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 paid-plan purchase processing.

1. Provider, scope and B2B orientation

The provider is OrthoMetiQ a PESL.ME company Brand / PESL.ME | Mediengestaltung (Bastian Pesl), Mühlenstr. 36, 93176 Beratzhausen, Germany. Contact: info@orthometiq.com, telephone +49 (0) 9493 8289674.

These Terms apply to orthometiq.com, My OrthoMetiQ, protected case workflows, OMQ FileDrop, WebPlanner, mobilePlanner, OMQ Service/Service Tokens and formal offers, support/tickets, InAppMessages/push, appointment booking/Demo Room, trials, licences, plans and related contract/download functions.

• Paid plans, professional planning services and protected Planner access are offered exclusively to entrepreneurs within Section 14 BGB, legal entities under public law and comparable professional organisations.
• Before trial/purchase workflows the customer confirms acting in the course of commercial or independent professional activity and not as a consumer within Section 13 BGB.

2. Registration, customer account and access

Protected functions require a personal or organisation-related customer account. Information must be correct, complete and kept current. Credentials must be kept confidential and accessible only to authorised persons.

In the event of security risks, abuse, false information or serious contractual breaches, OrthoMetiQ may restrict access to the necessary and proportionate extent. Statutory rights remain unaffected.

3. WebPlanner, mobilePlanner and scope of service

The specific functional and service scope follows the service description shown at purchase and the selected plan. mobilePlanner is the iPad companion app to the OrthoMetiQ service; where stated for a WebPlanner plan, its use is included.

A licence is non-exclusive and non-transferable and applies only to the approved user/organisation scope. Security, compatibility and development-related changes are permitted where they do not unreasonably impair the contractual purpose.

4. Regulatory status

IMPORTANT: WebPlanner and mobilePlanner currently do not carry CE marking under Regulation (EU) 2017/745 and have not been conformity-assessed or certified by OrthoMetiQ as Class IIa medical devices. Until the applicable regulatory requirements have been completed, they must not be represented or used as CE-marked medical devices or for a use that legally requires such conformity.

This information does not determine regulatory qualification/classification, which depends on applicable law, actual functionality and intended purpose. OrthoMetiQ does not replace any legally required conformity assessment.

5. Professional responsibility and result verification

All measurements, planning views, implant/template information, reports, images and exports must be independently checked by suitably qualified professional users for correctness, plausibility, scaling/calibration and suitability for the specific case.

OrthoMetiQ does not replace medical examination, indication, individual clinical assessment or an independently responsible therapy/surgical decision.

6. Data, case upload and customer responsibility

The customer may process or submit only data, images and documents for which an adequate legal basis and required permissions exist. The standard case-upload workflow is intended for anonymised data and requires confirmation of anonymisation.

Where other configured workflows contain personal or health data, the data-protection roles must be determined before processing. Where OrthoMetiQ acts as processor on documented customer instructions, the incorporated DPA applies.

7. Trial

An approved trial is free of charge, separate from a paid contract and normally lasts 3 days. It ends automatically at expiry of the approved period. Trial access is intended for active evaluation and may be deactivated if no use takes place within 48 hours after access is provided or if no further activity is detected for at least 48 hours after initial use. Reactivation or extension requires individual agreement with OrthoMetiQ.

No paid subscription arises from a trial without a separate chargeable purchase. There is no entitlement to repeated trials. Prepared trial accounts or access data that are no longer required may be deleted or restricted in accordance with the Privacy Policy and applicable retention duties.

8. Plans, Service Tokens, term, renewal and termination

The order data shown before conclusion and the subsequent contract record are authoritative. OrthoMetiQ Flex: 1-month initial term; automatic 1-month renewals; terminable at any time with effect at the end of the current paid monthly period. OrthoMetiQ Prime: 12-month initial term; automatic 12-month renewals; terminable at any time with effect at the end of the current paid annual period.

OrthoMetiQ Sovereign is a one-time licence without recurring licence fee. If Sovereign Care is selected, Care runs for 12 months and renews for additional 12-month periods unless terminated with effect at the end of the current paid Care period. Termination can at least be declared in text form to info@orthometiq.com; no stricter form is required unless mandatory law or an individual agreement provides otherwise. Statutory termination rights for cause remain unaffected.

OMQ Service Tokens are a product separate from WebPlanner/mobilePlanner subscriptions and are used for the professional OrthoMetiQ planning service. One Service Token entitles the business customer to submit one planning-service case and is technically deducted from the customer account when case submission is completed successfully. Service Tokens are not used for the customer own planning cases in WebPlanner or mobilePlanner.

A calculation or Token request in the customer portal is non-binding. Unless the formal PDF offer states otherwise, that PDF constitutes OrthoMetiQ binding offer for the stated validity period; the contract is formed when the signed acceptance from the business customer is received in time. The agreed Service Tokens are credited after contract acceptance and confirmed receipt of payment, unless individually agreed otherwise. Individual terms in the formal offer prevail over these Terms.

9. Order, contract conclusion and purchase processing

Before chargeable conclusion, plan, price, billing interval, term and applicable legal documents are displayed or made accessible. The customer confirms business status, incorporation of the Terms, acknowledgement of the Privacy Policy and, where Article 28 GDPR processing applies, acknowledgement of the DPA/TOMs forming part of the contractual framework.

