These Terms of Service (“Terms”, “ToS”) govern your (“you”, “User”) relationship with the HealthDBI.com website, software, and services (the “Service”) operated by HealthDBI.
Please read these Terms of Service carefully before using the Service. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service. In the relationship between you and HealthDBI, only these Terms apply in their currently valid version. Deviating terms or contract conditions of a User are not recognized provided HealthDBI does not expressly consent to their validity in textform.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access or use the Service.
- Service: All websites, software, and services offered and operated by HealthDBI.
- User: Anyone that accesses and/or uses our Service.
- Registered User: Any User that creates an account on our Service.
- Data Buyer: Any User or legal entity and its employees that sources or intends to source external data.
- Data Vendor: Any User or legal entity and its employees that providers or intends to provide data.
Intended Use of the Service
Our Service is intended to help Data Buyers and Data Vendors to share information, connect with, initiate and build business relationships with each other. As a platform, HealthDBI is a third-party to Users doing business with each other and not involved in any legal relationship between Users potentially resulting from using the Service.
In order to help Data Buyers finding Data Vendors more easily, HealthDBI curates data categories (“Category”) and lists Data Vendors within a Category at HealthDBI’s sole discretion. Users may propose the listing of a new Category and/or the listing of a Data Vendor within a specific Category, which HealthDBI may or may not take under consideration. We don’t guarantee the accuracy of any Category or categorization of Data Vendors.
In order to help Data Buyers to discover, learn about, and connect with Data Vendors, we’re offering a Service to list and find Data Vendors (“Vendor Listing”). You can explore, search for, and visit Vendor Listings in order to inform yourself and contact Data Vendors. In case you submit a contact request, you agree that we may share your contact information with employees from the listed company and contact you as well regarding your request. We do not guarantee that your contact request reaches the listed Data Vendor or that you will receive an answer.
HealthDBI automatically creates, curates, and publishes listings of Data Vendors based on publicly accessible information. Users that verifiable work for a listed company may claim a Vendor Listing or request to create a new one in order to provide new or edit existing information displayed on the Vendor Listing. We neither guarantee the accuracy or veracity of Vendor Listings, nor do we endorse any Vendor Listing on our Service.
Upon claiming or creating a Vendor Listing, Data Vendors bear the full legal responsibility for ensuring that the content defined by them contains authentic and accurate information and comply with the applicable statutory provisions. Each Data Vendor assures to the best of their knowledge and belief that their data offering protects and does not violate intellectual and industrial property and personal rights, as well as all rights of third parties. Furthermore, each Data Vendor ensures that they are the owner or are in possession of all necessary (license) rights of all data that they offer. Each Data Vendor is further obliged to not offer data containing malicious programs (viruses, malware, etc.) or any other illegal content.
Users cannot delete Vendor Listings. HealthDBI may remove Vendor Listings that do not comply with quality standards, contain illegal content, abuse functionalities of the Service, or verifiably don’t offer any data.
HealthDBI automatically creates, curates, and publishes listings of platforms, software, and services (“Platform Listing”) that integrate the data of Data Vendors based on publicly accessible information. We neither guarantee the accuracy or veracity of Platform Listings, nor do we endorse any Platform Listing on our Service.
DATA REQUESTS & POSTINGS
Our Service offers Users a way to create Data Requests in order to get in touch with, get contacted by, and receive information from Data Vendors with a matching data offering. We review and publish Data Requests at our sole discretion. Data Vendors may also be invited directly by the User to submit information for a Data Request. Both the User creating the Data Request as well as the Data Vendors accessing the Data Request agree to keep all information exchanged confidential.
Prohibited Use of the Service
In order to protect the interests of our Users and us, you agree not to:
- copy, modify, distribute, transmit, perform, display, reproduce, publish, license, transfer, create derivative works from, or sell any content or information offered on our Service;
- decompile, decrypt, disassemble, read out, modify, reverse engineer, or copy our Service;
- access, monitor, or copy any content or information of our Service using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission;
- post, publish, transfer false or misleading content or information;
- register and/or log in with an alias that masks your true identity;
- remove copyright or other prietary notices.
Any prohibited use of our Service may result in immediate termination of your account.
The use of our publicly accessible Service is free of charge.
When registering on HealthDBI, you automatically subscribe to our Basic Subscription, which is free of charge. The Basic Subscription offers basic features only available to Registered Users, such as maintaining Vendor Listings, responding to Data Requests (only available to Data Vendors), or bookmarking Vendor Listings.
Registered Users may upgrade to the Premium Subscription for an agreed monthly or yearly fee. We may also offer selected Users a temporary Premium Subscription while providing managed services.
HealthDBI offers selected Data Buyers managed data sourcing services (“Managed Services”). Fees for those Managed Services are agreed individually and may entail fixed and/or success-based components.
Some parts of the Service are billed on a subscription basis (“Subscription(s)”). You will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a Subscription.
At the end of each Billing Cycle, your Subscription will automatically renew under the exact same conditions unless you cancel it or HealthDBI cancels it. You may cancel your Subscription renewal either through your online account management page or by contacting HealthDBI customer support team.
A valid payment method, including credit card or PayPal, is required to process the payment for your Subscription. You shall provide HealthDBI with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. By submitting such payment information, you automatically authorize HealthDBI to charge all Subscription fees incurred through your account to any such payment instruments.
Should automatic billing fail to occur for any reason, HealthDBI will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
HealthDBI may, at its sole discretion, offer a Subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for the Free Trial.
If you do enter your billing information when signing up for the Free Trial, you will not be charged by HealthDBI until the Free Trial has expired. On the last day of the Free Trial period, unless you cancelled your Subscription, you will be automatically charged the applicable Subscription fees for the type of Subscription you have selected.
At any time and without notice, HealthDBI reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.
