Terms of use

Overview

These terms reflect the current OrthoMetiQ implementation: public website, My OrthoMetiQ, protected case upload, WebPlanner and mobilePlanner access, InAppMessages, optional APNs push delivery, trial and licence administration, local/browser-based planning, exports and Stripe-based tariff flows.

1. Provider and scope

These terms of use apply to the public OrthoMetiQ website, My OrthoMetiQ, protected case upload, the OrthoMetiQ WebPlanner, the OrthoMetiQ mobilePlanner iPad companion app, support/ticket functions, InAppMessages/push, appointment booking and Demo Room, trial, licence and tariff areas as well as related communication, administration, export and download functions.

The provider is Bastian Pesl – Mediengestaltung / OrthoMetiQ, Bastian Pesl, Mühlenstr. 36, 93176 Beratzhausen, Germany. Contact: info@orthometiq.com, phone +49 9493 8289674.

• Website and Newsroom
• My OrthoMetiQ customer account and case portal
• OrthoMetiQ WebPlanner with licence approval
• Tariff selection and payment/subscription flows through Stripe

2. Eligible users and professional context

OrthoMetiQ is primarily intended for professional users in orthopedics, radiology, medical technology, hospitals, practices, implant manufacturers, distributors and professionally related organisations. The functions are designed for a professional medical-technical usage context.

Use requires that the respective user is professionally, organisationally and legally authorised to use the entered data, image data, documents and planning information.

• No use without the required professional or organisational authorisation
• No use for emergency decisions or acute emergency care
• No use outside the applicable professional and legal framework

3. Registration, customer account and access credentials

Protected functions require an OrthoMetiQ account. Registration information must be complete, accurate and kept up to date. Access credentials must be treated confidentially and must not be shared with unauthorised third parties.

The user must inform OrthoMetiQ without delay if there is any suspicion that access credentials have been misused or unauthorised access has occurred.

For registration and contact requests, technical protection mechanisms such as a security question, honeypot field, rate limit and mandatory confirmation of the privacy information and Terms of Use may be used.

• Access is personal or organisation-related
• Permissions may be reviewed, restricted or withdrawn
• OrthoMetiQ may terminate sessions or temporarily block access for security reasons
• Automated, abusive or incompletely confirmed registrations may be rejected

4. My OrthoMetiQ, case upload and documents

My OrthoMetiQ is used for protected administration of customer accounts, case uploads, downloads, WebPlanner requests, trial phases and licence approvals. Uploaded cases must be professionally relevant, purpose-related and suitable for processing.

The user is responsible for uploading only files that the user is authorised to process, transmit and use. Patient data and medical image data should be anonymised or pseudonymised wherever possible.

• Upload only necessary and professionally relevant data
• Do not transmit unnecessary patient data or unlawful content
• Calibration and image quality must be suitable for the requested planning
• Upload and result data may only be used for authorised purposes

5. OrthoMetiQ WebPlanner and mobilePlanner

The OrthoMetiQ WebPlanner and OrthoMetiQ mobilePlanner iPad app are planning environments supporting digital preoperative planning workflows. Access to protected planning functions requires a valid OrthoMetiQ account, secure authentication and the applicable licence/approval.

WebPlanner and mobilePlanner support measurements, image display, prosthesis and implant information, planning steps, documentation and exports. They do not replace medical examination, specialist indication, individual clinical assessment or operative decision-making.

• The WebPlanner is a supporting work tool
• Planning results must be professionally reviewed and clinically plausibilised
• Final responsibility remains with the treating or responsible professional user
• Demo images are provided solely for demonstration, training and testing purposes

6. Medical responsibility and limits

OrthoMetiQ does not provide an independent medical diagnosis, therapy decision or treatment recommendation. Measurements, planning images, PDF reports, DICOM exports and other outputs are aids for qualified users and must be reviewed independently.

Unclear image quality, missing calibration, incorrect DICOM metadata, deviating anatomical conditions or technical abnormalities must not be transferred unchecked into clinical decisions.

• No use as a sole decision-making instrument
• No guarantee of medical correctness where source data is unsuitable
• No automated validation of clinical indication
• No replacement of medical responsibility

7. Trial phase, licence status and access duration

WebPlanner access may be managed as trial phase, active licence or inactive access. A trial phase can be requested and becomes active only after administrative approval. Duration and status are displayed in the customer portal or in the WebPlanner.

The regular 15-day trial period is intended solely for active and intensive evaluation of OrthoMetiQ products. Requested OrthoMetiQ accounts and trial access may be automatically deactivated if no use takes place within 48 hours after access is provided, if no further activity is detected for at least 48 hours after initial use, or if a newly created account receives no response to required approval or contact steps.

Reactivation is possible only after prior coordination with OrthoMetiQ by telephone or email using the published contact details. Any extension beyond the regular 15-day trial period requires individual agreement with OrthoMetiQ; possible goodwill periods are defined case by case.