Technical steps: the signed-in business customer opens the plan selection, confirms business status and the legal documents, selects the desired plan and then starts the external purchase/payment process. The payment details intended for the transaction can be reviewed or corrected before final completion. After successful completion, electronic confirmation/licence activation and the contract record are provided.

The contract text and incorporated legal versions are stored as a transaction-specific record and made available in reproducible form through My OrthoMetiQ / OMQ FileDrop. Contract languages are German and English according to the language used for the customer account/transaction. Unless expressly stated otherwise in the order process, OrthoMetiQ is not subject to a specific voluntary code of conduct.

The contract is concluded by the clear chargeable purchase action and electronic confirmation/licence activation. Full payment-card data are not stored on OrthoMetiQ servers; external payment processing may apply its own security and verification procedures.

10. Electronic contract evidence and document versions

OrthoMetiQ records in particular contract ID, customer account, plan, price, purchase/service date, purchase reference and incorporated document versions. Contract confirmation, Terms, Privacy information, DPA/TOM where applicable and invoice can be provided as PDF through My OrthoMetiQ / OMQ FileDrop.

For an existing contract, the Terms version documented at conclusion remains authoritative. A later website version applies to an existing contract only if effectively agreed or mandatory law requires adjustment.

11. Prices, due date, invoices and tax

The fee shown before purchase becomes due upon completion of the purchase process for the stated billing period unless the order process states otherwise. Price changes do not apply retroactively to billing periods already paid. If a payment fails or is reversed, the affected paid access may be suspended after appropriate notice until the matter is resolved; mandatory rights remain unaffected.

Invoices contain the information required for the relevant tax case. Where the German small-business exemption under Section 19 UStG applies to the specific domestic supply, VAT is not shown and the invoice contains the relevant exemption notice.

Automatic OrthoMetiQ tax-invoice generation is currently approved for customers established in Germany. For foreign customers, place of supply, business/VAT status and any reverse-charge requirements must be reviewed before invoicing.

12. Availability, maintenance and technical requirements

OrthoMetiQ aims for secure and stable operation but does not owe uninterrupted availability. Maintenance, security measures, updates, browser/OS changes, internet/hosting incidents or events outside reasonable control may temporarily restrict functions.

The customer is responsible for suitable devices, supported browser/OS, internet access and security of the local environment.

13. Permitted use and security

Prohibited conduct includes circumvention of access controls, use of another person credentials, attacks/manipulation, unauthorised automated extraction, harmful uploads, decompilation beyond mandatory statutory permissions, resale/sublicensing without consent and use contrary to law.

Security incidents or suspected compromised credentials must be reported to OrthoMetiQ without undue delay.

14. Intellectual property

All rights in software, source code, workflows, database structures, implant/template data, trademarks, logos, graphics, texts and interfaces remain with OrthoMetiQ/PESL.ME or the respective rights holders.

The customer receives only the rights required for the contractual purpose. Third-party rights in manufacturer/implant names and other content remain unaffected.

15. Support, tickets, changes and implant-template requests

Support, bug, change and implant-template requests may be documented in the ticket system. A specific implementation date or inclusion of a requested template/function is owed only if expressly agreed individually.

Security or legal/compatibility related changes may be implemented at short notice.

16. Service communications, InAppMessages and push

OrthoMetiQ may send account, security, licence, purchase, contract, support and operational communications through the provided channels. Such service communication forms part of service delivery.

Promotional newsletters/marketing are sent only on a separate legal basis. Push permission can be controlled by the user on the device.

17. Appointment booking and Demo Room

Demo appointments and Demo Room are used for presentation, support and pre-contractual communication. Participants may not upload/share content for which they lack the necessary rights.

Function-specific STUN infrastructure may be used to establish WebRTC connectivity. Permanent Demo Room availability is not guaranteed.

18. mobilePlanner and App Store distribution

mobilePlanner may be downloaded/installed through an app store; access to protected functions remains governed by the OrthoMetiQ account and OrthoMetiQ licence.

App-store availability, device/OS requirements and platform terms of the app-store operator are outside OrthoMetiQ direct control.

19. Privacy and DPA

The Privacy Policy informs about processing for which OrthoMetiQ acts as controller. Where OrthoMetiQ processes personal data solely on documented customer instructions, the DPA made available for the relevant transaction under Article 28 GDPR forms part of the contractual/use framework in electronic form.

The customer remains responsible for its own data-protection duties, including legal basis, an Article 9 condition for health data, transparency duties, data minimisation and any required DPIA.

20. Liability

OrthoMetiQ is liable without limitation for intent, gross negligence, injury to life, body or health and where mandatory statutory liability applies.

For simple negligence OrthoMetiQ is liable only for breach of an essential contractual duty, limited to the typical damage foreseeable at contract conclusion. Mandatory product, data-protection and other statutory liability remains unaffected.

21. Termination, account deletion and data

After contract/licence end, access to protected functions may end. Account deletion does not override statutory retention duties. Contract, invoice, security and evidence records may therefore remain restricted/purpose-bound where required.

Customer data processed solely by OrthoMetiQ as processor are deleted or returned in accordance with the DPA.

22. Final provisions

German law applies excluding the UN Convention on Contracts for the International Sale of Goods. For merchants, legal entities under public law or special funds under public law, and otherwise where legally permissible between entrepreneurs, the provider registered office is agreed as place of jurisdiction.

If a provision is ineffective, the remaining provisions remain effective and the statutory rule applies. Amendments to individual agreements follow the form required by applicable law.