Terms & Conditions
background And Term
- The following terms and conditions regulate the provision and use of the services offered by LineTweet (LineTweet or “we”) GmbH c/o Factory Works GmbH Lohmühlenstr. 65 12435 Berlin
- LineTweet offers doctors (customer) the possibility to use call systems with waiting numbers and appointment numbers to control patient management and waiting times.
- The doctor wishes to have access to the service.
- By registering as a doctor and using the system you accept the following terms and conditions.
- LineTweet only offers the service with regard to the services described here. Under no circumstances is LineTweet responsible for the service provision between the doctors and the patients. LineTweet is not responsible for any delays, errors in number assignment or missed appointments. For further details, see Liability and Availability.
Conclusion of Contract
- Before using the services, the customer must register on the website and create a user account. The customer guarantees that all information provided during the registration process are true and complete and is obliged to report any changes. Upon registration, the customer will choose a password. The customer is required to keep the password confidential. LineTweet will not release the password to any third party.
- By registration, the customer makes an offer to enter into a contract for the use of the services. LineTweet requests the customer to verify the e-mail address and unlocks the customer's account. By this activation of the customer for the services we accept the offer of the customer to the conclusion of the contract.
- After the account has been activated, the full scope of use is available to the customer. He can enter patient data and assign waiting numbers. Details on the processing of personal data can be found below under Data Protection.
The general service is free of charge for the customer. The registration and use of the account is without costs.
- In order to use the SMS service, costs are charged for sending the SMS. We work together with the third-party provider ClickSend (https://www.clicksend.com/en/pricing/us) for this service. The dynamic prices listed there apply. In addition to these prices we charge an additional processing fee for each sent SMS. The applicable processing fee is displayed before topping up the credit. All costs are net and plus VAT. Please note, that the costs per SMS depend on the country code of the patient's mobile phone number.
- The SMS service is only available if you have enough credit. The customer has insight into the remaining credit at any time. A patient usually receives two SMS, one confirmation SMS with the individual waiting number plus a link to the status website and a second conformation SMS when the patient can enter the practice for service.
- Remaining credits for the SMS service cannot be refunded.
Term and Termination of Contract
- The contract between LineTweet and the customer is concluded as described above and is concluded for an indefinite period.
- The customer can cancel the contract at any time, which can be done by written notice or in the account. If the account is not used for a period of 6 months, this shall be considered as termination and the customer's data shall be deleted.
- Remaining credits for the SMS service cannot be refunded after cancellation.
CopyrightsThe customer is aware that all rights to the system itself, as well as content published by us, especially the copyrighted usage and exploitation rights, belong to LineTweet. The customer is the owner of all rights to the content posted by the customer.
Rights of UseThe customer shall ensure that the website and the app are not misused, for example by knowingly using viruses, trojans, spyware, adware or other materials, programs or codes that impair the operation of software or hardware. Violation of this provision may constitute a criminal offense. LineTweet will report any such violation to the appropriate law enforcement authorities and cooperate with such authorities by disclosing the identity of the customer. In the event of such violation, the right to use the website and apps shall cease with immediate effect.
- A 100% availability of the system is technically not realizable, which is acknowledged by the customer. There may be short-term disruptions or temporary suspension of services in the system, for example when we carry out maintenance work. However, we try to do everything in our power to ensure availability at all times. If it should happen that availability is limited, any legal claims in this respect are excluded.
- The hardware, software and technical infrastructure used by the customer may also have an influence on LineTweet's services. If such circumstances affect the availability or functionality of the services provided by LineTweet, this shall not affect the contractual conformity of the services provided. In case of a loss of use, the customer shall not be entitled to claim damages or reimbursement of expenses.
- The customer shall not be entitled to claim uninterrupted provision of the services offered at any time. However, breakdowns due to maintenance work will be reduced to a possible minimum.
- In providing the services, LineTweet processes personal data. This includes customer data as well as personal data of the patients which are processed in the course of providing the services. LineTweet strictly adheres to the EU Data Protection Regulation (DSGVO) and the Federal Data Protection Act (new), as well as other relevant data protection laws.
- The customer is responsible for the lawful processing of patient data and for informing patients about the use of the service.
- LineTweet as processor is responsible for processing the data according to the customer‘s instructions. For this purpose, LineTweet offers a Data Processing Agreement (DPA).
- Further detailed information on data protection and data security at LineTweet can be found at www.linetweet.com/privacy.
LineTweet assumes no liability for the service between the customer and its patients.
- In addition, LineTweet shall not assume any warranty or liability for the data entered, the use by the customer, or the associated allocation of waiting numbers.
- LineTweet shall be liable without limitation for damages in the event of intent or gross negligence resulting from a breach of an obligation of LineTweet. Furthermore, LineTweet shall be liable in the event of culpable causation of damage to life, suffering or health based on statutory provisions.
- Otherwise, LineTweet shall only be liable under the Product Liability Act, for culpable violation of essential contractual obligations (so-called cardinal obligations) or in case of fraudulent concealment of a defect. However, claims for damages for the culpable violation of essential contractual obligations shall be limited to the foreseeable damage typical for this type of contract, unless another of the aforementioned cases applies at the same time. Liability for indirect or consequential damages and for loss of profit is excluded.
- Insofar as liability for LineTweet is excluded or limited, this shall also apply to the personal liability of shareholders, employees, representatives and vicarious agents.
- LineTweet provides the services in the respective existing form and function for use. No guarantee or minimum availability is given with regard to the availability of the system. The availability of the system may be partially or completely limited for various reasons. Any liability due to limited availability of the system is excluded for any legal reason whatsoever.
- LineTweet reserves the right to amend these Terms and Conditions at any time, provided that this is necessary for valid reasons, in particular due to a change in the legal situation, technical changes or further development of our services, gaps in the Terms, changes in the market situation or other comparable reasons, and provided that the customer is not unreasonably disadvantaged. The current Terms and Conditions at the time of registration for LineTweet services shall apply.
- LineTweet shall only be entitled to offset or exercise a right of retention against claims of LineTweet if the counterclaims are undisputed or have been legally established.
- German law shall apply to all legal relationships between the customers and LineTweet.
- The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Berlin.