General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
General Terms and Conditions (GTC)
Software License Agreement
Software License Agreement
Software License Agreement
Between
AIRAdoc GmbH
Am BioPark 13
93053 Regensburg
hereinafter referred to as the “Licensor”,
and the “Licensee”, jointly the “Parties”.
The Licensee intends to use the Licensor’s software products within its company for a limited period of time. Accordingly, on the basis of this agreement, the Licensor grants the Licensee a time-limited right of use to its software products and provides the Licensee with the latest available version of the software in each case.
Between
AIRAdoc GmbH
Am BioPark 13
93053 Regensburg
hereinafter referred to as the “Licensor”,
and the “Licensee”, jointly the “Parties”.
The Licensee intends to use the Licensor’s software products within its company for a limited period of time. Accordingly, on the basis of this agreement, the Licensor grants the Licensee a time-limited right of use to its software products and provides the Licensee with the latest available version of the software in each case.
Between
AIRAdoc GmbH
Am BioPark 13
93053 Regensburg
hereinafter referred to as the "Licensor",
and the "Licensee", jointly the "Parties".
The Licensee intends to use the Licensor's software products within its company for a limited period of time. Accordingly, on the basis of this agreement, the Licensor grants the Licensee a time-limited right of use to its software products and provides the Licensee with the latest available version of the software in each case.
1. Definitionen
1. Definitionen
1. Definitionen
"Software" refers to the computer program in object code, as specified in the attached license certificate (Annex 1). (2) "Confidential Information" includes all information and documents of the respective party that are marked as confidential or that should be regarded as confidential under the given circumstances, in particular information about the respective party’s products, including object code, documentation, and other materials, operating processes, business relationships, and know-how.
"Software" refers to the computer program in object code, as specified in the attached license certificate (Annex 1). (2) "Confidential Information" includes all information and documents of the respective party that are marked as confidential or that should be regarded as confidential under the given circumstances, in particular information about the respective party’s products, including object code, documentation, and other materials, operating processes, business relationships, and know-how.
Subject matter of the contract
The subject matter of this Agreement is the temporary provision of the software for use of the web-based administration area of the AIRAdoc platform, as well as the granting of the rights necessary for proper use in accordance with Section 3. (2) The Licensor grants the Licensee access to the AIRAdoc platform via an access code. If the software is protected by a license key, the Customer shall receive the license key solely for use of the software specified in this Agreement and in the license certificate. (3) The required quality of the software shall be conclusively determined by the license certificate. (4) Installation and configuration services are not part of this Agreement, but may be agreed separately between the parties.
The subject matter of this Agreement is the temporary provision of the software for use of the web-based administration area of the AIRAdoc platform, as well as the granting of the rights necessary for proper use in accordance with Section 3. (2) The Licensor grants the Licensee access to the AIRAdoc platform via an access code. If the software is protected by a license key, the Customer shall receive the license key solely for use of the software specified in this Agreement and in the license certificate. (3) The required quality of the software shall be conclusively determined by the license certificate. (4) Installation and configuration services are not part of this Agreement, but may be agreed separately between the parties.
Granting of rights
In exchange for the payment pursuant to Section 5 of this Agreement, the Licensee receives the non-exclusive, time-limited, non-transferable, and non-sublicensable right to use the software within the scope of use assured in this Agreement and the license certificate. Proper use includes the installation, loading, display, and execution of the software installed on the server side. The type and scope of use are further defined by the license certificate. (2) The Licensee is not entitled to transfer the provided copy of the software to third parties. In particular, it is prohibited to sell, lend, lease, or otherwise sublicense the software. (3) In the event of a breach of any of the above provisions by the Licensee, all rights of use granted under this Agreement shall become immediately invalid and shall automatically revert to the Licensor. In such a case, the Licensee must cease all use of the software immediately and completely.
In exchange for the payment pursuant to Section 5 of this Agreement, the Licensee receives the non-exclusive, time-limited, non-transferable, and non-sublicensable right to use the software within the scope of use assured in this Agreement and the license certificate. Proper use includes the installation, loading, display, and execution of the software installed on the server side. The type and scope of use are further defined by the license certificate. (2) The Licensee is not entitled to transfer the provided copy of the software to third parties. In particular, it is prohibited to sell, lend, lease, or otherwise sublicense the software. (3) In the event of a breach of any of the above provisions by the Licensee, all rights of use granted under this Agreement shall become immediately invalid and shall automatically revert to the Licensor. In such a case, the Licensee must cease all use of the software immediately and completely.