Following deactivation, account data may initially be restricted or archived where this remains necessary for documentation, security or support purposes. Personal data that is no longer required is deleted in accordance with the storage-limitation and erasure principles of Art. 5(1)(e) and Art. 17 GDPR; mandatory statutory retention obligations remain unaffected.

OrthoMetiQ may activate, reset, extend, restrict or terminate trial phases, approvals or licence durations after appropriate review, especially in cases of misuse, security concerns, payment default or use contrary to these terms.

• Status values: Active, Trial phase, Inactive
• 15-day trial only after approval and for active product evaluation
• Deactivation may occur after 48 hours without use or follow-up activity
• Reactivation and extensions require individual coordination with OrthoMetiQ
• System licence duration and licence status are authoritative
• No entitlement to repeated or unlimited trial phases

8. Tariffs, order and payment through Stripe

Paid plans, subscriptions and payments are processed through Stripe. The prices, durations, service descriptions and payment terms displayed when selecting the tariff are authoritative. Full payment data such as credit card data is not stored on OrthoMetiQ servers.

For subscriptions, recurring payments may apply. The user is responsible for keeping payment details up to date and ensuring sufficient funds or successful payment processing.

• OrthoMetiQ Flex, Prime, Sovereign and Sovereign Care according to the current tariff display
• Stripe may apply its own payment, security and verification processes
• Statutory information and obligations in electronic commerce remain unaffected

9. Availability, maintenance and technical requirements

OrthoMetiQ aims to operate the website, customer portal and WebPlanner in a stable and secure manner. Continuous availability cannot be guaranteed. Maintenance, updates, security measures, server incidents, browser characteristics or external services may temporarily affect availability.

The user is responsible for suitable devices, current browsers, stable internet connections, secure local systems and appropriate display or export environments.

• Current browsers and secure work environments are recommended
• Local browser data may be lost when browser data is deleted
• Exports and downloads depend on the user’s local system
• Maintenance and security updates may be required at short notice

10. Permitted use and security rules

OrthoMetiQ may only be used within the intended professional and technical framework. Prohibited activities include attacks on systems, circumvention of access controls, automated scraping, URL manipulation, abusive uploads, malware, unauthorised sharing of credentials and any use that infringes third-party rights.

OrthoMetiQ may take measures to protect the security, integrity, availability and confidentiality of the platform. This includes blocking, deleting, reviewing logs and applying technical protection measures.

• No malware, unlawful content or unauthorised patient data
• No sharing of access credentials or licence access
• No circumvention of authentication, role or licence checks
• No use for unlawful, misleading or professionally unsuitable purposes

11. User data, image data, exports and responsibility

Content uploaded, imported or created by the user remains the responsibility of the user or the organisation on whose behalf the user acts. This includes medical image data, DICOM metadata, case information, planning notes, screenshots, PDF reports, DICOM exports and downloaded result files.

Before forwarding, archiving, PACS transmission or clinical use, the user must check exported files for completeness, correctness, plausibility, patient relation and purpose suitability.

• No unchecked further use of exports
• Responsibility for local storage and transmission lies with the user
• Confidentiality of medical data must always be ensured
• Third-party rights and data protection requirements must be observed

12. Rights in software, content and trademarks

Website, WebPlanner, user interfaces, texts, graphics, images, logos, software components, workflows and other content are protected by copyright, trademark rights or other rights. Users receive only a revocable, non-exclusive, non-transferable right of use within the approved scope.

Reproduction, decompilation, disclosure, sublicensing, public provision, commercial reuse or modification of the platform outside its intended use is prohibited without express permission.

• OrthoMetiQ and related marks must not be misused
• Prosthesis and implant manufacturer data is used for planning and documentation
• Third-party trademarks remain the property of their respective owners

13. Liability

OrthoMetiQ is liable without limitation for intent and gross negligence as well as under mandatory statutory provisions. In cases of simple negligence, OrthoMetiQ is liable only for breach of material contractual obligations whose fulfilment enables proper performance of the contract and on whose compliance the user may regularly rely. In such cases, liability is limited to the typical, foreseeable damage.

Liability for injury to life, body or health remains unaffected. Statutory defect rights, mandatory consumer protection rights and other mandatory rights are not restricted by these terms.

• No limitation of liability for intent, gross negligence or personal injury
• No restriction of mandatory statutory rights
• No liability for unchecked medical decisions based on unsuitable source data

14. Defects, support and changes

Where paid services are provided, statutory defect rights apply unless effectively agreed otherwise in an individual case. Error reports, technical incidents or security-relevant observations should be communicated to OrthoMetiQ as precisely as possible.

OrthoMetiQ may further develop, improve, adapt for security reasons or reasonably modify functions, provided that the purpose of the contract is not unreasonably impaired.

