Terms of Use

  1. Contractual parties/ Scope

    1. The following terms of use apply between Taking Medical History Questions - Hannes Eichinger and Pablo Hagemeyer GbR
      Auguststr. 1
      10117 Berlin
      represented by the shareholders Hans Eichinger, Pablo Hagenmeyer (hereafter referred to as “Taking Medical History Questions GbR”)
      for the offerings presented on the website
      www.takingmedicalhistoryquestions.com
      and the respective user of provided information and services as far as the use of the same presupposes a registration of the user (hereinafter referred to as "services") as well as the buyer of offered goods (hereinafter called "users") provided on the internet portal www.takingmedicalhistoryquestions.com as well as all subpages.
      If specific conditions for individual uses of this online application deviate from the following terms of use, this will be indicated at an appropriate place on the website. In each individual case, special conditions of use apply in addition.

    2. Taking Medical History Questions GbR provides the platform www.takingmedicalhistoryquestions.com, which offers online services and content in particular to physicians and medical personnel as well as other healthcare professionals.
      Access and use of the platform are separate from each other. However, for the use of both platforms, the following terms of use apply. Some of the content provided on the website can only be accessed upon completed registration.

    3. Taking Medical History Questions GbR provides the aforementioned services and goods solely on the basis of these Terms of Use. Deviating terms will not be recognised unless there is an express written confirmation from Taking Medical History Questions GbR.
      The following terms of use are subdivided as follows:
      • general rules I for all users of services that are subject to registration
      • general rules for users of chargeable offerings (services or goods) and
      • general rules II for all users of services that are subject to registration

  2. A. General rules I for all users of services that are subject to registration

  3. Contractual object

    1. Taking Medical History Questions GbR is a translation platform for medical history matters.

  4. Registration/Conclusion of an agreement

    1. To be granted access to the translation service the user is required to register. Registration is free of charge. It takes place by opening a membership account. As part of the registration, the user must completely fill in all mandatory fields.

    2. Registration is subject to the terms of use being accepted by the user during the registration process in the app or on the website.

    3. By completing the registration process, you submit a proposal to conclude an agreement with respect to Taking Medical History Questions based on these Terms of Use. Taking Medical History Questions GbR accepts this proposal by activating the user account. This acceptance creates a contractual relationship free of charge between the user and Taking Medical History Questions GbR. The user assures that all his/her data provided during the registration process is true and complete. Furthermore, the user is obliged to keep the specified data up to date at any time. Choosing a password is required during registration. The privacy of the password and all activities within this account are entirely the responsibility of the user. Passing on the password to a third party is not permitted. There is no entitlement to registration. Taking Medical History Questions GbR expressly reserves the right to refuse a registration request by not activating the corresponding user account. In addition, Taking Medical History Questions GbR is entitled to revoke access by disabling the login details. There is no obligation for Taking Medical History Questions GbR to inform a user about reasons for refusal or revocation of the access authorisation.

    4. 4. At any time, the user may request the deletion of his/her registration in writing or via appropriate function on Taking Medical History Questions. In this case, Taking Medical History Questions GbR will delete all user data and any other stored personal data of the user as soon as it isn’t required any longer.

  5. B. General rules for users of chargeable offerings

  6. Contractual object

    4. Contractual object

    1. There are different pricing models available - monthly or annual charges - for the use of paid services. The range of functions is identical.

  7. Registration/Conclusion of an agreement

    1. User registration on Taking Medical History Questions is required for the use of paid services and the essential acquisition of the corresponding rights of use (license). Accordingly, clauses 3.1 to 3.7 apply.

    2. The user will be informed about the content of a fee-based service, pricing and the terms of payment before concluding a chargeable agreement.

    3. By confirming the button “Buy now for a fee” the user declares to be willing to conclude an agreement for the paid services chosen by him. Confirming the button “Buy now for a fee” only represents an offer by the user to conclude an agreement. This is binding for a period of 7 working days. Taking Medical History Questions GbR expressly reserves the right to accept or reject the agreement offered by the user within this period. There is no entitlement for conclusion of the agreement.

    4. The offer will be accepted by Taking Medical History Questions GbR and thus the conclusion of the agreement will be confirmed by an e-mail to the user, sent by Taking Medical History Questions GbR.