4. Registration
4. Registration
4. Registration
Setup of a Payment Method
By registering, the Licensee's administrator gains access to the administration area of the AIRAdoc platform or to their own AIRAdoc portal pages. The administrator account data can be adjusted at any time via the account settings. For subsequent logins, the registered email address and password are required. A password change is only possible in the account settings.
The Licensee's administrator is responsible for the secure storage of the account access data. The Licensor is not liable for damages resulting from any loss.
To use an AIRAdoc portal page as an employee of the Licensee, setting up an account is required (Employee Account). The following employee information is required to set up an Employee Account:
(User) name
The Licensee's administrator adds the employee using the corresponding functionality in the administration area of the AIRAdoc portal page and grants access with the appropriate permissions.
By activating a user-specific account, a usage agreement is established in accordance with these General Terms and Conditions.
To use the AIRAdoc platform as a Licensee, an account must be set up by the Licensee's administrator (Administrator Account). The following information is required to set up an Administrator Account:
Name of the Licensee
Address of the Licensee
Email address
Setup of a payment method (2) Through registration, the Licensee's administrator gains access to the administration area of the AIRAdoc platform or their own AIRAdoc portal pages. The Administrator Account data can be adjusted at any time via the account settings. For subsequent logins, the registered email address and password are required. A password change is only possible in the account settings. (3) The Licensee's administrator is responsible for the secure storage of the account access data. The Licensor is not liable for damages resulting from any loss. (4) To use an AIRAdoc portal page as an employee of the Licensee, the setup of an account is required (Employee Account). The following information of the employee is needed to set up an Employee Account:
(User) name
The Licensee's administrator adds the employee using the corresponding functionality in the administration area of the AIRAdoc portal page and activates access with the appropriate permissions. (5) By activating a user-specific account, a usage contract is concluded in accordance with these General Terms and Conditions.
Setup of a Payment Method
By registering, the Licensee's administrator gains access to the administration area of the AIRAdoc platform or to their own AIRAdoc portal pages. The administrator account data can be adjusted at any time via the account settings. For subsequent logins, the registered email address and password are required. A password change is only possible in the account settings.
The Licensee's administrator is responsible for the secure storage of the account access data. The Licensor is not liable for damages resulting from any loss.
To use an AIRAdoc portal page as an employee of the Licensee, setting up an account is required (Employee Account). The following employee information is required to set up an Employee Account:
(User) name
The Licensee's administrator adds the employee using the corresponding functionality in the administration area of the AIRAdoc portal page and grants access with the appropriate permissions.
By activating a user-specific account, a usage agreement is established in accordance with these General Terms and Conditions.
To use the AIRAdoc platform as a Licensee, an account must be set up by the Licensee's administrator (Administrator Account). The following information is required to set up an Administrator Account:
Name of the Licensee
Address of the Licensee
Email address
Setup of a payment method (2) Through registration, the Licensee's administrator gains access to the administration area of the AIRAdoc platform or their own AIRAdoc portal pages. The Administrator Account data can be adjusted at any time via the account settings. For subsequent logins, the registered email address and password are required. A password change is only possible in the account settings. (3) The Licensee's administrator is responsible for the secure storage of the account access data. The Licensor is not liable for damages resulting from any loss. (4) To use an AIRAdoc portal page as an employee of the Licensee, the setup of an account is required (Employee Account). The following information of the employee is needed to set up an Employee Account:
(User) name
The Licensee's administrator adds the employee using the corresponding functionality in the administration area of the AIRAdoc portal page and activates access with the appropriate permissions. (5) By activating a user-specific account, a usage contract is concluded in accordance with these General Terms and Conditions.
5. Fees, Due Date, and Arrears
5. Fees, Due Date, and Arrears
5. Fees, Due Date, and Arrears
The remuneration for granting use is based on the currently valid fee schedule, which can be found on the AIRAdoc platform homepage or in an individual agreement. (2) If the contract is not concluded on the first day of a calendar month, the rent for the first month will be calculated pro rata based on the remaining days of the month, starting from the day after the software is made available. (3) The rent is due in advance on the 3rd business day of each month. In the first month of the rental period, the rent is due upon full provision of the software. An overview of invoices and subscriptions is available in the administration area. (4) A refund of fees is excluded unless there are cases provided for by law. (5) The licensee is obligated to provide all required payment information correctly. (6) The licensor reserves the right to adjust prices at any time. (7) The licensor is entitled to deactivate or terminate the licensee’s use if the licensee is in default of payment. (8) The default interest rate is nine percent (9%) above the applicable base interest rate.
