Terms of Use for the Online Platform of TechNurse GmbH

1. Operator
The website https://www.tech-nurse.com/ and the corresponding online platform are operated in Germany by: TechNurse GmbH (hereinafter referred to as: “TechNurse”), Kiem Pauli Straße 8, 84036 Landshut; Commercial Register of the Local Court Landshut: HRB 14463; represented by Managing Director Jonas Becker, VAT Number: DE 369790145; Phone: +49 152 29090430, e-mail: info@tech-nurse.com;

2. Scope

2.1 The following Terms of use apply to the use of the website https://www.tech-nurse.com/ and the corresponding online platform by the respective Users.

2.2 Contradictory, deviating or supplementary General Terms and Conditions of the Users shall not become part of the contract, unless TechNurse expressly agrees to their validity.

3. Subject of platform; Reservation of the right of modification

3.1 TechNurse's online platform is designed to develop and promote medical technology. It enables the connection and contact between Practitioners (i.e. medical personnel such as nurses, doctors and other healthcare professionals) and Manufacturers (including medical equipment manufacturers and hospitals). Manufacturers can create projects and are given the opportunity to search for suitable medical personnel among the Practitioners provided by TechNurse for their project-related or approval-relevant surveys, feedback interviews, or prototype tests. By means of a separate contract, the manufacturers can then commission the services of TechNurse.

3.2 Practitioners and Manufacturers together represent Users.

3.3 TechNurse makes the online platform available to the Users. The Users can register and use the platform in accordance with the provisions of these Terms of use. The use of the online platform for Practitioners is free of charge. For Manufacturers the use is subject to a fee.

3.4 TechNurse expressly reserves the right to update and modify the online platform (including, but not limited to, making changes to its appearance and features). Accordingly, it reserves the right to amend these Terms of use for future uses, in whole or in part, at any time and without giving reasons. The User will be notified of the changes on the online platform within a reasonable period of at least two weeks.

If the modification results in a significant devaluation of the services to which the Manufacturer is entitled, the Manufacturer can terminate the user contract without observing the notice period. The right of termination can be exercised within a period of four weeks from the occurrence of the change. The Practitioner’s right of termination is governed by Section 10.1.

4. Registration, creation of the user account

4.1. TechNurse and the User conclude a contract (User contract) regarding the use of the online platform. This contract is concluded by means of electronic registration by the User. For this purpose and for the creation of the user account, the User must provide complete and truthful data.
Among other things the Practitioner must specify:
his personal data/contact details,
his professional experience
Among other things, the Manufacturer must specify:
Name/company, website, legal representatives
Commercial Register No. and Registry court (if applicable)

4.2. To log in and access the user account, the User must provide an existing e-mail address and choose a password.

4.3. As a part of his registration, the User agrees to these Terms of use and confirms that the data provided during the registration are correct and complete. The use of the online platform implies the acceptance of these Terms of use.

4.4. Use is not permitted to minors under the age of 18.

4.5. TechNurse checks the data provided by the Users for accuracy, insofar as it is reasonably possible. This is not associated with any legal obligation.

4.6. The right to open a user account is not warranted to the User. TechNurse may refuse to enter into a contract and create a user account for individual users at its own discretion and without giving reasons.

5. Inclusion of Privacy Policy

5.1. As a part of the registration process, the User confirms to have read and accepted TechNurse's privacy policy.

5.2. The processing of the personal data that are provided by the Users during and after their registration and/or that are processed by TechNurse in the context of the customer portal use is carried out in accordance with the applicable data protection laws and regulations, in particular the European General Data Protection Regulation (GDPR).

5.3. The provisions of TechNurse's privacy policy in the current version at the time of use of the online portal apply.

6. Electronic Communication
Communication as a part of use of the online platform takes place electronically. The User gives his express consent to participate in electronic commerce. In this context, he agrees to receive and legally accept consents, notifications, publications and other communication by means of an unencrypted e-mail to the e mail address provided by the User or by publishing electronic messages or other communication on the online platform under his own user account. This does not affect mandatory statutory provisions that require a different form of communication.

7. Obligations of the User, liability for misuse of user data

7.1. The User shall immediately update any changes to the data provided during registration and necessary for the use of the online platform.

7.2. The User shall use the online platform exclusively within the limits of these Terms of use and the legal provisions and shall not use it in an illegal way.

7.3. Any use that is likely to cause harm or damage to TechNurse, other users or third parties is prohibited. In particular, it is prohibited to:

a) publish pornographic, sexual, violent, racist, hateful, discriminatory and offensive content;
b) spread malware/viruses;
c) use the online platform for recruitment;

7.4. Users shall protect and take into account the personal rights and other industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). The User must be the owner or licensee of the content that he provides under his user account.

7.5. The Users shall maintain the confidentiality of the contents of the individual assignments (e.g. project-related or approval relevant surveys, feedback interviews or prototype tests).

7.6. The use of the online platform is permitted only to the User himself and persons authorized by him. These persons are obliged to keep the access data private and to protect them from being accessed by unauthorized third parties. They are solely responsible for restricting access to their equipment and devices (such as computers, tablets, mobile phones, etc.).

