§ 11.3 requires users to indemnify ('stellen frei') Dentolo against all third-party claims arising from user-provided information. One-way indemnification (company gains protection, user bears burden). Uncapped exposure. Broad trigger ('by reason of violation of rights'). Limited carve-out only if violation is attributable to Dentolo. This is high-risk, though German law may void such one-way consumer indemnities under Unfair Contract Terms Directive principles.
Clear termination right with reasonable 2-week notice (§ 6.1). Either party can terminate. Extraordinary termination available for violations or abuse (§ 6.2). However, no distinction between suspension and termination, no formal appeal process mentioned, and no data export or deletion timeline specified. Termination requires written notice (§ 6.3).
§ 2.2 allows Dentolo to modify T&C with 4-week notice and passive opt-out (objection period). Changes apply prospectively only. However, § 2.3 allows unlimited changes to website functions without notice. German law requires good faith and may limit unenforceability of unilateral changes. Notice and objection mechanism is reasonable but places burden on user to actively object. Lack of explicit right to terminate if rejecting changes is a gap.
Broad liability disclaimer in § 11.4 excludes all damage claims except mandatory law. § 11.1 disclaims accuracy of user-submitted documents. § 11.2 disclaims liability for dentist services. § 11.5 caps liability for simple negligence. However, German mandatory law (BGB, Unfair Contract Terms Act) provides strong protections for health/body/life injury. Carve-outs exist for intentional/gross negligence and health damage, but disclaimer language is comprehensive.
Document references separate privacy policy (Erklärung zum Datenschutz) but does not include it, making full assessment impossible. Clear consent mechanisms for marketing (§ 7.1.1, 7.1.2) with explicit revocation rights. Users must keep data current (§ 5.2). Health insurance can initiate contact if patient authorizes (§ 7.4). Sensitive health data collected (dental treatment plans, personal info). Security measures mentioned but not detailed.
Clear scope definition: Dentolo is a portal connecting patients with dentists and providing cost checks, not offering medical treatment itself. Acceptance via clickwrap (users click buttons confirming T&C and privacy statement). Age requirement clearly stated as 18+ (§ 4.3). Scope limited to cost checking and service referral, which is appropriate and transparent.
UGC is limited to ratings and reviews (§ 8). No ownership statement for user-generated content (ratings). No mention of user rights over uploaded medical documents (health plans). Dentolo can delete reviews if violations suspected (§ 8.4). Minimal IP discussion overall. User-submitted health data uploaded through platform but no explicit ownership terms provided.
Service is completely free for patients (§ 9.1). Dentists pay usage fees to Dentolo, not patients. No billing, subscriptions, auto-renewal, or payment-related consumer concerns. Pricing structure is transparent and simple. No negative option billing or hidden fees for end users.
German law applies (§ 13.1). No arbitration clause. No class action waiver. No jury trial waiver (not relevant in German law). No forum selection clause restricting where disputes can be filed. German law provides strong mandatory consumer protections. Contract language is German. Clear contact information provided. Disputes can be resolved through German courts. Consumer-friendly jurisdiction.