    5. Taking Medical History Questions GbR reserves the right to change the usage fees for new users and to introduce new usage models in the context of special promotions. The usage fees for registered users do not change within the contractually agreed period of use.

  8. Cancellation policy

    1. Cancellation policy for the provision of services (only applies to consumers in accordance with § 13 BGB)
      Right of revocation

      The user has the right of revocation for this agreement without giving reasons, within fourteen days. The revocation period is fourteen days from the date of the conclusion of the agreement. In order to exercise the right of revocation, the user must inform us (Taking Medical History Questions - Hannes Eichinger and Pablo Hagemeyer GbR, Auguststrasse 1, 10117 Berlin, email: medicalhistory@posteo.de) by means of a clear statement (e.g. letter sent by post or e-mail) about his decision to revoke from this agreement. The user may use this sample withdrawal form, but this is no requirement. To comply with the revocation period, it is sufficient that the user sends the notice of exercising his/her right of revocation before the end of the revocation period.

      Consequences of the revocation

      If the user revokes this agreement, we are obliged to repay all payments that we have received as part of this agreement, including delivery charges (except for additional costs resulting from having a delivery method deviating from the most favourable standard delivery we offer), immediately and at the latest within fourteen days from the day on which the notification of his/her revocation of this agreement has been received by us. For this repayment we will use the same means of payment used in the original transaction by the user unless expressly agreed otherwise with him/her; In no case, the user will be charged any fees for the repayment. If on user request services started during the revocation period, he/she shall pay a reasonable amount equal to the share of Services already received by the time he/she informs us of exercising the right of revocation in respect of this agreement, compared to the total volume of services provided for, in the agreement.


  9. Fees and terms of payment

    1. The indicated fees or prices are final fees/prices including VAT. Taking Medical History Questions GbR reserves the right to price/fee amendments due to printing errors and mistakes.

    2. The user fees or the purchase price are due immediately upon the conclusion of the agreement. Access to the services will be granted subject to the receipt of payment. Default of payments entitles Taking Medical History Questions GbR to exclude the user until due claims have been settled.

    3. The amount due can be paid by credit card (VISA, Mastercard, American Express) on www.takingmedicalhistoryquestions.com and the Taking Medical History Questions App. By registering for a paid service or ordering goods and providing the information required for the selected payment method, the user grants authorization for the collection of the corresponding amount.

    4. The user may be responsible for any costs incurred as a result of a chargeback of a payment transaction due to a lack of funds or due to incorrectly transmitted data, plus a handling fee of EUR 10.00.

    5. Granting access to paid services is based on the usage costs corresponding to the selected usage model (total price). This total price for a billing period is due regardless of whether and how the user uses the offer.

    6. The user is only entitled to offset if his claims have been legally established or are undisputed or have been acknowledged in writing by Taking Medical History Questions GbR. The user can only exercise a right of retention if the claims result from the same contractual relationship.

    7. Taking Medical History Questions GbR is responsible for the payment transactions via the website and the app and conducts the transactions exclusively via SSL-secured connections.

  10. Usage free of charge

    1. In cases where the use of paid services is free of charge (for example as part of a trial period or special promotions), the functionality may be limited. In these cases, there is no entitlement for permanent use. In addition, Taking Medical History Questions GbR reserves the right to limit the range of functions in such cases at any time. In deviation to clause 9, in the case of usage free of charge, both contracting parties are entitled to terminate the contractual relationship without giving reasons with immediate effect.

    2. After the expiry of the free period of use, access remains granted to the respective online platform Taking Medical History Questions. Terms and conditions for Taking Medical History Questions users apply according to clause A.

  11. Duration and termination for paid services

    1. The duration of the respective usage agreement for services depends on the chosen usage model. The term of the user agreement begins with the activation of the user account for the use of the respective fee-based service and ends after the expiry of the period of use provided for in the usage model. The agreement ends after the expiry of the period of use defined by the usage model without a separate declaration. At the end of the agreement period, the authorization to use the respective fee-based service ends. The personal user profile on Taking Medical History Questions remains in effect and is available to the user free of charge for a period of 12 months after termination has taken effect.