HealthDBI, in its sole discretion and at any time, may modify the Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle.
HealthDBI will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except when required by law, paid Subscription fees are non-refundable.
Content, IP, and Confidentiality
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. You agree that this license includes the right for us to make your Content available to other users of the Service, who may also use your Content subject to these Terms.
You represent and warrant that: (i) the Content is yours (you own it) or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of HealthDBI and its licensors. The Service is protected by copyright, trademark, and other laws of both Germany and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HealthDBI.
All Content and information offered through our Service (which is not already publicly available) shall be treated as confidential information. Especially Content and information only accessible by Registered Users is subject to strict confidentiality if not stated otherwise.
Users may create and register an account on our Service in order to access features only available to Registered Users.
CREATING A USER ACCOUNT
When you create an account with us, effectively becoming a Registered User, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You may only register an account on HealthDBI if you have the intention to either buy from or provide data product to other Users. We reserve the right to terminate accounts created with private email addresses as well as accounts where we can’t verify the identity of the Registered User.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
UPDATING A USER ACCOUNT
You may update your account information such as your first name, last name, and password in the profile section any time after signing in. To update your email address, please contact us at [email protected] directly.
TERMINATING A USER ACCOUNT
Registered Users can request the deletion of their account by contacting us with their registered email address at [email protected] with an explicit message asking for the account deletion. Upon termination, your right to use the Service will immediately cease.
As required by law, we may retain information shared by Registered Users even after an account has been deleted.
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. In this case, you may not register for an account with different information again. In case of a re-registration we reserve the right to terminate the new account with immediate effect and without prior notice.
By submitting contact information such as but not limited to your name, email address, or phone number, you agree to be contacted by HealthDBI via email or phone.
If you create a Vendor Listing, you agree to be contacted by Users that express interest in your company or data offering. In case you submit a contact request on a Vendor Listing, you agree that your provided contact information and message will be shared with the company associated with the Vendor Listing and that HealthDBI or the Data Vendor may contact you regarding your contact request.
In order to run and improve our Service, as well as to provide anonymized insights to Data Vendors, we record the usage of the Service such as the web pages visited by Users or keywords searched for. We do not share personal data of Users with other Users otherwise explicitly requested to do so.
Links To Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled by HealthDBI. The provision of these hyperlinks does not imply that we endorse the related websites, services, and products offered.
HealthDBI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that HealthDBI shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Limitation Of Liability
In no event shall HealthDBI, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
HealthDBI assumes no liability or warranty for the content or information provided on the Service and for its genuineness, authenticity, accuracy, or veracity. In particular, HealthDBI is not liable if it emerges that the offered data infringes the rights of third parties.
HealthDBI has the duty to review any reference to any illegal content and to delete it in the event of the discovery of the illegality of the content.
HealthDBI remains a third-party between Users connecting and communicating through our Service and assumes no liability with regards to the commencement of contracts, contract negotiations, or data transactions between Users. Disputes between Users are exclusively to be settled between these parties, without HealthDBI taking part in them.
All compensation claims made by Users against HealthDBI are fundamentally impossible. Exceptions to this and other limitations and exclusions of liability are claims for damages resulting from injury to life, body, or health, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by a legal representative, executive employee, or vicarious agent of HealthDBI.
Claims for damages from a breach of essential contractual obligations, so-called cardinal obligations (“Kardinalpflichten”), are also impossible. A cardinal obligation is an obligation that enables the duly execution of a contract and contractual parties can have confidence and trust in the compliance. However, for slightly negligent violations of cardinal obligations, the liability of HealthDBI is limited to contractually typical, foreseeable damages. Exemptions from the aforementioned limitations and exclusions of liability also include claims arising from any guarantees assumed in individual cases or other liability independent of fault, as well as claims under the Product Liability Act (“Produkthaftungsgesetz”).
Any further liability of HealthDBI is impossible.
Insofar as the liability of HealthDBI is impossible or limited, this also applies in favor of the personal liability of its legal representatives, executives and vicarious agents.
Each User exempts HealthDBI and all its employees from all claims that third parties assert against HealthDBI for violating their rights. In this context, Users assume the costs of the required legal defense of HealthDBI, including all legal fees and lawyers’ fees at the statutory rate. This does not apply if the User is not responsible for the infringement. In the event of a claim by third parties, all Users must promptly and truthfully provide HealthDBI with all information that is necessary for the review of the asserted claims and for any defense against them.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
HealthDBI its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
HealthDBI is constantly developing new features to improve the Service. Therefore, it is necessary to intermittently update these Terms from time to time in order to guarantee that the Service is accurately reflected or to reflect changes in the law.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least fourteen (14) days notice prior to any new terms taking effect. While Registered Users will receive a notice via their registered email address, Users that haven’t signed up should regularly revisit this page. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please cease from using the Service.
The legal relationship between you and HealthDBI as well as these Terms shall be governed and construed in accordance with the Federal Republic of Germany, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG, UN Sales Convention). If a User is a merchant (“Kaufmann”) within the meaning of the Commercial Code (“Handelsgesetzbuch”), a special asset or a legal entity under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship between Users and HealthDBI is Berlin, Germany. The same applies if a User does not have a general venue of jurisdiction in the territory of the Federal Republic of Germany.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Should individual clauses of these Terms be wholly or partially invalid, this shall not affect the validity of the remaining clauses of these Terms. In place of unincluded or ineffective clauses, the respective statutory provision occurs. In the absence of such legal provision or if its application leads to a result that is unbearable for the User or HealthDBI, HealthDBI and the parties concerned will agree on an effective provision that comes as close as possible to the ineffective or unincluded provision.
These Terms are always available in their most recent version on the web pages of HealthDBI and are also made available as part of the registration.
If you have any questions about these Terms, please contact us.