXERCISING OR DEFENDING LEGAL CLAIMS.

IF PERSONAL DATA IS PROCESSED BY THE PROVIDER FOR PURPOSES OF DIRECT MARKETING, THE USER HAS THE RIGHT TO OBJECT AT ANY TIME TO THE PROCESSING OF PERSONAL DATA RELATING TO THE USER FOR THE PURPOSES OF THIS KIND OF ADVERTISING. THE USER CAN EXERCISE THE RIGHT TO OBJECT AS DESCRIBED ABOVE.

IF THE USER EXERCISES THE RIGHT TO OBJECT, THE PROVIDER WILL CEASE USING THE DATA CONCERNED FOR DIRECT MARKETING PURPOSES.

The User indemnifies the Provider from all claims made against the Provider by other Users or third parties in respect of violation of their rights due to content posted by the User or their other use of Life4me+. The User accepts the costs of legal defence arising from this including all court and lawyers’ fees at an appropriate level. This does not apply if the User is not responsible for the breach of law. In the case of claims made by third parties, the User is obliged to submit to the Provider immediate, complete and true information required for the investigation and defence of the claims.

The Provider states clearly that Life4me+ does not assume any medical or advisory functions. Life4me+ does not treat Users, does not replace any doctor, does not give medical advice and does not analyse and analysis parameters. Some content in Life4me+ is made available by the Provider or its suppliers. The Provider makes every effort to ensure the correctness, completeness and currency of the content, information, and news of third parties which it makes available. However, the Provider is not responsible for the correctness, completeness and currency of this content, regardless of whether this was made available by the Provider, its suppliers or Users of the website. The Provider accepts no liability for the correctness, completeness and currency of such content. In particular, the Provider does not guarantee that information in Life4me+ about HIV clinics, doctors, pharmacies, HIV associations etc. and Google maps is accurate.

The Provider is responsible only for providing a technical possibility for Users to contact each other. The Provider is not responsible for that contact actually taking place. Furthermore, the Provider is not responsible for the creation and maintenance of a data connection between the User’s IT system and the Provider’s server.

Life4me+ is offered with the reservation of availability. Availability of 100 % is not technically possible and therefore cannot be guaranteed by the Provider to the User. The Provider will, however, make every effort to maintain service availability as consistently as possible. Specifically, servicing, security or capacity requirements and events beyond the control of the Provider (disruptions to public communication networks, power cuts etc) can lead to disruption or temporary closure of the service. The Provider will carry out maintenance work as far as possible in times of low usage.

Otherwise, the Provider is liable for all contractual, quasi-contractual and legal and legal claims, including tortious claims, to the User for damages and compensation costs as follows:

• where there is intent or gross negligence,
• for intentional or negligent injury to life, limb or health,
• due to a guarantee promise unless other regulations are in place in relation to this,
• due to mandatory liability, such as that provided for under the German Product Liability Act.

If the Provider should negligently violate an essential contractual obligation, the Provider’s liability is, unless it is limited pursuant to the preceding paragraph, limited to the foreseeable damage typical of this kind of contract. Essential contractual obligations are defined as obligations imposed on the Provider by the content of the contract for the achievement of the contractual purpose, without the fulfilment of which the proper execution of the contract would be impossible and on the fulfilment of which the User should in all normal circumstances be able to rely.

Otherwise the Provider accepts no liability.

These liability regulations also apply in respect of liability of the Provider for its agents and legal representatives.

The Provider is not liable for loss of data, interrupted data transfer or other problems and losses in this connection caused by technical failure for which the Provider is not responsible. The Provider is not liable for damages or losses brought about by the disruption of its operations or the operations of its website caused by force majeure, civil unrest, war and acts of nature events or other events beyond its control (e.g., strikes, lock-outs, traffic disruption, official decrees from the public authorities domestically and abroad) or which are due to technical problems which are not culpably caused. This also applies if these disruptions arise with third parties engaged by the Provider.

The agreement for use of Life4me+ is made for an undefined time.

The right to extraordinary termination for compelling reason remains unaffected. A compelling reason exists if the continuation of the contractual relationship with the party given notice to the agreed ending time or until expiry of a notice period is not reasonable under consideration of all the circumstances of the individual case and balancing the interests of both sides.

A compelling reason is specifically:

• a significant contravention of important conditions of these Terms and Conditions of use of the website which has not been cleared after a deadline has been given to do so or is repeated and it is impossible or unreasonable to continue the contractual arrangement.

Total termination of the use agreement requires separate and unambiguous notification.

If the use agreement is totally terminated, the User loses access to the user account. Termination of the use agreement also ends the obligation of the Provider to store the posted data.

The Provider reserves the right to change these Terms and Conditions at any time and without giving a reason. The provider will inform the Users of the changes to the Terms and Conditions on the website.

The Provider also reserves the right to change these Terms and Conditions

• if a change in the legal situation makes this a requirement;
• if in so doing, the Provider is complying with a court decision or a decision of the authorities;
• if additional, completely new services or service elements are being introduced which need a service description in the Terms and Conditions unless this changes the existing usage relationship disadvantageously;
• if the change is only to the benefit of the User; or
• if the change is for purely technical or procedural reasons unless it has significant impacts on the User.

In this case, the Provider shall inform the User of the change(s) to the Terms and Conditions of Use.

The Provider is neither obliged nor willing to participate in a dispute settlement procedure before the Consumer Arbitration Service.

The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers (Users), this choice of jurisdiction only applies insofar as the protections of the mandatory conditions of the law of the state in which the consumer normally resides are not withdrawn.

If the User is acting as a trader, legal person of public law or public law special asset, the seat of the Provider is exclusively the court of jurisdiction for all disputes arising from this agreement. The same applies if the User does not have a general court of jurisdiction in Germany, or address or normal residence at the time the action was brought are not known. This does not affect the prerogative of also calling on the court at another legal court of jurisdiction.