    2. The mutual right to extraordinary termination for good cause remains unaffected. Such a reason exists in particular if a contracting party intentionally violates essential obligations, arising from this agreement and thereby intentionally infringes the interests and objects of the legal protection of the other part. A cause for extraordinary termination exists for Taking Medical History Questions GbR in particular if the user
      • Is in arrears with a due payment more than 10 working days on receipt of a payment reminder or warning
      • Taking Medical History Questions GbR ceases operations permanently.

    3. An extraordinary termination is possible without notice time. Termination must be in writing, e.g. by e-mail or letter.

    4. In the case of extraordinary termination, there is no entitlement to a refund for user fees already paid.

    5. Legal rights of withdrawal remain unaffected by the termination rights set out above.

    6. In the event of termination, Taking Medical History Questions GbR will store all personal data of the affected user account for the relevant paid service for 12 months. Unless the user no longer uses the service by re-paying one of the price models, the user data will be deleted automatically after 12 months.

  12. C. General rules II for all users of services that are subject to registration,

  13. Technical requirements

    1. To use the content and services of AMBOSS GmbH, sometimes it is necessary to use certain technical systems such as terminals, software, transmission routes, telecommunications and other services of third parties, which may cause further costs, in particular, connection fees. Such connection and data transmission costs, e.g. costs for internet connections, will be charged and deducted in accordance with the applicable rates by the respective telecommunications provider. Payments need to be arranged with the respective provider. Taking Medical History Questions GbR is not involved thereon in any way. Providing any technical requirements is also solely the responsibility of the respective user.

  14. Availability

    1. Taking Medical History Questions GbR is required to make available and accessible all services offered for Taking Medical History Questions for use by the internet. The contents are to be stored on a server in such a way that they are accessible for the user per data network at any time for the duration of their respective selected period of use. The user acknowledges that the service can be unavailable temporarily. This may be due to force majeure, technical circumstances or disruptions - caused by Taking Medical History Questions GbR or third parties. Taking Medical History Questions GbR is entitled to suspend the service temporarily or discontinue it. In particular, at its sole discretion, services offered free of charge may be wholly or partially terminated or suspended, converted into paid offers or modified otherwise at any time. In the event of a foreseeable interruption or termination of the offer, the user will be informed by Taking Medical History Questions GbR timely, by sending a message to the specified e-mail address. A service interruption lasting more than two (2) weeks entitles users to termination of the paid account in writing (by e-mail or letter). In this case, fees already paid and not yet provided by Taking Medical History Questions GbR will be reimbursed pro rata temporis.

    2. Taking Medical History Questions GbR will announce predictable maintenance at least 24 hours in advance.

  15. Data protection

    1. Taking Medical History Questions GbR is aware of the importance and sensitivity of the data transmitted to it by its users. Therefore, the responsible handling of data of its users and the respect of the protection of personal data are a major concern to Taking Medical History Questions GbR. Taking Medical History Questions GbR respects all relevant laws when processing personal data. Details on privacy can be found in the privacy policy of Taking Medical History Questions GbR.

    2. The user always has the right to information, correction, deletion or blocking of his/her personal data.

  16. Amendments to the Terms of Use

    1. The contents published on Taking Medical History Questions - in particular, any text, used examination tasks, graphics, films, software, websites, other multimedia works, and the underlying programming - are subject to German copyright and ancillary copyright. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the respective copyright holder. Rights holder are Taking Medical History Questions GbR or third parties involved with Taking Medical History Questions GbR, e.g. by license agreements. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Any unauthorized duplication or passing on of individual contents or complete sites is not permitted and punishable. This also applies to commercial use, proliferation and imitation of the services offered as well as use for advertising purposes. Displaying of this website in external frames is only allowed upon written permission.

  17. Property rights

    1. The contents published on Taking Medical History Questions - in particular, any text, used examination tasks, graphics, films, software, websites, other multimedia works, and the underlying programming - are subject to German copyright and ancillary copyright. Any use not permitted by German copyright and ancillary copyright law requires the prior written consent of the respective copyright holder. Rights holder are Taking Medical History Questions GbR or third parties involved with Taking Medical History Questions GbR, e.g. by license agreements. This applies in particular to the duplication, editing, translation, storage, processing or reproduction of content in databases or other electronic media and systems. Any unauthorized duplication or passing on of individual contents or complete sites is not permitted and punishable. This also applies to commercial use, proliferation and imitation of the services offered as well as use for advertising purposes. Displaying of this website in external frames is only allowed upon written permission.

