General Terms and Conditions
1. Contracting Parties | Scope
1.1 The following terms of use apply between
Integrative Medicine Easy UG (limited liability)
Vopeliuspfad 3
14169 Berlin
represented by the managing director Raoul Josef Lev Baron, entered in the commercial register of the District Court of Berlin (Charlottenburg) under HRB 222523 (hereinafter referred to as “IME UG (haftungsbeschränkt)”) and the respective user, the information offered on the Internet portal https://akudex.de and all subpages and Services, insofar as the use of the same requires registration of the user (hereinafter referred to as “services”) and the private buyer of offered goods (hereinafter referred to collectively as “users”).
1.2 These terms of use also apply to future contracts between Integrative Medicine Easy UG (haftungsbeschränkt) and the user, without the need for a corresponding notice from Integrative Medicine Easy UG (haftungsbeschränkt) in individual cases. By using our website, you confirm that you accept and agree to comply with these terms of use.
1.3 The generic masculine is used to simplify the presentation of the terms of use. All personal names apply to all genders.
2. Conclusion of Contract | Services
2.1 Access to AKUDEX and full use of the Software as a Services (SaaS) service requires registration by the user. This registration is free of charge. To do this, the user must provide the following personal data: first name, last name, e-mail and a password of their own choice
2.2 As part of the registration process, all mandatory fields must be completed completely by the user. By completing the registration process, the user accepts these terms of use. By registering, the user submits an offer to conclude a contract for the use of AKUDEX on the basis of the terms of use. The acceptance of Integrative Medicine Easy UG (haftungsbeschränkt) results in a binding user contract.
2.3 The user assures that all data provided by him during registration is true and complete. Furthermore, the user is obliged to keep the data provided up to date at all times.
2.4 Before activation, the email address provided by the user must be verified. An automatic email is sent to the user after the registration process. The email address provided can be verified via the activation link.
2.5 The content offered on AKUDEX is only available after successful registration of the user.
2.6 Registration is also required if the user wishes to use offers from external partners. The special offer can be used by means of an activation code, manual activation or comparable techniques to verify cooperation with an external partner.
2.7 Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to change license fees. As part of special promotions, Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to introduce new license models. Existing user contracts remain in place and will not be changed within the contractually agreed period of use.
2.8 By registering with Integrative Medicine Easy UG (haftungsbeschränkt), the user can register for the optional newsletter service. The newsletter service is provided by the external provider Mailjet. You can unsubscribe from the newsletter via the last email. This deletes the stored data from Mailjet and our database.
2.9 Signing up to receive the newsletter is independent of registering with AKUDEX. Unsubscribing from the newsletter does not include cancellation of use of AKUDEX.
2.10 Access to the website is granted for a limited period of time. Integrative Medicine Easy UG (haftungsbeschränkt) expressly has the right to change, restrict or temporarily or permanently delete parts or the entire service without prior notice. Integrative Medicine Easy UG (haftungsbeschränkt) assumes no liability in the event that the service is temporarily unavailable for any period of time.
3. Rights of use | Scope of services
3.1 During the contract period, the user has the contractual option to use the services of www.Akudex.de for private or commercial purposes. This includes loading and displaying all content on the platform. The use is not transferable, sub-licensable or divisible.
3.2 Users may only use the Services as required by the Terms of Use.
3.3 The content offered on AKUDEX is a database for knowledge about Traditional Chinese Medicine (TCM). In addition to atlases for acupuncture points and microsystems, AKUDEX also offers an encyclopedia for TCM knowledge. AKUDEX also provides an overview of the scientific evidence of the leading symptoms presented.
4. Obligations of the user
4.1 The User represents and warrants that they are using the Services lawfully and using them in accordance with all applicable laws and regulations. In the event of violations, Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to block/delete user accounts if necessary
4.2 The user is responsible for procuring necessary technical equipment and any additional services required by third parties for the use of the service, at his own expense. It includes end devices, software, networks and operating systems. Integrative Medicine Easy UG (haftungsbeschränkt) is not involved in this in any way.
4.3 The user is solely responsible for the content of all data that he publishes, uploads, displays, exchanges and stores on the Service. Integrative Medicine Easy UG (haftungsbeschränkt) is unable to review all content submitted by the user and may take action against the user in the event of disregard of the guidelines and, without notice or liability for it. Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to block and/or delete affected content and user accounts in this case.
5. Term | Cancellation
5.1 The term of the user contract begins with the activation of the account.
5.2 Each user contract remains in force for an indefinite period of time, unless it is terminated in accordance with the user contract. Integrative Medicine Easy UG (haftungsbeschränkt) or the user may terminate the user contract at any time with immediate effect.
5.3 The right of both parties to extraordinary termination for good cause remains unaffected.
5.4 With the free registration, the user is granted the right to use the free content on the AKUDEX platform. Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to vary the limited free content both in terms of time and content. Free use is provided for the period of commissioning of AKUDEX. There is no legal claim to free use.
5.5 The stated prices of the license models are gross prices, i.e. including statutory value added tax. The license fees must be paid immediately after conclusion of the contract. When paying, the user is entitled to a period of use advertised according to the license model. Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to exclude users until the bill has been settled.
5.6 The amount due in each case can be paid by means of a transfer to the third-party provider. Payment is processed in cooperation with Stripe Payments Europe, Ltd., c/o A&l Goodbody, Ifsc, North Wall Quay, Dublin 1, Ireland (hereinafter: “Stripe”), subject to the Stripe Terms of Use, available at https://stripe.com/de/terms, to which the Seller assigns his payment claim. Stripe collects the invoice amount from the customer's specified credit card account or bank account. In the event of assignment, payments can only be made to Stripe with debt-discharging effect. The credit card will be charged immediately after sending the customer order in the invoice portal or 2 days via SEPA direct debit. The seller remains responsible for general customer inquiries even when selecting the payment method via Stripe.
