This translation is NOT legally binding and a working translation only. Legally binding and relevant, particularly in case of any discrepancies, is solely the German text.
General Terms of Use for End Users of azuma doa
- "Terms of Use for End Users" hereinafter referred to as "Terms of Use"
- "azuma healthtech GmbH" hereinafter referred to as "azuma"
These terms of use apply between azuma and you as the end user.
1. Scope of Application and Provision
1.1.
azuma healthtech GmbH, based in Munich, offers registered end users (hereinafter: "end users", "you", "you") to use the azuma doa Account developed by azuma (hereinafter: "azuma Account") and other associated services (e.g. provision of storage space, support services, data analysis) free of charge in accordance with the provisions of these General Terms of Use (hereinafter: "Terms of Use"). The End User does not have a contractual relationship with azuma, but with its contractual partner. This contractual partner is an azuma customer. A license agreement has been concluded between azuma and the azuma customer.
1.2.
The software is a Full Service Identiy Provider solution. It is integrated as a software module into an existing software solution of the azuma customer. The end user of the software has a contractual relationship with the azuma customer. The end user must accept azuma's terms of use. Otherwise it is not possible to use the Full Service Identity Provider. The azuma Account is used independently of the contractual relationship between the azuma Client and the End User, i.e. termination of the contractual relationship between the azuma Client and the End User does not automatically lead to the deletion of the azuma End User Account.
1.3.
The azuma Account is a so-called Software-as-a-Service (SaaS) offer.
azuma provides the latest version of the software on a server located in Europe for access via the World Wide Web.
1.4.
azuma may from time to time make changes to the conditions of this user agreement. In this case, azuma will provide 4 weeks' notice in text form. Unless otherwise stated, the amended terms shall take effect immediately and the End User's continued use of the services and software confirms acceptance of the amendments. If the End User does not wish to accept the amended terms and conditions, the End User must discontinue use.
1.5.
By using the azuma Account, the End User accepts these Terms of Use. If the customer does not accept these terms of use, they are not authorized to use the azuma Account.
2. Registration, authorizations and responsibility
2.1.
The azuma Account can only be used after registration using an individual user name and password (hereinafter jointly referred to as "Access Credentials"). Alternatively, the End User can also log in using their Google or Microsoft Account Access Credentials via SSO.
2.2.
Certain End Users can create multiple user accounts for individual users (hereinafter: "Users") within their azuma Account by entering their name and e-mail address and then manage them. The end users, who are usually employees of the client, can be assigned different roles (e.g. "admin user" or "simple user"). The users each receive individual access authorization.
2.3.
For security reasons, azuma recommends that you assign a password of at least eight characters using upper and lower case letters, numbers and special characters; change your password immediately and inform us if you suspect that someone is using your Access Credentials without authorization.
2.4.
All actions taken in connection with your azuma Account, whether authorized or not, are deemed to have been taken by you or on your behalf; however, your responsibility is limited to the extent that you can prove that you have been the victim of an unlawful attack by a third party (e.g. hackers, thieves, fraudsters) despite exercising reasonable care.
2.5.
All personal data provided during registration or user creation will only be processed by azuma and the contractual partner of the end user.
3. azuma's Obligations
azuma is responsible for the following functionalities in relation to the end user:
- Registration process and login
- Management of the necessary registration data
- Mapping of roles and rights
- Management of organization and organizational units
- Control of access rights
- Validation and verification of entered data
4. End User Obligations
Unless expressly regulated elsewhere in these Terms of Use, the End User has the following obligations when using the azuma Account:
- The End User is responsible for the accuracy of the data.
- The end user is not permitted to create collective accounts. One account per person (user) must be created.
- The end user undertakes not to make any false statements.
- Any improper use of the functionalities and crawling is not permitted.
- Consent to data retrieval by the end user's contractual partner.
5. Application Data
All data created or generated by the permitted use of the account provided by azuma by the end user is application data.
azuma is authorized to process all collected and stored data in accordance with the (data protection) legal basis. The processing of personal data is carried out on the basis of Art. 6 para. 1 lit. b GDPR. This data is processed within the framework of the user agreement, among other things to ensure trouble-free operation. azuma is also entitled to evaluate all collected and stored application data that is not personal. This is done in particular for the purpose of customer support, billing and optimization of the application.
azuma backs up the application data on the server several times a day at regular intervals.
6 Deletion
The end user can delete their azuma account in their user profile. The azuma account will first be deactivated and then deleted after the deactivation period has expired.
7. Feedback
azuma integrates feedback functionalities (e.g. survey) into its application. The end user is free to provide feedback. azuma is not obliged to use the feedback and the end user is not obliged to provide the feedback. This is done by integrating survey tools into the software or by evaluating the functionalities or as part of a technical evaluation of the End User's behavior. The end customer will be informed of this in these Terms of Use for End Users.
