Registration is straightforward with no unnecessary data collection beyond email, username, and password. However, account termination provisions lack explicit safeguards. While Avelios states it can exclude users temporarily or permanently for policy violations, no formal appeal process or notice period before termination is documented. Data deletion occurs within 48 hours of account closure, with retention only for legal compliance. The terms allow for broad discretionary removal of content and access suspension.
The T&C contains two separate indemnification provisions. First, users indemnify Avelios for claims from other users or third parties when those claims arise from the user's breach of the T&C. This is fault-based and includes reasonable legal defense costs. Second, users indemnify Avelios for intellectual property claims related to user-uploaded content. Both are one-way (only users indemnify, not reciprocal), but the triggers are relatively narrow compared to many consumer T&C. The inclusion of legal defense costs without a cap is a concern.
Avelios reserves the right to modify terms 'jederzeit' (anytime) but provides a 6-week notice and objection window. Users who do not object within 6 weeks are deemed to have accepted changes. The company also carves out modifications that are beneficial to users, purely technical, or legally required from the notice requirement. This is a balanced approach compared to immediate-effect modifications, but the 'anytime' language and continued-use acceptance mechanism introduce some risk for material changes.
Avelios retains broad rights to user-generated content including documents, medical information, and questionnaire responses. Users grant the platform non-exclusive, perpetual, and geographically unlimited rights to collect, use, and process submitted content, including making technical modifications. While Avelios clarifies it respects third-party copyrights in its own materials, the one-way grant of rights to user-submitted medical data is substantial. Users must also indemnify Avelios for any copyright or IP claims related to content they upload.
Avelios excludes liability for content errors and unavailability with reasonable carve-outs. The liability limitations distinguish between Avelios as a platform provider and the contracted medical providers as responsible parties. Importantly, gross negligence ('grobe Fahrlässigkeit') and willful misconduct ('Vorsatz') are not protected by the limitations, and liability for breach of essential contract duties is preserved. However, liability for indirect/consequential damages is broadly excluded, which is standard but still tilts toward the provider.
The document clearly establishes service scope as a patient portal for contracted medical providers in Germany. Registration requires explicit acceptance of both terms and privacy policy with clear presentation. Age requirement of 16+ is stated upfront. The scope is well-defined and appropriately limited to the described services, with note that Avelios acts only as a technical intermediary, not as a healthcare provider itself.
The T&C references external data protection regulations and a separate privacy policy but provides limited specific privacy details within the terms themselves. The document acknowledges that health data is processed according to applicable data protection law and an explicit data processing agreement. However, specific details about data collection, sharing scope, consent mechanisms, and user rights are deferred to the privacy policy. The automatic deletion of accounts after 3 years of inactivity (with 6-week notice) is a concerning data retention provision.
The T&C is governed by German law and specifies Munich as the forum for disputes when users lack a domestic address. The document includes mandatory complaint procedures with 30-day response timeframes and references EU alternative dispute resolution mechanisms. There is no mandatory arbitration clause, meaning users retain access to courts. The German law choice is appropriate for a German company, and the venue provision, while potentially inconvenient for foreign users, is standard and not unconscionable.
Avelios provides its core platform services free of charge with no subscription fees, auto-renewal clauses, or hidden charges. Users can terminate the service at any time without penalty or notice requirements ('jederzeit' - anytime). The document explicitly states cancellation rights exist for both ordinary ('ordentlich') and extraordinary ('außerordentlich') termination. This is exceptionally consumer-friendly, as there is no financial lock-in or barrier to exit.