Terms and Conditions

1. Preamble

The use of the services of NeoClariox Ltd. (hereinafter "NeoClariox") is subject to the following general terms of use and conditions (hereinafter "Conditions"). We ask you to read these Conditions carefully and in conjunction with the privacy policy of NeoClariox.

2. General Provisions

These Conditions conclusively, or at least in essential points, govern the contractual relationship between the user and NeoClariox and generally apply to all contracts that NeoClariox concludes with you within the scope of its range of services.

NeoClariox's range of services is accessible via NeoClariox's online platform (www.soos.de and other associated domains) as well as via the NeoClariox smartphone app.

Our range of services is aimed exclusively at consumers within the meaning of § 13 of the German Civil Code (BGB). You act as a consumer within the meaning of § 13 BGB if you conclude a contract with NeoClariox predominantly for private and not for business purposes. Commercial use of the range of services is therefore excluded. Entrepreneurs within the meaning of § 14 BGB cannot and shall not become contractual partners of any contract or agreement concluded on the basis of these Conditions.

Our offer is aimed exclusively at persons who are at least 21 years old.

Agreements deviating from these Conditions are generally not recognized by NeoClariox, unless NeoClariox unilaterally declares otherwise to you in writing or expressly concludes a different agreement with you in writing.

The content published within the scope of our range of services (e.g. texts, images and videos) is generally protected by copyright and generally belongs to NeoClariox or is licensed by NeoClariox.

NeoClariox is not a medical service provider but exclusively an intermediary.

The medical decision (including issuing prescriptions) lies entirely with the doctor.

NeoClariox assumes no liability for medical decisions.

3. Scope of Services

Via its online platform and/or the app, NeoClariox offers the mediation of professional and specialized medical and telemedical services, in particular in the field of cannabinoid-based medicine and the therapy of pain patients and the chronically ill.

For this purpose, NeoClariox works contractually with independent service providers acting on their own responsibility (doctors, pharmacies). NeoClariox itself does not provide any medical or pharmaceutical services but acts exclusively as an intermediary in order to give you easy and secure access to services. The actual provision of the medical, telemedical and pharmaceutical services takes place exclusively under the legal responsibility of these cooperation partners.

Remote treatment is not possible in every case. Remote treatment can only take place if, according to recognized professional standards pursuant to § 630a BGB, no personal doctor-patient contact is required for the respective clinical picture.

The use of the services provided by our cooperation partners, such as doctors and pharmacies, is generally subject to a charge, similar to treatment under a treatment contract pursuant to § 630a BGB or the purchase of medication at a pharmacy. Information on payment processing can be found in Section 5 of these Conditions. Additional information on the accepted payment methods is available on our online platform.

NeoClariox reserves the right to expand, adjust or, in justified individual cases, completely remove services from the range of services in the future. We will inform you in good time via the online platform about upcoming changes to the range of services.

NeoClariox Ltd. offers a service platform that connects patients, doctors and pharmacies. NeoClariox Ltd. itself does not provide any health services and is in particular not a doctor, a medical care center (MVZ) or a pharmacy. After completed treatment, doctors can – within the framework of the applicable statutory provisions – issue electronic and physical prescriptions. Patients can redeem these prescriptions at a pharmacy of their choice. Private prescriptions must be paid in full by the patient themselves.

4. Legal Relationship and Conclusion of Contract

The use or utilization of this range of services is only possible after a valid mediation contract has been concluded on the basis of these Conditions.

Such a contract is concluded when you select and bindingly book one or more services via the online platform or the app. For bookings via the online platform or the app, you are asked to accept these Conditions upon order before completing your booking, whereby they are incorporated into the mediation contract pursuant to § 305 (2) No. 1 BGB.

The contract concluded between you and NeoClariox is a pure mediation contract for arranging the services you have selected and booked. The mediation service contractually owed by NeoClariox comprises the provision of the infrastructure required for the range of services (platform for the preparation of telemedical services, provision of consultation and treatment rooms) and the establishment of contact between you and the medical service provider (doctor) or the pharmaceutical service provider (pharmacy).

The actual provision of the medical, telemedical or pharmaceutical services is expressly not part of the mediation contract on the basis of these Conditions but is solely the subject of the contract concluded between you and the service provider (e.g. treatment contract with the doctor pursuant to § 630a BGB). The general terms and conditions of use of the cooperation partners arranged by NeoClariox apply.

