Terms of Use

Her-Medical-Aid GmbH (Entrepreneurship Hub Halle 21, 1st floor, Room A1-22 / Schwartzkopffstraße 1 / 15745 Wildau) operates the app "hermaid – Menopause Companion" (hereinafter the "App").
By using the App, you as a user enter into a contract for the use of the App with Her-Medical-Aid GmbH (hereinafter "hermaid").
The App serves as a digital companion for women in menopause.
Before using the App's services, it's important that you familiarize yourself with our Terms of Use. Among other things, these describe the rights and obligations we have toward you and you have toward us.
Data protection is also a very important part of using the App, since the security of your data is our top priority.
Please read the following Terms of Use and the explanations regarding data protection before using the App.

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The App's features include, among others:

• Entering health information and demographic data as part of digital questionnaires.
• Booking consultation appointments with specialists for a second opinion or initial assessment. No diagnosis is provided.
• Providing individual guidance and recommendations based on health data.

The App does not constitute and does not replace medical treatment or diagnosis.
In case of acute symptoms, please contact emergency services (112) or a medical facility.
Users must be of legal age and have full legal capacity. Minors or persons with limited legal capacity are excluded from use.
This offering is intended for natural persons.
The current text of Her-Medical-Aid GmbH's Terms of Use is available at all times at www.hermaid.me/legal/allgemeinegeschaeftsbedingungen.
By using the App, you agree to these Terms of Use.

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2.1 Registration requirements
Prior registration is required to use the App and the services offered through it. Only persons of legal age with full legal capacity may register.
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2.2 Proof of eligibility
If registration occurs via a company email address with which hermaid has entered into an agreement (hereinafter the employer), hermaid may require registration via a company-related email address or via access codes (vouchers) issued by hermaid to verify eligibility. Registration or usage data is not shared with the employer or other institutions.
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2.3 Information provided during registration
Data requested during registration must be provided completely, accurately, and kept up to date. Users must promptly update any changes in their profile.
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2.4 Responsibility for the user account
Users must keep their login credentials confidential and protect them from unauthorized access. Users bear sole responsibility for actions taken through their account.
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2.5 Verification
hermaid reserves the right to conduct regular account checks or authentication measures to ensure the integrity and security of the App.
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2.6 Account uniqueness and transferability
Only one user account is permitted per person. The user relationship is strictly personal; the account may not be transferred or inherited.
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2.7 Rules of conduct
The App may only be used for the purposes set out in these Terms. In particular, the following are prohibited:

• using the App for unlawful or unauthorized purposes,
• actions that impair the security or functionality of the App,
• unauthorized sharing or use of other users' accounts.

2.8 Account closure
Users may have their account deleted at any time upon request to the support team at support@hermaid.me.
hermaid is entitled to suspend or permanently delete accounts if there is a violation of these Terms or if the security of the system is at risk.

3.1 Platform availability
The App is provided for mobile devices on iOS and Android operating systems.

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3.2 Further development and updates
hermaid is entitled to further develop the App technically and in terms of content at any time. This may include feature expansions, adjustments, or changes, as well as published updates. There is no obligation to provide specific updates or to permanently maintain specific features. Any updates are indicated within the App.

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3.3 System requirements
To ensure the security and stability of the App, the application is updated regularly. As a result, the required technical conditions may change. Users are themselves responsible for ensuring that their devices and systems meet the current requirements.

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3.4 User responsibility
Users are solely responsible for maintaining a functioning internet connection and ensuring their device is compatible. Any connection costs incurred (e.g. through mobile data usage) are borne by the users themselves.

4.1 Principle
hermaid processes personal data, including health data, exclusively in accordance with the provisions of the General Data Protection Regulation (GDPR) and applicable national data protection laws.

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4.2 Special categories of personal data
Since health data within the meaning of Art. 9 GDPR is also processed as part of using the App, such processing takes place exclusively on the basis of the user's explicit consent or another applicable legal basis.

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4.3 Consent
Consent to the processing of personal and health-related data is expressly obtained and logged during the registration process. Without such consent, use of the App is not possible.