The remuneration for granting use is based on the currently valid fee schedule, which can be found on the AIRAdoc platform homepage or in an individual agreement. (2) If the contract is not concluded on the first day of a calendar month, the rent for the first month will be calculated pro rata based on the remaining days of the month, starting from the day after the software is made available. (3) The rent is due in advance on the 3rd business day of each month. In the first month of the rental period, the rent is due upon full provision of the software. An overview of invoices and subscriptions is available in the administration area. (4) A refund of fees is excluded unless there are cases provided for by law. (5) The licensee is obligated to provide all required payment information correctly. (6) The licensor reserves the right to adjust prices at any time. (7) The licensor is entitled to deactivate or terminate the licensee’s use if the licensee is in default of payment. (8) The default interest rate is nine percent (9%) above the applicable base interest rate.
6. Free trial period
6. Free trial period
6. Free trial period
During the free trial period, licensees have the opportunity to use all functions and features without obligation and without restrictions. If canceled within the trial period, no costs or obligations will arise. After the trial period, a valid payment method must be registered in order to continue using the AIRAdoc platform and associated services. (2) By registering a valid payment method, a trial account is automatically converted into a full account. The associated payment and cancellation terms are set out below.
During the free trial period, licensees have the opportunity to use all functions and features without obligation and without restrictions. If canceled within the trial period, no costs or obligations will arise. After the trial period, a valid payment method must be registered in order to continue using the AIRAdoc platform and associated services. (2) By registering a valid payment method, a trial account is automatically converted into a full account. The associated payment and cancellation terms are set out below.
7. Protection of the Software / Audit
7. Protection of the Software / Audit
7. Protection of the Software / Audit
The Licensee is obligated to protect the software against unauthorized access by third parties through appropriate measures. (2) Upon request, the Licensee shall permit the Licensor to verify the proper use of the software, in particular to ensure that the Licensee is using the program within the scope of the licenses acquired. For this purpose, the Licensee shall provide information, grant access to relevant documents, and enable the Licensor, or an auditing firm designated by the Licensor and accepted by the Licensee, to access and review the hardware and software environment. The Licensor may conduct the audit during the Licensee’s regular business hours or have it conducted by third parties bound to confidentiality. The Licensor shall ensure that the Licensee’s business operations are not unnecessarily disrupted. If the audit shows that more than 5% (five percent) of the acquired licenses are being exceeded, or that any other non-compliant use exists, the Licensee shall bear the cost of the audit; otherwise, the Licensor shall bear the cost. All other rights are reserved.
The Licensee is obligated to protect the software against unauthorized access by third parties through appropriate measures. (2) Upon request, the Licensee shall permit the Licensor to verify the proper use of the software, in particular to ensure that the Licensee is using the program within the scope of the licenses acquired. For this purpose, the Licensee shall provide information, grant access to relevant documents, and enable the Licensor, or an auditing firm designated by the Licensor and accepted by the Licensee, to access and review the hardware and software environment. The Licensor may conduct the audit during the Licensee’s regular business hours or have it conducted by third parties bound to confidentiality. The Licensor shall ensure that the Licensee’s business operations are not unnecessarily disrupted. If the audit shows that more than 5% (five percent) of the acquired licenses are being exceeded, or that any other non-compliant use exists, the Licensee shall bear the cost of the audit; otherwise, the Licensor shall bear the cost. All other rights are reserved.
8. Term and Termination
8. Term and Termination
8. Term and Termination
The contract is concluded for an indefinite period. The term of a service subscription is the current month. (2) The contract may be canceled or reactivated by the licensee at any time via the administration area. (3) The rental agreement may also be terminated by either party without notice for good cause. Good cause entitling the licensor to terminate the contract exists in particular if the licensee violates the licensor’s rights of use by using the software beyond the scope permitted under this contract and does not remedy the violation within a reasonable period after a warning from the licensor. (4) In the event of termination, the licensee must cease using the software. (5) Billing for incomplete periods, in particular due to terminations, is carried out pro rata based on daily use and the total number of days in the respective billing month.