8. Availability
The availability of the software is at least 99% on an annual average, based on twenty-four hours a day and seven days a week. Excluded from the availability are downtimes due to maintenance and software care, in particular planned unavailability, as well as times in which the software cannot be reached due to technical or other problems that are beyond azuma's control (e.g. force majeure, fault of third parties, etc.).
9. Exclusion of Warranty
azuma guarantees the functionality and operational readiness of the azuma Accounts in accordance with the provisions of these Terms of Use. azuma does not assume any warranty for software products from third-party providers (azuma Customer). Unless otherwise specified below, the statutory warranty provisions apply.
Unless otherwise specified in these Terms of Use or other additional terms and conditions, the software is provided "as is". To the extent permitted by law, azuma excludes all express and implied warranties, including the implied warranty of freedom from defects in title, merchantability and fitness for a particular purpose. azuma assumes no obligation in connection with the content of the Client's services. azuma further disclaims any warranty that
(A) the software will meet your requirements or will be available on an uninterrupted, timely, secure and error-free basis;
(B) the results obtained from the use of the software will be effective, accurate or reliable;
(C) the quality of the software will meet your expectations; or
(D) any errors or defects in the software will be corrected.
10. Liability
azuma shall only be liable to the End User for any damages and expenses incurred in connection with the services in question in accordance with the following provisions. Liability is otherwise excluded. azuma is in particular not liable for the software products of third party providers. azuma is liable without limitation
a) in cases of intent or gross negligence;
b) within the scope of a guarantee expressly assumed by azuma;
c) for injury to life, limb or health;
d) for the breach of an essential contractual obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely ("cardinal obligation"), in the case of simple (slight) negligence, however, limited to the damage reasonably to be expected at the time of the conclusion of the contract, digital net order volume of an average contract year;
e) for claims arising from the Product Liability Act, but only in accordance with the provisions therein.
azuma accepts no liability to the end user for special, immaterial, incidental, indirect or consequential damages of any kind and regardless of the cause, including losses and damages that
(A) result from loss of use, loss of data, loss of reputation, loss of revenue or loss of profit;
(B) result from any other claim in connection with your use of or access to the services or software.
In the event of gross negligence, willful misconduct by azuma or its employees or death or personal injury, azuma's liability shall not be limited or excluded by any provision contained in these Terms.
11. Data Protection
Both azuma and the End User shall comply with the applicable data protection regulations during and in connection with the execution of this contract.
azuma will process personal data on behalf of the Client as part of the provision of services. For this purpose, the parties agree on the provisions of the Data Processing Agreement (DPA).
which must be approved separately. The current version of the DPA can be accessed at any time via the above link.
12. Data Utilization
If the client transmits data to azuma for the purpose of order fulfillment, it is agreed that azuma has the right to use and exploit this data. This data processing serves the purposes of product optimization and the development of new services.
13 Intellectual Property
The intellectual property, industrial property rights and all other rights of azuma remain with azuma.
14 Confidentiality
The parties are obliged to treat all confidential information obtained within the scope of the contractual relationship as confidential for an unlimited period of time, in particular not to pass it on to third parties or to utilize it for purposes other than contractual purposes. Insofar as disclosure to third parties is necessary for the exercise of rights or for the fulfillment of the contract, these third parties shall be obliged to comply with confidentiality obligations that are essentially comparable to this confidentiality. The receiving party may disclose confidential information by way of exception if it is required to disclose the confidential information due to a binding legal, judicial or official decision. Prior to disclosure, the receiving party undertakes to inform the other party immediately in writing of the order for disclosure so that the other party can take legal action in good time to prevent or restrict disclosure.
15. Miscellaneous
Provisional Ineffectiveness If any provision of these Terms of Use is held to be invalid, ineffective or unenforceable for any reason, the remaining provisions shall remain in full force and effect. The invalid, ineffective or unenforceable provision shall be replaced by a valid provision that comes as close as possible to the legal and economic intent of the invalid, ineffective or unenforceable provision.
Force Majeure Neither party shall be liable to the other for any delay or failure to perform any obligation under the Terms if the delay or failure is due to unforeseen events occurring after the effective date of the Terms and which are beyond the reasonable control of the parties, such as strikes, blockades, wars, terrorism, riots, civil commotion, acts of God, acts of God of the parties, or any other cause beyond the reasonable control of the parties, wars, terrorism, riots, natural disasters, refusal of authorization by the government or other governmental authorities, provided that such event prevents or delays the affected party from performing its obligations and such party is unable to prevent or remedy the force majeure at reasonable cost.
This User Agreement shall be governed by German law. If the End User is an entrepreneur within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law, the place of performance and exclusive place of jurisdiction for all disputes arising from the contractual relationship is azuma's registered office