7.7. However, should third parties gain access to the User’s user account or the User has other indications of misuse of his user account, the User must immediately inform TechNurse and change his access data. In case of misuse, TechNurse reserves the right to block the access.

7.8. The User is liable for damages incurred by him, other users or TechNurse due to misuse for which he is responsible, particularly if the damages result from the lack of secrecy, disclosure or giving access to login data or from the use of his device.

7.9. The scope of services to which the Manufacturer is entitled as a part of his subscription and the fee paid for the use of the online platform are regulated separately in the user contract.

7.9.1. The fee must be paid in advance for the term of the contract and the subsequent renewal periods.
7.9.2. The duration of the contract and the renewal periods are regulated by the user contract.
7.9.3. Insofar as the prices are not expressly designated as gross prices, these are to be understood as exclusive of the statutory value added tax applicable at the relevant time.
7.9.4. TechNurse's invoices are to be paid in full immediately upon receipt by the Manufacturer. The payment is possible by a bank transfer or a direct debit system.

8. Availability of the online platform; Liability of TechNurse regarding the use of the online platform

8.1. TechNurse is not responsible for the continuous availability of the online platform. The use of the online platform may temporarily be restricted in whole or in part for technical reasons, maintenance work or reasons beyond TechNurse's control. Subject to Section 8.5, TechNurse shall not be liable for damages to the User due to the unavailability of the online platform.

8.2. If the Manufacturer is in default of payment, TechNurse reserves the right to block the Manufacturer's access until payment is made.

8.3. TechNurse may suspend the User's access to his user account in whole or in part or delete his user account at any time:

a) if the User violates Terms of use - particularly his obligations under Section 7;
b) if there is a suspicion of misuse of the customer portal (see section 7.7);
c) if there is a risk of harm or damage to TechNurse's systems.
The deletion of the user account in the above cases also terminates the user contract. If this results in the termination of the Manufacturer's user contract, the Manufacturer shall still be obliged to pay the agreed fee until expiration of the agreed contract period; in this case, the contract is not automatically renewed.

8.4. Subject to Section 8.5, TechNurse shall not be liable for the completeness and accuracy of the information and content provided and published by the Users and made available on the online platform. The above is the sole responsibility of the User. Likewise, TechNurse shall not liable for damages caused by virus-infected data uploaded by the Users.

8.5. TechNurse shall be liable without limitation for damages regarding the use of the platform:
a) which are the result of injury to life, limb and health;
b) which are based on the failure to comply with any warranty assumed or conditions guaranteed by TechNurse;
c) which are based on fraudulently concealed defects;
d) which are based on an intentional or grossly negligent breach of duty by TechNurse or its legal representative or vicarious agent.

8.6. In the event of negligent breach of essential obligations, the violation of which jeopardizes the achievement of the purpose of the contract, or in the event of a breach of duties, the fulfilment of which is essential for the proper execution of the contract in the first place and on the compliance of which the User regularly relies, TechNurse shall only be liable for the foreseeable damage typical for a contract of this nature.

9. Copyright, trademark and related rights

9.1. The Users remain the owners of all content they post on the online platform.

9.2. The Users grant TechNurse a non-exclusive license to make such material available to other users on the online platform only; this particularly applies to the project descriptions. The license granted to TechNurse is not subject to any compensation.

9.3. This license ends when the User deletes the relevant content or closes his user account.

10. Termination by the User, deletion of the user account

10.1. The Practitioner can terminate his user contract and delete his user account at any time without giving reasons. The notice of termination must be in the text form.

10.2. The Manufacturer can terminate his user contract and delete his user account with a notice period of one month before the agreed end of the contract period. If the Manufacturer does not terminate the user contract, the contract is extended indefinitely and can be terminated with one month's notice. The notice of termination must be in the text form.

10.3. If no minimum term has been agreed, the manufacturer can terminate the contract with a notice period of one month. The notice of termination must be in the text form.

10.4. The right to terminate for good cause, particularly according to Section 3.4, remains unaffected.

11. Applicable law, place of performance
This contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. Regarding the legal relationships with consumers, this choice of law applies only to the extent that does not affect the protection granted by the mandatory provisions of the law applicable in the country of the consumer’s habitual residence.
The place of performance is the registered office of TechNurse.

12. Jurisdiction and dispute resolution
For entrepreneurs, merchants, legal entities under public law or public-law special funds, the place of jurisdiction is agreed to be the registered office of TechNurse. If the User is a consumer, the legal provisions apply.
By July the 20th 2025 TechNurse is obliged to inform consumers of the existence of the European Online Dispute Resolution Platform, which can be used to resolve disputes without the need of court involvement. Setting up the platform is the responsibility of European Commission. The European Online Dispute Resolution Platform is available here: https://webgate.ec.europa.eu/odr.
TechNurse is neither legally obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

13. Severability clause
Should one or more provisions of these Terms of use be or become invalid or unenforceable in whole or in part, this shall not affect the legal validity or enforceability of the remaining provisions of the said Terms of use.

(As of: 4/11/2025)