Terms of use

Overview

These terms reflect the current OrthoMetiQ implementation: public website, My OrthoMetiQ, protected case upload, WebPlanner launch through the portal, 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, 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• Permissions may be reviewed, restricted or withdrawn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

The OrthoMetiQ WebPlanner is a browser-based planning environment supporting digital preoperative planning workflows. Access requires a valid OrthoMetiQ account, portal authentication and an appropriate WebPlanner approval.

The WebPlanner supports measurements, image display, prosthesis and implant information, planning steps, documentation and exports. It does 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.

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
• 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 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. 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

16. 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: 3 May 2026
• The currently published version is authoritative
• Changes may become necessary due to technical, legal or operational adjustments