General terms and conditions for the use of NAEOTOM Connect
1. Scope, prerequisites
1.1. This website for the NAEOTOM Alpha Community provided by Siemens Healthineers AG (hereinafter referred to as “NAEOTOM Connect”) may be used solely in accordance with these general terms and conditions of use (“Terms of Use”). By logging in, users accept that their use of the website is subject to these Terms of Use in their respective version as displayed. If users do not agree to these Terms of Use, they are not authorized to use NAEOTOM Connect. Furthermore, the community is an exclusive offer for NAEOTOM Alpha Class customers. Admission to NAEOTOM Connect requires being a user or customer of this system.
1.2. Siemens Healthineers shall be entitled to amend, revoke, or rescind these Terms of Use at any time. In addition, Siemens Healthineers may cease the operation of the NAEOTOM Connect website at any time, either partially or as a whole. Siemens Healthineers makes no warranty regarding the uninterrupted availability of the NAEOTOM Connect website owing to the nature of the internet and computer systems.
2. Operator
NAEOTOM Connect is operated by:
Siemens Healthineers AG
Business Line CT
Siemensstr. 3
91301 Forchheim
Germany
E-mail: naeotom-connect.team@siemens-healthineers.com
Web:
https://connect.siemens-healthineers.com/
3. Website
3.1. Siemens Healthineers makes the NAEOTOM Connect website available to help “NAEOTOM Alpha class” users share information and experience and to enable the users to register for NAEOTOM Connect Events organized by third party research centers (“Purpose”). Siemens Healthineers may support users in its own discretion by offering proposed solutions and suggestions on a non-binding basis (hereinafter “Information”).
3.2. Siemens Healthineers does not provide individual advisory services but offers suggestions for solutions to general problems based on its own experiences. Siemens Healthineers doesn’t vouch for the accuracy of the solution approaches because, in each case, problem solutions involve complex processes that cannot be comprehensively validated owing to the limited opportunities to gain an insight into the system involved in each individual case. The solution approaches therefore represent non-binding suggestions that users themselves must test for appropriateness and risk prior to deploying the solutions on their systems. Siemens Healthineers shall not be liable for the suitability or accuracy of proposed solutions because the suggestions are based on the information described by the user.
3.3. Any posts made available on NAEOTOM Connect are provided expressly for information and discussion purposes only and not for commercial use. In particular, the posts shall not represent any instruction or recommendation as to medical treatment. Any doctor shall use NAEOTOM Connect and results based on the usage of NAEOTOM Connect at his/her own risk and on his/her own responsibility.
3.4. The information on the NAEOTOM Connect website may contain specifications or general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
4. Registration, password
4.1. NAEOTOM Connect is password protected, access is only possible for registered users. Siemens Healthineers is entitled to deny registration or withdraw access authorization at any time by blocking access data without being required to specify the reasons for such denial or withdrawal, in particular if
- the user has provided false details for the purposes of registration,
- the user has breached these Terms of Use or has failed to comply with his/her duty of care when handling access data, or
- the user has not used NAEOTOM Connect for an extended period of time.
4.2. The user shall provide truthful details for the purposes of registration and shall notify Siemens Healthineers without delay if there are any subsequent changes to these details. The users must ensure that they receive the e-mails sent to the e-mail address that they have specified. Users represent that they are authorized by their institutional/governmental employer to use NAEOTOM Connect for its intended Purpose.
4.3. The user shall ensure that user data does not become accessible to third parties and shall be liable for all activities conducted on the website using the User Data. Users shall log-out after each visit. Users may not share their password to permit non-registered individuals to gain access to the NAEOTOM Connect website. If users become aware that third parties are misusing the User Data, such users must notify Siemens Healthineers without delay by simple e-mail to:
naeotom-connect.team@siemens-healthineers.com.
5. Obligations of the user
5.1. When using the NAEOTOM Connect website, users shall always act respectfully and shall ensure that the use of the website and any content posted will NOT
i. violate the rights of third parties (infringement of copyright, trademark, right to use a name, moral rights, or other protected content),
ii. violate any other rights and must not be inappropriate or disrespectful,
iii. harm personal rights of data subjects,
iv. adversely affect the safety, operations and confidentiality of the website, or
v. violate applicable law.