The contract is concluded for an indefinite period. The term of a service subscription is the current month. (2) The contract may be canceled or reactivated by the licensee at any time via the administration area. (3) The rental agreement may also be terminated by either party without notice for good cause. Good cause entitling the licensor to terminate the contract exists in particular if the licensee violates the licensor’s rights of use by using the software beyond the scope permitted under this contract and does not remedy the violation within a reasonable period after a warning from the licensor. (4) In the event of termination, the licensee must cease using the software. (5) Billing for incomplete periods, in particular due to terminations, is carried out pro rata based on daily use and the total number of days in the respective billing month.
9. Maintenance
9. Maintenance
9. Maintenance
The licensor guarantees the maintenance of the contractually agreed quality of the software for the duration of the contract and that no third-party rights conflict with the proper use of the software. The licensor will remedy any material and legal defects of the rented goods within a reasonable period of time. (2) The licensee is obligated to inform the licensor in writing without undue delay of any defects in the software as soon as they are discovered. In the case of material defects, this includes a description of when they occurred and the circumstances.
The licensor guarantees the maintenance of the contractually agreed quality of the software for the duration of the contract and that no third-party rights conflict with the proper use of the software. The licensor will remedy any material and legal defects of the rented goods within a reasonable period of time. (2) The licensee is obligated to inform the licensor in writing without undue delay of any defects in the software as soon as they are discovered. In the case of material defects, this includes a description of when they occurred and the circumstances.
10. Liability
10. Liability
10. Liability
in the event of intent or gross negligence,
in the event of injury to life, body, or health,
in accordance with the provisions of the Product Liability Act, and
to the extent of a guarantee assumed by the Licensor. (2) In the event of a slightly negligent breach of an obligation that is essential to achieving the purpose of the contract (cardinal obligation), the Licensor’s liability is limited to the amount that is foreseeable and typical for the type of transaction in question. (3) The Licensor’s liability does not extend beyond this. In particular, the Licensor is not responsible for initial defects unless the requirements of paragraphs 1 and 2 are met. (4) The above limitation of liability also applies to the personal liability of the Licensor’s employees, representatives, and corporate bodies.
in the event of intent or gross negligence,
in the event of injury to life, body, or health,
in accordance with the provisions of the Product Liability Act, and
to the extent of a guarantee assumed by the Licensor. (2) In the event of a slightly negligent breach of an obligation that is essential to achieving the purpose of the contract (cardinal obligation), the Licensor’s liability is limited to the amount that is foreseeable and typical for the type of transaction in question. (3) The Licensor’s liability does not extend beyond this. In particular, the Licensor is not responsible for initial defects unless the requirements of paragraphs 1 and 2 are met. (4) The above limitation of liability also applies to the personal liability of the Licensor’s employees, representatives, and corporate bodies.
11. Confidentiality
11. Confidentiality
11. Confidentiality
The parties are obliged to keep the other party’s confidential information strictly and absolutely confidential and to protect it through appropriate technical and organizational measures. This obligation shall apply for a period of five years after termination of the contract. (2) Excluded from this obligation is confidential information that: a) can be proven to have been known to the recipient at the time the contract was concluded, or that subsequently becomes known from a third party without violating a confidentiality agreement, statutory provisions, or official orders; b) is publicly known at the time the contract was concluded, or subsequently becomes publicly known, provided this is not due to a breach of this contract; c) must be disclosed due to legal obligations or by order of a court or authority. To the extent permitted and possible, the party obliged to disclose shall inform the other party in advance and give it the opportunity to object to the disclosure. (3) The parties shall grant access to confidential information only to advisors who are subject to professional confidentiality obligations or who were previously bound by confidentiality obligations equivalent to those in this agreement. In addition, the parties shall disclose confidential information only to employees who need to know it for the performance of this contract and shall require these employees to maintain confidentiality after their departure as well, to the extent permitted by labor law. (4) Any culpable breach of the above confidentiality obligations shall result in a contractual penalty of EUR 12,500.00. Further claims of the parties remain unaffected.