    2. All brands and trademarks mentioned within this website and, where applicable, protected by third parties, are subject to the provisions of the respective applicable trademark law and the ownership rights of the respective registered owners without restriction. A sole mentioning of brands and trademarks within our website doesn’t allow the conclusion that the content mentioned is not protected by third-party rights.

  18. Rights of use (license)

    1. Subject to payment of user fees in accordance with clause 7, Taking Medical History Questions GbR grants the essential rights of use (license) for the contractual use of the respective service to the user, in particular, any text, images, graphics, and tables. The granting of rights is limited to the duration of the respective usage agreement. It is non-exclusive and not transferable.

    2. The contractual use includes loading, displaying and visualization of the platform content for information purposes only.

    3. Taking Medical History Questions GbR expressly reserves the right to change, supplement, delete or discontinue parts of the offer or the entire offer without prior notice.

    4. The user is not entitled to any use or exploitation that exceeds the purpose mentioned in clauses 15.1. to 15.3. Any other use, in particular, renting leasing or other disposition, duplication, distribution, broadcasting, providing public access, dissemination and editing of the underlying software, database or content is excluded and requires the prior consent of Taking Medical History Questions GbR. Otherwise, it represents an infringement of property rights, which is prosecuted under civil and possibly criminal law.

    5. In addition, the legal limits arising from copyright and other applicable legal provisions apply. The rights according to clause 6 of the Copyright Act (UrhG) remain unaffected by the provisions of this clause 15.

    6. It is expressly pointed out that the acquisition of rights of use for all services offered on Taking Medical History Questions includes use by 1 user. Making the contents accessible to other users is not permitted. The user is responsible for all actions taken via his user account. In addition, the user is obliged to inform Taking Medical History Questions GbR immediately if he becomes aware of improper use of his access.

  19. The obligation of the user to lawful conduct

    1. The user assures that he conducts legally while using the services of Taking Medical History Questions GbR, in particular, pursues no illegal purposes, does not infringe any commercial property rights or copyrights or other ownership and personal rights. Taking Medical History Questions GbR reserves the right to disable user accounts in the event of any breach of these Terms of Use.

    2. On-demand, the user declares to indemnify Taking Medical History Questions GbR from all claims that are made by third parties against Taking Medical History Questions GbR due to the user's culpable (negligent or intentional) violations of law.

    3. The user is not entitled to pass on his/her login details to third parties. The user is obliged to protect his/her password against access by unauthorized persons. Should, due to multiple, simultaneous access to a user account, Taking Medical History Questions GbR suspect that an account is used by multiple persons, it is entitled to disable the user account without prior notice.

    4. Activities that aim at rendering the Website non-functional or at least obstruct the services offered are prohibited. Taking Medical History Questions GbR reserves the right to civil or criminal prosecution.

  20. Code of conduct for interactive areas

    1. Using any offered interactive areas for advertising purposes is prohibited. 20.2 Some of the services provided on Taking Medical History Questions allow the user to post content ("sharing feature"). Taking Medical History Questions GbR is not responsible for the accuracy and/or legitimacy of the content sent.

    2. 17.3 In the event of culpable violation of the provisions of clauses 17.1 and 17.2, the user is liable for compensation for all direct and indirect damages, including possible financial losses to Taking Medical History Questions GbR. In the event of a breach of the aforementioned clauses, the user indemnifies Taking Medical History Questions GbR of any claims of third parties and any resulting costs that are claimed against Taking Medical History Questions GbR, their legal representatives and/or their vicarious agents.

  21. liability

    1. The Taking Medical History Questions GbR is liable for itself, its vicarious agents and employees - for whatever legal reason - only for intent and gross negligence. Claims for compensation due to slight negligence against the Taking Medical History Questions GbR, shall only exist in the case of a breach of essential contractual obligations, the default of the debtor or taking Medical History Questions GbR induced impossibility. Except in the case of intent or gross negligence of Taking Medical History Questions GbR, its vicarious agents or employees, the liability is limited to the amount typically foreseeable at the time of the conclusion of the agreement. Claims for compensation due to impossibility and delay are limited to the amount of the agreement value. The aforementioned limitations of liability do not apply to damages resulting from injuries to life, limb or health. Also, the limitations of liability do not apply in the case of the assumption of explicit guarantees as well as claims due to the absence of guaranteed characteristics. Liability in accordance with the Product Liability Act remains unaffected by the above limitation of liability.