In particular (but not limited to), users must NOT:
- offend other users or common decency with their conduct, especially by insulting, harassing others or to post sexual or racist content.
- violate industrial rights, copyright, or other property rights;
- enter, save or send hyperlinks or content that the user is not authorized to use, especially if these hyperlinks or content violate confidentiality obligations or are illegal;
- conduct “off-label” discussions. “Off-label” includes, text, pictures, videos, feeds from third party sites or any other manner of communication that states or implies unapproved indications, applications or intended uses of specific products or product types for which promotion of such uses would be a violation of applicable law, e.g. the Federal Food, Drug, and Cosmetic Act, implementing regulations and policies; or
- use NAEOTOM Connect as forum for any product claims;
- You may not falsely imply that you’re affiliated with or endorsed by the company.
- You may not remove any marks showing proprietary ownership from materials you download from the forum.
- You may not show any part of the forum on other websites with iframe.
- You may not strain infrastructure of the forum with an unreasonable volume of requests, or requests designed to impose an unreasonable load on information systems underlying the forum.
- You may not impersonate others through the forum.
- distribute advertising, unsolicited e-mails (known as “spam”) or inappropriate warnings against viruses, malfunctions or similar, or invite participation in lotteries, multi-level marketing schemes, pyramid schemes, chain letters or similar campaigns;
- For German Siemens Healthineers employees the following workers council agreement is in place:
GBV der Siemens Healthineers AG zum IT-Verfahren Peer-to-Peer Community Plattform
5.2. If a user discovers NAEOTOM Connect content that he/she considers to violate these Terms of Use or rights of third parties, the user should inform Siemens Healthineers of the situation immediately by E-mail:
naeotom-connect.team@siemens-healthineers.com
If the user wishes to submit a notice according to the DSA (Digital Services Act), to
Notices_DSA@siemens-healthineers.com.
Upon receipt of notice about any misuse, Siemens Healthineers will review user content manually by human individuals and will remove user content that does not comply with Section 8.1. No automated systems will be used for the review.
Complaints against decisions by Siemens Healthineers to remove user content may be filed free of charge by electronic means under
Complaints_DSA@siemens-healthineers.com
within 6 months following the decision of Siemens Healthineers. Siemens Healthineers will review and decide about any such complaint.
5.3. Siemens Healthineers is entitled to immediately suspend access to the webpage and may delete any content or posts if Siemens Healthineers reasonably suspects that user is in breach of these Terms of Use.
5.4. Siemens Healthineers may investigate and prosecute violations of these terms to the fullest legal extent. Siemens Healthineers may notify and cooperate with law enforcement authorities in prosecuting violations of the law and these terms.
6. Posts
6.1. Siemens Healthineers makes sections (categories) on the NAEOTOM Connect website available which allows user to post their experiences and solutions within this section. Siemens Healthineers may not be able to check the accuracy or correctness of posts within this section in due time. Siemens Healthineers shall not be liable for the content posted by the users and/or Siemens Healthineers.
6.2. NAEOTOM Connect is intended to facilitate the exchange of professional opinion and information. To ensure that this is realized, Siemens Healthineers reserves the right to delete posts that are not consistent with this aim or that do not have any identifiable connection with the matter under discussion. Siemens Healthineers cannot provide comprehensive monitoring of NAEOTOM Connect outside of Siemens Healthineers’ mandatory legal obligations.
6.3. All users themselves are responsible for the contributions that they post. Posts carrying the name(s) of the author(s) are expressing the opinion of the author(s) concerned and not those of Siemens Healthineers.
6.4. The user warrants that all the information he/she provides is accurate. With the publication of posts, the user agrees to hold Siemens Healthineers harmless from all claims by third parties and associated costs (including the costs of legal action) arising because of a violation of these Terms of Use.
7. Property rights
7.1. Information, brand names and other Siemens Healthineers content from the NAEOTOM Connect website may not be amended, copied, reproduced, sold, rented, used, enhanced, or exploited in any other way without the prior written consent of Siemens Healthineers. Except for the rights of use and other rights expressly granted herein, no other rights are granted to the User nor shall any obligation be implied requiring the grant of further rights. Any and all patent rights and licenses are expressly excluded.