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4.4 Purpose limitation
The data collected is used exclusively for the purpose of providing, improving, and securing the App as well as fulfilling contractual services. Data is only shared with third parties if legally required or if the user has expressly consented.

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4.5 Data processing and hosting
For operating the App and storing data, hermaid uses only carefully selected service providers as data processors within the meaning of Art. 28 GDPR. These process data exclusively according to hermaid's instructions and based on corresponding contractual agreements. Storage generally takes place within the European Union or the European Economic Area (EU/EEA). Should processing occur outside the EU/EEA in individual cases, hermaid ensures an appropriate level of data protection through suitable safeguards under Art. 44 et seq. GDPR.

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4.6 Security of processing
hermaid takes appropriate technical and organizational measures in accordance with Art. 32 GDPR to protect personal and, in particular, health-related data from loss, misuse, unauthorized access, and unlawful disclosure or alteration. This includes, in particular, encrypted transmission of data as well as encrypted storage on servers within the EU/EEA.

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4.7 Privacy Policy
Further information on the type, scope, and purposes of data processing, as well as on data subject rights (e.g. access, correction, deletion, restriction of processing, objection, and data portability), can be found in hermaid's current Privacy Policy. This forms part of these Terms of Use and is available at all times in the App as well as at www.hermaid.me/legal/datenschutz.

Free cancellation: Appointments can be cancelled free of charge through the App up to 48 hours before the start.
Rescheduling: Between 48 hours and 2 hours before the appointment start, the appointment can be rescheduled through the App.
Late cancellation or no-show: If cancellation occurs less than 2 hours before the appointment, or if the user does not show up for the appointment, the full amount for the appointment will be charged. If the booking was made under a license agreement with an employer, the consultation service is forfeited.

Procedure: All cancellations or rescheduling must be made through the App; other forms of communication (e.g. email or phone) have no legal effect.
Scope: These provisions apply exclusively to appointments booked through the web platform. Different rules for other booking channels may be set out separately.

9.1 Responsibility for content provided
hermaid strives to carefully review and regularly update the content of the App. Nevertheless, hermaid does not guarantee the completeness, accuracy, or timeliness of the information provided.
Medical information and recommendations within the App serve general informational purposes and do not replace individual medical advice, diagnosis, or treatment.
The App may contain links to external third-party websites. hermaid has no influence over their content and assumes no liability for it. The operators of external websites are solely responsible for their content.

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9.2 Liability for technical issues
hermaid is not liable for damages arising from technical disruptions, downtime, data loss, or other problems while using the App. This also includes temporary interruptions of App availability due to maintenance, updates, or force majeure.

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9.3 Liability related to user actions
Users are liable for violations of these Terms of Use and applicable law under § 5.5.
hermaid's liability for contractual or other claims by users is limited to the following cases:

• intent or gross negligence by hermaid, its legal representatives, or vicarious agents,
• damage to life, body, or health resulting from a breach of duty by hermaid or its legal representatives/vicarious agents,
• statutory liability under the Product Liability Act, assumption of a guarantee, or fraudulent misrepresentation,
• breach of material contractual obligations — i.e. obligations whose fulfillment makes proper performance of the contract possible in the first place and on whose observance users may regularly rely.

For all other cases, hermaid's liability is excluded to the extent permitted by law.
The above liability limitations apply equally to all officers, employees, and vicarious agents of hermaid and do not affect the statutory burden of proof.

hermaid reserves the right to change these Terms. Users will be notified in good time and have the right to object within 6 weeks. If no objection is raised, the changes are deemed accepted.

All content, information, images, databases, and computer programs published within the App are protected by copyright and are the property of the provider. Use of this content is only permitted within the scope of the App's intended use. Any use beyond this — private or commercial reproduction, modification, distribution, or storage of information and data, in particular of texts, text excerpts, images, and computer programs — requires the prior express written consent of the provider.

If paid services are offered, a statutory right of withdrawal of 14 days from conclusion of the contract applies, which is explained during the booking process in the App.

Changes and amendments must be made in writing. The place of jurisdiction is hermaid's registered office in Berlin. German law applies.

Should individual provisions be invalid, the remaining provisions remain valid. The parties agree to replace the invalid provision with a legally valid provision that is economically comparable.