General Terms of Use

These Terms of Use govern the conditions under which physicians, psychotherapists, and patients may utilize the platform. The legal relationship between patients and treating professionals remains unaffected.

Technical modifications reflecting technological progress remain reserved. Changes regarding form, color, and functions may be implemented within reasonable limits.

Important: Neither the use of Arrivara nor online sessions replace traditional in-person medical consultations.

Special professional regulations and restrictions apply to medical and therapeutic care via the Internet. The range of services is therefore limited to the current legal possibilities.

The subject matter is the use of the platform by doctors or psychotherapists and patients (together USERS). The right of use is strictly personal and non-transferable.

Users may schedule and conduct online sessions via the platform (individual or group). Online sessions occur via encrypted end-to-end connection directly between users.

Doctors or psychotherapists also have the option of arranging appointments for interventions. The video conferencing systems are provided by a third-party provider. The intervention platform may not be used for video consultations.

Arrivara solely provides the platform. We are not responsible for the content of communications between users and do not offer medical or therapeutic services.

Arrivara may amend these terms with one month's notice effective at the end of any calendar quarter. Amendments become effective unless you object in text form within one month after receiving notice.

When a patient contacts a physician/psychotherapist and both agree, a separate treatment agreement is formed between them.

The physician or psychotherapist must provide the patient with comprehensive information about the use of the video consultation. He obtains the patient's consent for Arrivara to send the registration link or guest access link.

The physician or psychotherapist is obliged to obtain the patient's consent to data processing in the context of the video consultation in accordance with Art. 9 para. 2 GDPR. He must keep this declaration for verification purposes for a period of 3 years after the end of the use of Arrivara and present it to Arrivara on request. This does not apply to processing operations for which Arrivara obtains its own consent from the user.

Therapists must inform patients about data processing pursuant to Art. 13 and 14 GDPR.

Therapists must inform patients of any costs before services commence.

Doctors and psychotherapists are obliged to ensure the necessary security of data processing in their own premises and IT systems. Compliance with the necessary technical and organizational measures must be ensured by self-declaration.

For the use of the platform, doctors and psychotherapists must register and fill in all mandatory information requested in the registration mask truthfully and completely.

The contract for the use of the ASP service is concluded when the doctor or psychotherapist has registered completely and confirms the registration after Arrivara has sent the registration confirmation together with these terms of use.

Patients may register or use the platform via guest access links provided by their therapist or directly by Arrivara with consent.

If the user posts a photo of themselves on Arrivara, they agree to its publication in the video consultation by using Arrivara.

Users are not permitted to use the chat function for the exchange of medical information. The unlawful use of the chat function for the exchange of medical data does not give rise to any responsibility under data protection law within the meaning of Art. 4 No. 7 GDPR.

The use of the platform for patients under 16 years of age requires the consent of the legal guardians.

There is no legal claim to the use of Arrivara's services. Arrivara is entitled to refuse registration without giving reasons.

The respective granting of use justifies the use of the respective functionality within the tariff.

Using Arrivara requires a computer system meeting current technical standards and active internet connection. This system functions as a client for the use of the application provided.

The establishment of the connection to the Internet platform and the operation of the necessary client computer for the use of the application software are the responsibility of the user.

Arrivara grants the user the possibility to use the platform via an Internet access with the current versions of the Internet browsers Chrome, Firefox and Opera. Other web browsers are not supported; the use of non-recommended web browsers is at your own risk.

The user's own platform area is protected against unauthorized access with state-of-the-art security measures.

All user data is secured by unique access keys. Arrivara has no access to these keys or associated data.

If you lose the key, access to data is not possible.

Online sessions are neither recorded nor stored by Arrivara.

Storing video recordings by therapists requires prior patient consent.

Instructions ("User Manual") are provided online as FAQs. Separate written documentation is not part of the scope of services.

Arrivara reserves the right to investigate cases of suspected misuse or material breach of contract, to take appropriate precautions and, in the event of substantiated suspicion, to block access and, if necessary, to terminate the contract for cause.

Arrivara reserves the right to modify essential services of the platform in a reasonable manner, in particular to expand them, and to discontinue services that no longer correspond to the current standard, with a notice period of one month to the end of each calendar quarter.

A user ID and password are required for proper registration on the platform. The user must keep these secret with the usual security precautions and not make them accessible to third parties.

The doctor or therapist undertakes - as long as the contractual relationship exists or claims still exist - to notify Arrivara immediately of any change of his residence or business address.

The user undertakes to use all content made available to him via the platform exclusively as intended and only for his own use.

The doctor or psychotherapist undertakes to delete possible patient data in Arrivara at the end of the session and not to leave any relevant information on Arrivara; Arrivara is unsuitable for documentation purposes.

Therapists are bound by professional confidentiality. Exceptions apply in cases involving danger to patient or others (suicide/homicide intent, child abuse) where statutory reporting obligations exist.

