General Terms of Use of insight.out GmbH

insight.out GmbH
Hauptstraße 101
67433 Neustadt an der Weinstraße, Germany

VAT ID DE 328602137
Managing Director: Franca A. Rupprecht

Tel.: +49 631 3437 7637
E-Mail: info@insio.de

§ 1 General, Scope of Application

(1) INSIGHT.OUT GmbH (hereinafter referred to as "INSIGHT.OUT") operates and provides the internet platform https://testbox.de/ on which customers (hereinafter referred to as "CUSTOMERS") of INSIGHT OUT, their employees (hereinafter referred to as "EMPLOYEES"; CUSTOMERS and EMPLOYEES together hereinafter referred to as "PRACTICE") and their patients (hereinafter referred to as "USERS") fill out topic-specific testing procedures which are subsequently evaluated. The registration of USERS is done by the PRACTICE which has registered with INSIGHT.OUT.

(2) This website is subject to the following terms of use, which are binding between PRACTICE and INSIGHT.OUT and USERS and INSIGHT.OUT when using the functions of this website, especially with regard to the test access offered on the website. If special conditions for individual uses of this website deviate from the following terms of use, this will be expressly pointed out at the appropriate place on the website. In such cases, the special terms of use shall also apply in addition to the general terms of use.

This website contains data and information of all kinds, which are protected by trademark and/or copyright in favor of INSIGHT.OUT or, in individual cases, also in favor of third parties. It is therefore not permitted to download, reproduce, and/or distribute the website as a whole or individual parts thereof. In particular, technically necessary reproduction for the purpose of browsing, as far as this act does not serve economic purposes, as well as permanent reproduction for personal use are permitted.

§ 2 Services provided by INSIGHT.OUT, Type and Scope of Services

(1) INSIGHT.OUT offers the PRACTICE and the USERS the ability to complete test procedures via the browser at https://testbox.de/. The fees incurred for this are borne by the PRACTICE.

(2) For this purpose, the PRACTICE has entered into a contract with INSIGHT.OUT for the use of the test procedures and the corresponding evaluation, and has registered for the USER via the browser on the INSIGHT.OUT website.

§ 3 Registration, Creating Patients

(1) In order to use the services offered on the INSIGHT.OUT website, the USER is created by the PRACTICE.

(2) Registration of the PRACTICE is always necessary.

(3) The PRACTICE can delete their account at any time. They have the final opportunity to download all stored content.

§ 4 Obligations of the PRAXIS

(1) The PRAXIS is responsible for the ethical application of the assessments offered on the INSIGHT.OUT platform.
In particular, the PRAXIS undertakes to:

• act professionally and ethically correct;
• ensure that they or the invited users of the offered tests have the required expertise;
• safely store the test material; and
• ensure the confidential treatment of the results obtained from the assessments.

(2) The PRACTICE will in particular ensure that assessments declared as license-free include the permission of the authors for the use of their provided materials in accordance with the Creative Commons (http://creativecommons.org/about/licenses/) or other licenses. However, use and distribution may only be made under the condition that the original source is named according to the open access license and that the copyright of the original source is respected.

(3) Further information on the applicable license can be found in the respective offer details of the individual offers.

(4) The PRACTICE undertakes to make true and complete statements in all communication with INSIGHT.OUT, in particular with regard to the registration of its account and the information provided there regarding its profession and suitability for the intended use of the platform, and to keep this information up to date during the contract term by adjusting or notifying INSIGHT.OUT. The PRACTICE is also responsible for the truthful information provided by its EMPLOYEES.

(5) The CUSTOMER may only maintain one registration at a time through which it invites its EMPLOYEES to create their own registrations under the joint PRACTICE.

(6) The PRACTICE is obliged to keep its access data confidential and not to disclose it to third parties. The transfer of the possibility of use of the registration and/or a fee-based usage package to third parties is prohibited.

(7) The PRACTICE has the obligation to provide hardware and software as well as a broadband internet connection for the use of the offers on the website of INSIGHT.OUT at its own expense.

§ 5 Duties of the USER

(1) The USER may only use the offer on the INSIGHT.OUT website for filling out the assessments.

(2) The USER and the PRAXIS shall not publish any inappropriate, offensive, racist, inflammatory, sexist, pornographic, false, misleading, erroneous, unlawful, defamatory, or libelous texts, contents, images, or other information (hereinafter "Contents").

(3) In the event of the publication of inappropriate Contents within the meaning of the aforementioned paragraph 2, INSIGHT.OUT is entitled to immediately delete such Contents and to temporarily, in repeated and/or severe cases also permanently block the affected USER/PRAXIS.

§ 6 Warranty and Liability of INSIGHT.OUT

(1) INSIGHT.OUT guarantees an availability of its online offering of 99% on average per calendar year. Not included are outages due to necessary maintenance work, force majeure, technical disruptions of the internet or other reasons not caused by INSIGHT.OUT.

(2) INSIGHT.OUT is not obligated to backup data for the USER and does not provide any contractual assurances, guarantees or warranties beyond the legal regulations, unless otherwise agreed in individual cases.

(3) INSIGHT.OUT is not liable for evaluation errors caused by faulty evaluation specifications provided by the AUTHORS of the testing procedures.

(4) In all other respects, the statutory warranty rights apply.

(5) INSIGHT.OUT, its legal representatives and agents are liable without limitation for damages caused by willful intent or gross negligence on their part. Liability does not extend to damages caused by improper or faulty use by the PRACTICE or USER.

(6) In cases of slight negligence, INSIGHT.OUT is liable without limitation in the event of injury to life, body or health.

(7) In all other cases, INSIGHT.OUT is only liable if it has violated a material contractual obligation. Material contractual obligations are those obligations that are of particular importance for achieving the contractual objective, as well as all those obligations that, in the event of a culpable violation, may jeopardize the achievement of the contractual purpose. In these cases, liability is limited to compensation for foreseeable, typically occurring damages.

(8) Liability under the Product Liability Act remains unaffected.

§ 7 Data Protection

(1) INSIGHT.OUT will comply with the applicable data protection regulations valid in Germany and will obligate its employees involved in the contract and its implementation to maintain data confidentiality, unless they are already generally obligated to do so.

(2) If INSIGHT.OUT collects, processes or uses personal data, it guarantees that it is authorized to do so in accordance with the applicable data protection regulations and will indemnify any claims by third parties in the event of a violation.

(3) Furthermore, reference is made to INSIGHT.OUT's privacy policy: https://testbox.de/legal/privacy.

§ 8 Consumer Dispute Resolution

(1) The European Commission provides a platform for online dispute resolution (ODR), which can be found at http://ec.europa.eu/consumers/odr/.

(2) INSIGHT.OUT is not obligated and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

§ 9 Final Provisions

(1) German law shall exclusively apply, with the exclusion of the provisions of international private law and the United Nations Convention on Contracts for the International Sale of Goods (CISG).

(2) In the event that individual provisions of this User Agreement are invalid, the validity of the remaining provisions shall remain unaffected. The relevant statutory provisions shall apply in place of the invalid provision.

(3) There are no oral or written collateral agreements.

(4) If the PRACTICE or the USER is a merchant, a legal entity under public law, or a special public fund, the place of jurisdiction for all disputes arising from contractual relationships between the USERS and INSIGHT.OUT and between the PRACTICE and INSIGHT.OUT shall be the registered office of INSIGHT.OUT.

(5) INSIGHT.OUT reserves the right to modify these terms of use from time to time and to adapt them to technical and legal developments. The USER and the PRACTICE - if registered - will be notified separately of any changes.