7.2. Furthermore, users shall not be entitled to register industrial rights based on information received where such information includes rights that are capable of being protected.
7.3. Siemens Healthineers may, without charge, use any ideas or proposals stored by a User on the NAEOTOM Connect website for the development, improvement and sale of its products and user hereby grants Siemens Healthineers a global, irrevocable, transferable, non-exclusive right to use the posts, free of charge, to the extent necessary described above.
8. Hyperlinks
The NAEOTOM Connect website may contain hyperlinks to the web pages of third parties. Siemens Healthineers shall have no liability for the contents of such web pages and does not make representations about or endorse such web pages or their contents as its own, as Siemens Healthineers does not control the information on such web pages and is not responsible for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User.
9. Liability of Siemens Healthineers
9.1. Any liability of Siemens Healthineers shall be excluded unless liability is mandatory due to applicable law, for example, deliberate action, gross negligence, death or personal injury, fraudulent failure to disclose information about a defect, or breach of material contractual obligations. However, claims for damages arising from breach of material contractual obligations shall be restricted to the foreseeable losses typical of the agreement concerned unless such breach results from deliberate action or gross negligence. Claims for other direct or indirect losses, including but not limited to claims for business stoppage, lost profit, loss of information or data as well as consequential, unforeseen, special or incidental losses shall be excluded regardless of their legal grounds.
9.2. Siemens Healthineers disclaims any liability for the accuracy, error-freeness or completeness of any information made available to the users.
9.3. The above provisions shall not effect a change in the burden of proof to the detriment of the user.
10. Viruses
Although Siemens Healthineers applies best efforts on an ongoing basis to ensure that NAEOTOM Connect is free of viruses, Siemens Healthineers cannot guarantee that there will be no virus infection. For their own protection and to prevent viruses on NAEOTOM Connect, users shall implement appropriate security measures and use virus scanners prior to downloading information.
11. Export control
11.1. If the User transfers information, software and documentation provided by Siemens Healthineers to a third party, the User shall comply with all applicable national and international (re-) export control regulations. In any event of such transfer the User shall comply with the (re-) export control regulations of the Federal Republic of Germany, of the European Union and of the United States of America.
11.2. Prior to any such transfer to a third party the User shall in particular check and guarantee by appropriate measures that
- there will be no infringement of an embargo imposed by the European Union, by the United States of America and/or by the United Nations by such transfer or by provision of other economic resources in connection with information, software and documentation provided by Siemens Healthineers, also considering the limitations of domestic business and prohibitions of by-passing those embargos;
- such information, software and documentation provided by Siemens Healthineers are not intended for use in connection with armaments, nuclear technology or weapons, if and to the extent such use is subject to prohibition or authorization, unless required authorization is provided;
- the regulations of all applicable Sanctioned Party Lists of the European Union and the United States of America concerning the trading with entities, persons and organizations listed therein are considered.
11.3. The User shall indemnify and hold harmless Siemens Healthineers from and against any claim, proceeding, action, fine, loss, cost and damages arising out of or relating to any noncompliance with export control regulations by the User, and the User shall compensate Siemens Healthineers for all losses and expenses resulting thereof, unless such noncompliance was not caused by fault of the User. This provision does not imply a change in burden of proof.
12. Data protection
In collecting, using, and processing personal data relating to the users of NAEOTOM Connect, Siemens Healthineers observes the applicable data protection laws and its data protection declaration, which can be always accessed on NAEOTOM Connect. The Privacy Notice can be found under Privacy Policy.
13. Supplemental agreements, place of jurisdiction, applicable law
13.1. Any supplementary agreement requires the written form.
13.2. The place of jurisdiction shall be Munich if the User is a merchant in terms of the German Commercial Code (Handelsgesetzbuch).
13.3. These Terms of Use shall be governed by – and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with – the laws of Germany, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.
14. German Act on Advertising in the Healthcare System (HWG)
The information accessible in NAEOTOM Connect is intended for medical professionals and is subject to the German Act on Advertising in the Healthcare System (HWG). Medical professionals within the meaning of this act include members of the healthcare professions or healthcare industry, establishments supporting human and veterinary healthcare, and other persons with authorization to carry on a trade involving pharmaceuticals, procedures, treatments, objects or other means.