• Support is provided through the intended contact, ticket and communication channels
• Changes may be necessary for security, legal, quality or product reasons
• Critical errors should be reported with browser, time, workflow step and screenshot

15. InAppMessages and push notifications

The mobilePlanner may announce new InAppMessages available in the protected OrthoMetiQ inbox by an additional push notification through Apple APNs. The complete message content remains in the protected inbox and requires authentication.

Push notifications are a voluntary supplementary function. The user can disable notification permission at any time in the iPad settings. The inbox within the OrthoMetiQ account remains authoritative; uninterrupted, immediate or complete delivery cannot be guaranteed because it depends on Apple APNs, internet connectivity, device settings and technical availability.

Push notifications are not intended for medical emergencies, time-critical clinical decisions or transmission of sensitive patient information. Patient names, diagnoses, case numbers, medical images, implant sizes or other health data must not be used in a push title or message subject. Marketing push notifications require separate consent and an effective opt-out mechanism.

• Notifications only after iPadOS permission and successful device assignment
• No guarantee as to timing or success of technical delivery
• No medical emergency or patient communication through push notifications
• The protected InAppMessages inbox remains the authoritative source of information

16. Data protection, DPA and health data

The privacy policy applies in addition to these terms for the processing of personal data. Where OrthoMetiQ processes personal data or health data on behalf of a customer, a data processing agreement may be required.

The user or instructing organisation remains responsible for having a suitable legal basis for uploading, processing, planning, exporting, archiving and transferring medical data.

• Privacy information is available under “Privacy policy”
• A DPA may be required for non-anonymised health data
• Data minimisation and anonymisation should be observed wherever possible

17. mobilePlanner, App Store distribution and companion model

OrthoMetiQ mobilePlanner is an iPad companion app for the OrthoMetiQ service. Download and installation of the app may be offered free of charge; use of protected planning functions nevertheless requires a valid OrthoMetiQ account and the required licence/approval. Licensing, tariff purchase and payment processing may take place outside the iPad app through the OrthoMetiQ web services.

Availability, technical minimum requirements, operating-system support and store distribution may change. Apple App Store, iPadOS, push notifications and App Attest are additionally subject to the relevant platform provider terms insofar as they govern the relationship between the user and platform provider.

• No entitlement to permanent support for every iPad/iPadOS version
• Protected access only with an OrthoMetiQ account and required approval
• Purchases or payments outside the app are governed by the contractual information shown there

18. Service messages, newsletters and promotional communications

OrthoMetiQ may transmit necessary account-, security-, licence-, support- and contract-related service messages by email or through the protected InAppMessages inbox. Such transactional information may be necessary to operate the account, contract or service securely.

Promotional newsletters, product advertising and promotional InApp/push messages are sent only where valid consent or another applicable statutory permission exists. Consent can be withdrawn and promotional communications can be objected to at any time for the future; necessary service communications remain unaffected.

• Service and security messages are distinguished from advertising
• Promotional electronic communications only where legally permitted
• Withdrawal/objection is possible via info@orthometiq.com

19. Appointment booking and OrthoMetiQ Demo Room

Appointments for online demonstrations can be reserved, changed or cancelled through the website. Appointment and Demo Room links are personal or appointment-specific and must not be shared or used improperly. OrthoMetiQ may change or cancel appointments for reasonable technical or organisational reasons and informs affected participants through the intended communication channels.

The Demo Room uses browser-based WebRTC communication. Camera, microphone or screen sharing are enabled only after the relevant browser permission or an active user action. According to the current implementation, OrthoMetiQ does not provide integrated audio/video recording. Participants must not transmit unlawful content or patient data without an appropriate legal basis and safeguards.

• The Demo Room is not an emergency or medical communication channel
• No guarantee of uninterrupted audio/video connectivity
• Browser, network and platform permissions can affect functionality

20. Account deletion and termination of access

Users can initiate deletion of their OrthoMetiQ account through the function provided in the mobilePlanner app or through the published contact channels. Identity verification may be required before deletion for security purposes.

Account deletion does not retroactively terminate payment, contract, documentation or statutory retention obligations that have already arisen. Data that must legally be retained or that OrthoMetiQ processes on behalf of an organisation is handled only to the extent required and in accordance with the applicable instructions and obligations.

• Deletion request covers the account and generally associated personal data
• Statutory retention duties and documented controller instructions remain unaffected
• Active licence and access rights end with final account deletion

21. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods, unless mandatory statutory provisions provide otherwise. For entrepreneurs, legal entities under public law or special funds under public law, the provider’s registered place of business is the place of jurisdiction to the extent legally permitted.

If individual provisions are or become invalid, the validity of the remaining provisions remains unaffected. Individual agreements take precedence over these terms of use.

• Last updated: 20 August 2026
• The currently published version is authoritative
• Changes may become necessary due to technical, legal or operational adjustments