    2. The contents of this website are created with the utmost care. Taking Medical History Questions GbR, however, does not guarantee the accuracy, completeness, and topicality of the content provided.

    3. The content and information provided are of an academic nature and are for informational purposes only. They are intended for doctors and medical personnel as well as other healthcare professionals. Taking Medical History Questions GbR does not make any diagnoses and expressly does not give any advice or recommendations regarding the treatment of specific illnesses. Taking Medical History Questions GbR does not provide guarantees related to details about procedures, applications, forms of application and dosages. For medical concerns, including the choice of medicines and other medical treatments, patients should always consult their doctor or, in urgent cases, seek immediate emergency medical assistance.
      Each usage, application or dosage is at the user's own risk. Such information must be checked for correctness by the user in each case on the basis of other references (manufacturer information, package leaflets, etc.). Unless explicitly stated otherwise, the therapy recommendations and dosages refer to adults. While all technical information provided by Taking Medical History Questions GbR is collected by professionals, it is not to be considered as a substitute for personal and professional advice or treatment by trained and accredited professionals. For physicians and other health professionals, the content provided may be for informational purposes, but should not be used as a basis for diagnosis or treatment selection solely. Physicians and other healthcare professionals are solely responsible for the application and evaluation of the content made available and for compliance with all applicable laws and standards for their professional practice.

    4. As far as laws, standards, ordinances, etc. are quoted, Taking Medical History Questions GbR assumes no responsibility for the accuracy or topicality of the information. In the event of doubt, the original sources should be consulted.

    5. The services offered on Taking Medical History Questions only have a supporting role in medical history. Taking Medical History Questions GbR does not claim to be accurate or complete as to the content and information made available.

    6. Taking Medical History Questions GbR endeavours to present all relevant sources appropriately in the lawful position. Standard textbook knowledge was used to create the available content. Inquiries about third-party copyright claims can be submitted by post to Taking Medical History Questions - Hannes Eichinger and Pablo Hagemeyer GbR, Auguststr. 1, 10117 Berlin medicalhistory@posteo.de or by e-mail to medicalhistory@posteo.de. Legitimate demands are implemented immediately, the relevant author is mentioned at the appropriate location or the relevant content is removed.

    7. Despite careful verification in case of any linking or embedding Taking Medical History Questions GbR assumes no liability for the content of external sites. The content and availability of external sites are the sole responsibility of their operators, even if they are linked to or embedded in Taking Medical History Questions and/or their subpages.

    8. Taking Medical History Questions GbR is not liable for the infringement of third party rights by the interaction of users.

    9. The user agrees to indemnify, defend and hold harmless Taking Medical History Questions GbR, its directors, employees, shareholders, agents and licensors in relation to any loss, damages, claims by third parties, actions and any other costs including reasonable attorney's fees arising out of or in connection with a user's breach of these Terms of Use or any other activity related to the user account or user's or third party access to Taking Medical History Questions via the User Account.

  22. final provisions

    1. The information made available here, in particular, the General Terms and Conditions, can also be accessed, downloaded and printed from the website of the platform operator using the "T&C" or "Terms of Use" link at any time after the start of the business relationship.

    2. Contract language for agreements concluded through www.takingmedicalhistoryquestions.com is German

    3. German law applies to the exclusion of UN purchasing law.

    4. If the user is a registered trader, the place of jurisdiction for all disputes of a financial nature directly or indirectly arising from the contractual relationship is the domicile of Taking Medical History Questions GbR. Any exclusive jurisdiction shall remain unaffected. Place of fulfilment is the head office of Taking Medical History Questions GbR.

    5. Oral collateral agreements do not exist.

    6. If individual provisions of the contract are or become fully or partially ineffective, the remainder of the contract is still effective. In the case of such ineffectiveness, the contracting parties will find a substitute regulation with a rendered provision that is economically as close as possible and legally effective. The same applies in the case of a regulatory gap.