Terms of Use
General Terms of Use (GTU) of Bloomwell GmbH, Frankfurt am Main (Bloomwell) for services provided via web application (e.g., through the website bloomwell.de) or mobile applications as Software-as-a-Service (SaaS) to the end user (USER).
1. General/Formation of the Contract
1.1 These GTU govern the free use of the services provided by Bloomwell via a web portal (including the website bloomwell.de) or mobile applications as Software-as-a-Service (SaaS) (Bloomwell PORTAL). The USER must first accept the GTU and register to use the functions of the Bloomwell PORTAL reserved for registered USERS. The usage contract between Bloomwell and the USER is formed exclusively under the following terms.
1.2 Deviating or conflicting terms from the USER will not apply, even if referred to, and Bloomwell does not expressly object to them. Deviations from the GTU require a written confirmation from Bloomwell to be effective.
1.3 Changes to the GTU will be communicated to the USER in writing. They will be considered accepted if the USER does not delete their user account within six weeks of being informed of the changes. Bloomwell will explicitly inform the USER of this consequence when announcing the changes. Bloomwell may refuse continued use of the Bloomwell PORTAL under unchanged GTU.
2. Portal Functions; Scope/Requirements of Services
2.1 Bloomwell provides paid services for private doctors and cooperating physicians affiliated with Bloomwell (cooperating physicians), which may be offered through the Bloomwell PORTAL. The registration and use of the basic functions of the Bloomwell PORTAL are free for the USER. The USER may order additional paid services. Costs for these additional services provided by Bloomwell or the cooperating physicians may apply; the USER will be informed about the costs.
2.2 The Bloomwell PORTAL is a web application offering various services for the USER’s intended doctor visits. The Bloomwell PORTAL allows the USER to:
– Collect and manage preliminary information and documents for treatment by cooperating physicians in the USER's profile;
– Schedule or book diagnostic and treatment appointments online with cooperating physicians;
– Exchange diagnostic and treatment-related information with cooperating physicians via telemedicine and store this in the USER's profile;
– Contact the Bloomwell Support Team;
– Select pharmacies to fill prescriptions and, if desired, send the prescription directly to the chosen pharmacy;
– Receive assistance with submitting prescriptions;
– Book and manage medical appointments and follow-ups with reminders;
– Access general information about "medical cannabis.
2.3 The use of the Bloomwell PORTAL requires an internet connection and a device suitable for video telephony. The Bloomwell PORTAL can be used with most modern web browsers. Bloomwell does not offer individual setup support. There is no entitlement to support or continued support for specific hardware or software.
2.4 Bloomwell’s responsibility for the transmission or retrieval of content is limited to the data communication from its own server to the point of transfer to the internet at the server center's router. Bloomwell has no influence on data traffic outside its own communication network. Bloomwell does not guarantee the successful transmission of content to or from the USER’s device.
2.5 Bloomwell reserves the right to expand, restrict, or modify the scope of services at any time.
2.6 Bloomwell may update the hardware and software used to provide services to align with current technology. There is no claim to backward compatibility.
2.7 Bloomwell is free to choose the location of service provision, provided that data protection obligations are observed.
2.8 Bloomwell is free to allocate its working hours.
2.9 Bloomwell may involve third parties as subcontractors at its discretion, without affecting data protection obligations.
3. Registration, Login Information
3.1 To identify the USER and communicate with Bloomwell, an email address is required. The USER sets an individual password, which must not be shared with third parties. If the USER shares this information, they must indemnify Bloomwell from any claims resulting from its use by third parties.
3.2 The USER registers by confirming a link sent to their provided email address and by truthfully entering and confirming registration data in the designated registration form.
3.3 Bloomwell will store personal and contact data of the USER for contract-related communication and identification. For more information on data handling, refer to Bloomwell’s data protection policy.
3.4 Bloomwell reserves the right to exclude USERS for good cause from using the Bloomwell PORTAL. Good cause includes inappropriate behavior towards Bloomwell employees or cooperating physicians or indications that the USER intends to use the Bloomwell PORTAL for illegal purposes.
4. Fees
4.1 Bloomwell provides the basic functions of the Bloomwell PORTAL free of charge for the USER's personal, non-commercial use.
4.2 The commercial or freelance transfer of Bloomwell PORTAL services to third parties or the use of service results for any other purpose is prohibited.
5. Availability, Warranty Disclaimer
5.1 Bloomwell ensures that the server providing the web application is usually connected to Bloomwell’s internet connection. However, the USER has no claim to availability at specific times or in total.
5.2 The USER is encouraged to promptly report functional issues, bugs, or errors. Bloomwell does not guarantee any specific success or outcome from the use of the data provided by its services.
5.3 Bloomwell is entitled to perform maintenance and system updates. During these times, services may be unavailable. Bloomwell will strive, but is not obliged, to perform long maintenance periods outside peak hours, if possible, between 10:00 p.m. and 6:00 a.m.
5.4 The USER has no claim to compensation or warranty in case of service reduction or discontinuation.
5.5 All times refer to Central European Time or Central European Summer Time. Bloomwell may reschedule maintenance windows as necessary and will inform the USER promptly. In urgent cases, Bloomwell may perform emergency maintenance, especially to avoid damage or fix critical security vulnerabilities.
6. Set-Off/Retention Right
The USER can only offset Bloomwell’s claims with undisputed or legally binding counterclaims. A right of retention may only be asserted based on the same contractual relationship.
7. Usage Rights/Results
7.1 Bloomwell does not provide source or machine code outside its web application or client software for iOS and Android devices. Usage rights are granted only to the extent necessary to run the software on the USER’s device and access the functions of the Bloomwell PORTAL.
7.2 The USER requires prior consent from Bloomwell for any reproduction or alteration of Bloomwell-generated documents.
7.3 If the USER becomes aware of unauthorized use or malicious activity, such as third-party access or DDoS attacks, they must inform Bloomwell immediately.
7.4 By uploading documents, the USER grants Bloomwell a revocable, time-unlimited, transferable, sublicensable right to evaluate, edit, store, and duplicate these documents for business purposes and share them with cooperating physicians. This is compensated by the provision of the Bloomwell PORTAL.
7.5 The USER must indemnify Bloomwell from claims arising from violations of third-party rights through uploaded or provided documents.
7.6 Bloomwell may block USER content at its discretion, especially if it violates third-party rights or public decency.
8. Liability
8.1 Bloomwell is fully liable for damages caused by intent or gross negligence, for bodily injury, for breach of a guarantee, or in cases of statutory liability under the Product Safety Act.
8.2 In all other cases, Bloomwell is only liable for negligently caused damages if it breaches essential contractual obligations, limited to foreseeable direct damages typical for such contracts.
8.3 The USER is responsible for their own data backups. Bloomwell’s liability in case of data loss is limited to the effort of restoring backups.
9. Language/Applicable Law
9.1 If there are different language versions of the GTU, the German version is legally binding.
9.2 The contract is governed exclusively by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
Bloomwell GmbH, Frankfurt am Main | Stand 10/2023