Any improper use, in particular the commission of criminally relevant acts by users, is prohibited. Violations of this justify an immediate extraordinary right of termination for Arrivara.

The user undertakes not to make any changes to the physical or logical structure of the platform and not to use any equipment, software or other data that could lead to such changes. The user further undertakes to refrain from any attempts to gain access to third-party data.

The user undertakes neither to extract and/or reuse the Arrivara platform nor the individual services. This includes in particular the prohibition of the use of recording or data collection and extraction programs.

Users indemnify Arrivara against third-party claims from unlawful use and reimburse all reasonable legal costs and damages.

The user undertakes to report immediately to Arrivara any defects or damage that could impair the security or operation of the platform. The user will take all reasonable measures to enable the identification of defects or damage and their causes or to facilitate their elimination.

Prices include applicable statutory VAT.

If VAT rate changes between contract formation and invoicing, subsequent charges or refunds may apply unless otherwise mandated by law.

Fees are determined by the selected tariff.

Arrivara reserves the right to increase the remuneration in accordance with any cost increases that may occur. Arrivara will notify the user of this in text form. In such a case, paragraph 3, item 5 shall apply.

Arrivara warrants during the term of the user relationship that the platform used is free of defects that cancel or reduce the value or suitability for the contractual purpose. Only insignificant reduction shall not be taken into account. This obligation does not apply to the beta version and test accesses.

Arrivara will remedy disruptions within 24 hours where possible. A reasonable extension in individual cases remains reserved. Major errors will be remedied by Arrivara within a reasonable period of time. Minor errors that do not lead to any significant functional impairment will be eliminated by updates which Arrivara installs within reasonable periods of time. The above obligations for Arrivara do not apply if the error or malfunction is due to circumstances over which Arrivara has no influence. This includes in particular hardware or software components not originating from Arrivara.

Arrivara is entitled under the provisions of the Telemedia Act and the State Media Treaty to block content in the event of violations of the provisions of these laws until the infringement has been remedied.

Rental defect law applies to claims for defects. The user's right of termination due to non-granting of use pursuant to § 543 (2) sentence 1 no. 1 BGB is excluded, unless the establishment of contractual use is to be regarded as failed.

Arrivara will carry out regular maintenance services and will endeavor to do so outside regular business hours. If the interruption for maintenance work lasts longer than 24 hours, the user is entitled to a pro rata reduction of the monthly tariff.

Subject to the following provisions, Arrivara is not liable - regardless of the legal grounds - for the slightly negligent breach of obligations by Arrivara, its legal representatives or vicarious agents. In the event of a slightly negligent breach of essential contractual obligations, Arrivara's liability is limited to the typical foreseeable damage, max. to the annual rent or € 5,000.00, whichever is higher. Arrivara is not liable for slightly negligently caused breaches of duty or for slightly negligently caused breaches of protective duties.

Claims for lost profits are excluded.

The above exclusions and limitations of liability do not apply in cases of strict liability, in particular under the Product Liability Act, in the event of culpably caused injury to body, health or loss of life.

No liability exists for damages from users failing to observe documentation, technical requirements, tampering with source code, or insufficient virus protection.

The contract term begins with registration.

If Arrivara significantly modifies the service or contractual terms including these GTC, users may terminate effective upon the change. Arrivara may also terminate if the user does not agree.

An extraordinary right of termination exists for good cause in addition to the reasons separately mentioned in this contract. Good cause shall be deemed to exist if a party becomes insolvent; the user has not paid the user fee for more than 2 months without reason; essential obligations of the contract have not been met despite a warning; the list is not exhaustive.

Upon termination, access to the platform is revoked.

The parties agree that - regardless of the legal situation - the platform, the interface, logos, images and color scheme are subject to copyright and that this lies with Arrivara.

Arrivara grants users a simple, non-transferable, geographically limited right of use pursuant to § 31(2) UrhG.

insofar as the user also uses streaming files provided by third parties via Arrivara, the user acknowledges the rights of the respective author without restriction and will refrain from doing anything - in particular any kind of duplication (storage, recording, etc.).

A fee of €10.00 applies to the second and each subsequent reminder. Payments must include invoice and customer numbers and be made exclusively to the Arrivara account: IBAN: DE66 4306 0967 4059 0658 01, BIC: GENODEM1GLS.

If payment is delayed by more than 10 days, Arrivara may block access without further notice. The user remains liable for payment.

Users may only offset undisputed or legally established claims. This also applies to commercial transactions. A right of retention under § 273 BGB applies only if arising from the same contractual relationship. In business transactions with merchants, §§ 273, 320 BGB, 369 HGB do not apply.

The substantive law of the Federal Republic of Germany applies. The UN Convention on Contracts for the International Sale of Goods does not apply.

If the user is a merchant, legal entity under public law, or special fund under public law, exclusive venue for all disputes is Cologne. The same applies if the user has no general place of jurisdiction in Germany.

Should any provision of these Terms be invalid or unenforceable in whole or in part, the remaining provisions shall remain unaffected.