The parties are obliged to keep the other party’s confidential information strictly and absolutely confidential and to protect it through appropriate technical and organizational measures. This obligation shall apply for a period of five years after termination of the contract. (2) Excluded from this obligation is confidential information that: a) can be proven to have been known to the recipient at the time the contract was concluded, or that subsequently becomes known from a third party without violating a confidentiality agreement, statutory provisions, or official orders; b) is publicly known at the time the contract was concluded, or subsequently becomes publicly known, provided this is not due to a breach of this contract; c) must be disclosed due to legal obligations or by order of a court or authority. To the extent permitted and possible, the party obliged to disclose shall inform the other party in advance and give it the opportunity to object to the disclosure. (3) The parties shall grant access to confidential information only to advisors who are subject to professional confidentiality obligations or who were previously bound by confidentiality obligations equivalent to those in this agreement. In addition, the parties shall disclose confidential information only to employees who need to know it for the performance of this contract and shall require these employees to maintain confidentiality after their departure as well, to the extent permitted by labor law. (4) Any culpable breach of the above confidentiality obligations shall result in a contractual penalty of EUR 12,500.00. Further claims of the parties remain unaffected.
12. Miscellaneous
12. Miscellaneous
12. Miscellaneous
The Licensee may assign rights and obligations arising from or in connection with this Agreement to third parties only with the Licensor’s prior written consent. (2) Set-off is permitted only against undisputed or legally established claims of the Licensor. (3) Amendments and supplements to this Agreement must be made in writing. This also applies to any amendment or waiver of this clause. (4) The Licensee’s general terms and conditions shall not apply. (5) This Agreement shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG). (6) The Parties are aware that the software may be subject to certain export and import restrictions. In particular, licensing requirements may apply, or the use of the software or related technologies abroad may be subject to restrictions. The Licensee shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union, and the United States of America, as well as all other applicable provisions. Performance of this Agreement by the Licensor is subject to the condition that no obstacles arising from national or international export and import regulations or other statutory provisions prevent such performance. (7) The place of performance is the Licensor’s registered office. The exclusive place of jurisdiction is Regensburg. (8) If individual provisions of this Agreement are invalid, this shall not affect the validity of the remaining provisions. The Parties shall endeavor to find a provision that most closely reflects the legal and economic purpose of the Agreement in place of the invalid provision. (9) All annexes referenced in this Agreement are integral parts of the Agreement.
The Licensee may assign rights and obligations arising from or in connection with this Agreement to third parties only with the Licensor’s prior written consent. (2) Set-off is permitted only against undisputed or legally established claims of the Licensor. (3) Amendments and supplements to this Agreement must be made in writing. This also applies to any amendment or waiver of this clause. (4) The Licensee’s general terms and conditions shall not apply. (5) This Agreement shall be governed exclusively by German law, excluding the United Nations Convention on Contracts for the International Sale of Goods of April 11, 1980 (CISG). (6) The Parties are aware that the software may be subject to certain export and import restrictions. In particular, licensing requirements may apply, or the use of the software or related technologies abroad may be subject to restrictions. The Licensee shall comply with the applicable export and import control regulations of the Federal Republic of Germany, the European Union, and the United States of America, as well as all other applicable provisions. Performance of this Agreement by the Licensor is subject to the condition that no obstacles arising from national or international export and import regulations or other statutory provisions prevent such performance. (7) The place of performance is the Licensor’s registered office. The exclusive place of jurisdiction is Regensburg. (8) If individual provisions of this Agreement are invalid, this shall not affect the validity of the remaining provisions. The Parties shall endeavor to find a provision that most closely reflects the legal and economic purpose of the Agreement in place of the invalid provision. (9) All annexes referenced in this Agreement are integral parts of the Agreement.
Experience the future of patient care today
Save time, reduce documentation effort, and improve your quality of care with our AI-powered platform.
Experience the future of patient care today
Save time, reduce documentation effort, and improve your quality of care with our AI-powered platform.
Experience the future of patient care today
Save time, reduce documentation effort, and improve your quality of care with our AI-powered platform.
Häufig gestellte Fragen
Häufig gestellte Fragen
Häufig gestellte Fragen
1. What do the AIRAdoc Terms of Use regulate?
2. Who is authorized to use AIRAdoc according to the Terms of Use?
3. What disclaimers are included in AIRAdoc's Terms of Use?
4. When can the terms of use be changed?
5. How can a user violate the terms and conditions and what are the consequences?
6. Where can I find legal information and contact details for questions about the Terms of Use?
Do you have questions? We’re happy to help you!
info@airadoc.com
© 2025 AIRAdoc. Alle Rechte vorbehalten.
Do you have questions? We’re happy to help you!
info@airadoc.com
© 2025 AIRAdoc. Alle Rechte vorbehalten.
Do you have questions? We’re happy to help you!
info@airadoc.com
© 2025 AIRAdoc. Alle Rechte vorbehalten.