General Terms and Conditions

1. Scope and role of the platform

1.1 These Terms and Conditions govern the use of the platform for online, asynchronous dermatology consultations between patients and independent licensed doctors.

1.2 The platform does not provide its own medical services. It provides the technical infrastructure, case intake, secure forwarding to a doctor, payment processing support and customer support.

1.3 Other terms proposed by users do not apply. Individual agreements between patient and doctor take precedence where they concern the medical treatment.

2. Conditions of use

2.1 To use the service you must be of legal age and create your own user account with secure login (for example two-factor authentication). You must keep your login details confidential.

2.2 The platform is not intended for emergencies. In any emergency you must immediately seek in-person medical care or contact local emergency services.

2.3 Identity verification: To prevent misuse and ensure that cases are correctly assigned, the platform may require appropriate identity verification (for example verification via mobile number or a one-time code).

2.4 Use of the account: Accounts are personal and non-transferable. Sharing login credentials is not permitted. In case of misuse, the platform may temporarily or permanently block accounts.

3. Description of platform services

3.1 Patients submit photos and medical information about a skin problem through an online form. The platform checks formal completeness and forwards the case to a suitable doctor from a vetted pool. There is no free choice of doctor and no live appointment or video consultation.

3.2 Communication about health-related content generally takes place in the secure portal. E-mails or SMS are used only for notifications and verification. If necessary, the doctor may also contact you by phone.

3.3 Availability: The platform aims to provide high technical availability but cannot guarantee uninterrupted service at all times (for example due to maintenance or external disruptions).

3.4 Maintenance & force majeure: The platform may carry out planned maintenance windows or updates. Events outside our control (for example outages at data centre or network providers, natural events or official orders) may affect availability.

3.5 Reference to liability: Any claims relating to availability or operational disruptions are governed by section 9 (Warranty and liability).

4. Contract structure and conclusion

4.1 By clicking “submit paid request” you make a binding offer to conclude a platform/mediation contract with the platform. You will receive a confirmation of receipt; this is not yet an acceptance.

4.2 Your offer is accepted when the platform forwards your case to a doctor. The platform/mediation contract ends once the case has been forwarded or technically closed.

4.3 Treatment contract: The medical treatment contract is concluded directly between the patient and the treating doctor when the doctor accepts and processes the case. The platform is not a party to this contract.

5. Overview of the mediated medical service

5.1 After receiving the case, the doctor checks whether online treatment is appropriate in the individual situation. If not, you will receive a recommendation for in-person treatment and the case may be declined.

5.2 If online treatment is appropriate, the doctor prepares a written medical report asynchronously. A private prescription is issued only if it is medically indicated and at the doctor’s discretion. There is no automatic right to a prescription.

6. Fees, payment processing, invoices

6.1 The medical service is billed as a self-pay service. Whether any part is reimbursed by health insurance depends on your individual insurance and is not guaranteed.

6.2 Payment is processed by an external payment provider (for example Stripe) who is independently responsible for processing payment data. Their own terms and privacy notices apply at checkout.

6.3 Invoices: Invoices are issued in the name of eHautarzt. The platform is responsible for the correctness of invoices it issues.

6.4 Refunds / rejected cases: If a case is rejected by the doctor (for example because online treatment is not appropriate) or must be cancelled for technical or organisational reasons (for example a minor without guardian consent), any fees already paid via the platform will be refunded in full.

7. Patient obligations

7.1 Information must be truthful and complete. You may only upload photos and content that you are allowed to share. Manipulating photos in a misleading way is not permitted.

7.2 Users may not misuse the platform (for example by sending spam, uploading malware, attacking systems or bypassing access controls).

7.3 Updating contact and billing data: Changes to your name, address, e-mail, mobile number or other contact/billing details must be updated promptly in your account or sent to the platform in text form. Until you update them, notifications can be sent to the last stored contact details.

7.4 Consequences of not updating data: The platform is not liable for delays or non-delivery of messages caused by outdated or incorrect contact or billing data. Legal retention and proof obligations may require us to keep historical data in archives. Changes that affect medical data or the patient record are forwarded to the treating doctor.

8. Rights to submitted content

8.1 Patients grant the platform and the treating doctor a simple, non-exclusive, non-transferable, purpose-limited right to use the submitted content (photos, information) solely for processing the case, forwarding to the doctor, documentation (including legal retention periods) and legal proof. Content will not be used for publication, advertising, training or AI model development. Only technically necessary processing (such as compression, format conversion, pseudonymisation or encryption) is carried out. The right of use is limited in time to the duration of contract performance and the legal retention and proof periods.

9. Warranty and liability

9.1 No responsibility for the doctor–patient relationship: The platform is not responsible for the conclusion or performance of the treatment contract between patient and doctor. Claims arising from this medical relationship exist only between patient and doctor. The platform is not liable for treatment errors, consultation errors, missed deadlines or other breaches of duty by doctors.

9.2 Medical services – legal framework: Warranty and liability for medical consultation services are governed by the medical contract between you and the doctor and by applicable health and contract law. Any limitations of liability in the doctor’s own terms apply in addition.

9.3 Telecommunications and third-party systems: For interruptions or disruptions caused by third-party telecommunications or hosting services, the platform’s liability is limited to the extent that such providers are liable to the platform. The platform is not liable for the functioning of external telephone or data lines, power failures or failures of systems outside its control.

9.4 Platform’s own liability: The platform is liable – regardless of the legal basis –

• without limitation in cases of intent and gross negligence,
• without limitation for damage to life, body or health in accordance with mandatory law,
• for simple negligence in the breach of essential contractual obligations only for foreseeable, typical damage. Essential obligations are those which must be fulfilled to enable proper use of the platform and on which users regularly rely.

9.5 Guarantees and product liability: Liability under a guarantee exists only if the platform has expressly assumed such a guarantee. Mandatory statutory liability, for example under product liability laws, remains unaffected.

10. Term, termination, blocking

10.1 The platform/mediation contract ends when the case is technically completed. Patients can close their user account at any time; open cases are first completed or cancelled.

10.3 Extraordinary termination and blocking: The platform may block or terminate access without notice for good cause, in particular in cases of misuse, security risks, false information, payment default or where legal or regulatory requirements demand this.

11. Applicable law and jurisdiction

The service is provided under the law of the country where the operator of the platform is based, while mandatory consumer protection rules of your country of residence remain in force. The competent courts follow the applicable procedural law.

12. Changes to these Terms and Conditions

The platform may change these Terms and Conditions for the future if there are objective reasons (for example changes in laws or in the platform’s functions). We will inform you in good time in your account or in the portal about important changes. Continued use after the changes take effect counts as consent, unless essential contract content is affected. In such cases, we will obtain explicit consent.

13. Contact

eHautarzt · Support & Legal · E-mail: info@eHautarzt.com
Complaints & disputes: Please contact us by e-mail. We will review your request and aim for an amicable solution.

14. Miscellaneous

14.1 Set-off and right of retention: You may only set off claims against claims of the platform if your counterclaims are undisputed or have been finally determined by a court. A right of retention exists only if it is based on claims from the same contractual relationship with the platform.

14.2 Assignment: Assignment of claims arising from this contractual relationship is not permitted without prior consent of the platform.

14.3 Text form and notifications: Legally relevant declarations may be made in text form (for example via portal message or e-mail), unless a stricter form is required by law.

14.4 Contract language: The contract language is English. Translations into other languages are for convenience only.

14.5 Severability: If individual provisions of these Terms and Conditions are or become invalid, this does not affect the validity of the remaining provisions.