5.7 Integrative Medicine Easy UG (haftungsbeschränkt) forwards the user to STRIPE via an SSL-secured connection for payment processing, as described in point 5.5.
5.8 Integrative Medicine Easy UG (haftungsbeschränkt) strives to provide all content on AKUDEX for use via the Internet. Force majeure or temporary technical failures may result in short-term unavailability of the product for the user. In the event of planned interruptions to contractual services, the user will be informed in good time via the e-mail address provided. Between 03:00 and 05:00 in the morning, maintenance work can affect access to AKUDEX. The user will be informed in good time.
6. Property rights
6.1 Integrative Medicine Easy UG (haftungsbeschränkt) expressly reserves all rights to the intellectual property of the website. Integrative Medicine Easy UG (haftungsbeschränkt) owns and remains the owner of all property rights, including all copyright, database, patent, trade secret, trademark and other intellectual property rights and technical solutions, on and for the Services. All content is subject to German copyright and ancillary copyright law.
6.2 Without written permission, this website may not be displayed in other frames, made available to the public or to third parties or used for commercial purposes.
6.3 Integrative Medicine Easy UG (haftungsbeschränkt) reserves the right to publish new versions and upgrades of the service at any time without prior notice. This applies to all parts of the offering, design, operating method, technical specifications, systems and other functions.
7. Data protection
7.1 User data is processed in accordance with data protection law.
7.2 The details of the processing of personal data and our cookie policy are explained in more detail under Privacy Policy.
8. Liability | Disclaimer
8.1 Integrative Medicine Easy UG (haftungsbeschränkt) is liable for itself and its employees, regardless of the reason, only for intent and gross negligence. Integrative Medicine Easy UG (haftungsbeschränkt) is liable without limitation (a) for injury to life, body or health by AKUDEX, or all claims mentioned above, indirectly or directly, (b) for damages due to warranted properties, and (c) claims in accordance with the Product Liability Act.
8.2 Integrative Medicine Easy UG (haftungsbeschränkt) is not liable for damages or disadvantages incurred by the user indirectly or directly as a result of unforeseen or unauthorized use of the service.
8.3 The materials may contain inaccuracies and misprints. Integrative Medicine Easy UG (haftungsbeschränkt) does not guarantee the accuracy or completeness of the materials.
8.4 AKUDEX presents links and embeds to/from external sites that are not under the control of Integrative Medicine Easy UG (haftungsbeschränkt). Despite testing, Integrative Medicine Easy UG (haftungsbeschränkt) assumes no liability for the content of external sites. The external providers are solely responsible for the content, even if they are listed on AKUDEX.
8.5 Integrative Medicine Easy UG (haftungsbeschränkt) does not guarantee the completeness of the available studies. The studies presented can present the described procedure in a biased way.
8.6 The content and information made available is academic in nature and is for informational and learning purposes only. Integrative Medicine Easy UG (haftungsbeschränkt) does not make any diagnoses and expressly does not provide any recommendations or advice regarding the treatment of specific diseases. The service is not suitable to be used to treat real cases and in no way replaces a visit to a doctor. Integrative Medicine Easy UG (haftungsbeschränkt) assumes no liability for information on procedures, applications, acupuncture and related procedures. Any application, application or acupuncture is at the user's own risk. Although all professional information made available by Integrative Medicine Easy UG (haftungsbeschränkt) is compiled by experts, it is not to be regarded as a substitute for personal and professional advice or treatment by trained and recognized experts.
9. Changes terms of use:
9.1 Integrative Medicine Easy UG (haftungsbeschränkt) expressly reserves the right to change these terms of use with effect for the future without giving reasons. Integrative Medicine Easy UG (haftungsbeschränkt) will inform the user in text form (a simple e-mail is sufficient) at least two (2) weeks before it comes into effect. Any changes are deemed accepted as soon as the user has been informed of them and/or continues to use the services and the website. A current version is always available on this page.
10. Applicable Law | Final Provisions
10.1 This website and its terms and conditions of use are subject to the law of the Federal Republic of Germany, excluding the UN Sales Convention.
10.2 The parties agree that the place of jurisdiction at the registered office of Integrative Medicine Easy UG (haftungsbeschränkt) is exclusively responsible for the settlement of disputes or claims (contractual or non-contractual) arising directly or indirectly from or in connection with the service contract or its object or its foundation.
10.3 Should individual contractual provisions be or become invalid in whole or in part, the remainder of the contract remains effective. In the event of such ineffectiveness, the contracting parties will make a legally effective individual provision that comes as close as possible economically to the ineffective provision. The same applies in the event of a regulatory loophole.
11. Revocation instructions
11.1 The user has the right to withdraw from the contractual relationship with Integrative Medicine Easy UG (haftungsbeschränkt) within 14 days of the conclusion of the contract without giving reasons. Notification will be sent via e-mail [email protected]. The notification must clearly indicate the decision that the contract wishes to be revoked.
11.2 Upon receipt and verification of the revocation by Integrative Medicine Easy UG (haftungsbeschränkt), a refund will be initiated within 14 days of receipt of the notification. The repayment is made using the same means of payment with which the payment was made.
11.3 Cancellation policy for the provision of services only applies to consumers in accordance with §13 BGB
Date: August 2022