By concluding the mediation contract, you instruct NeoClariox to forward the personal data you have provided, including your health data, to the selected cooperation partner (e.g. doctor or pharmacy) for the purpose of proper mediation. Further information can be found in our privacy policy.

5. Payment Processing and Assignment of Claims

Insofar as we quote specific prices for our range of services, these are made up of the medical fees for medical or telemedical consultation, treatment or costs for medication and any shipping costs incurred as well as any costs for the operation of the platform.

After booking the selected services, you will be asked to pay. Insofar as you use an instant payment system as your payment method (e.g. medicflow, DIMOCO, micropayments, PayPal (Express/Plus/Checkout), Amazon Pay, Sofort, giropay, ApplePay, GooglePay), you will either be taken to the order overview page in our online shop or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, you make the corresponding selection or enter your data there. Finally, the order data will be displayed to you as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.

Please observe the respective terms and conditions and privacy policies of the payment service providers.

6. Cancellation Fee, Cancellation and Rebooking

Cancellation and Rebooking of Video Consultations

You can cancel or rebook a bindingly booked appointment for a video consultation free of charge via the platform or app up to 24 hours before the scheduled appointment.

Short-Notice Cancellations

In the event of a cancellation within 24 hours before the scheduled appointment, a cancellation fee of 25 euros becomes due. The amount corresponds to reasonable compensation for the resulting administrative effort and the blocked medical capacity.

The cancellation fee is also incurred if you do not cancel an appointment but do not appear at the agreed time, are unreachable, or the consultation cannot take place for reasons for which you are responsible.

Proof of Special Reasons

NeoClariox may waive the cancellation fee if you prove, by means of a medical certificate or an official document, that attending the appointment was objectively impossible for you.

Questionnaire-Based Prescription (Asynchronous Remote Treatment)

For services based exclusively on a medical questionnaire completed by you and which the treating doctor uses to review, assess and, if applicable, issue a prescription (asynchronous telemedical service), cancellation is not possible once you have fully submitted the questionnaire.

This applies for the following reasons:

• By submitting the questionnaire, you have expressly instructed NeoClariox to provide the service immediately (§ 356 (4) BGB).
• The treating doctor begins the medical assessment immediately upon receipt of the questionnaire; the service has thus already been started in substance or is often already fully provided.
• The medical service (medical assessment / prescription decision) is an individually provided health service that cannot be "returned".

There is therefore no right to a refund or partial refund, even if no prescription can be issued after the medical review.

Unavailability of the Doctor

Should the consultation or prescription assessment not be provided for reasons for which the doctor is responsible (e.g. technical unavailability), an amount already paid will be refunded in full.

7. Term and Termination

A mediation contract between you and NeoClariox on the basis of these Conditions has an unlimited term unless a deviating agreement has been made. NeoClariox's obligation under the contract is deemed fulfilled as soon as the medical, telemedical and/or pharmaceutical service has been arranged.

NeoClariox reserves the right to terminate this mediation contract ordinarily and without giving reasons with a notice period of 2 months. The right to extraordinary termination for good cause remains unaffected.

8. Obligations of Users

In order for NeoClariox's range of services to be offered to you in full, you must comply with certain rules of conduct ("user obligations").

As a user, you may only use the range of services properly, which means in particular not distributing any content that is prohibited, degrading, insulting, glorifying violence and/or pornographic.

You are obliged to answer all questions about your state of health truthfully and completely. If your state of health changes and these changes could influence the assessment of your treating medical service provider (doctor), you must inform them immediately and update the information in your user account in order to ensure appropriate treatment (patient's therapeutic duty to cooperate).

You must always follow the instructions of the doctor or medical staff (including telemedically). If you notice no improvement, a deterioration or other abnormalities in your state of health, you should consult a doctor in person.

Furthermore, you are obliged to take measures to protect your personal safety (in particular your physical integrity). This includes, among other things, checking medication to be taken for damage to the packaging and carefully reading the package insert.

9. Warranties, Warranty Rights, Availability

NeoClariox is liable for material and legal defects relating to the mediation contract exclusively in accordance with the applicable statutory provisions.

NeoClariox expressly does not warrant that use of the range of services will actually lead to an improvement in your well-being and/or state of health. In particular, NeoClariox does not owe you any particular medical or therapeutic success.

Guarantees are generally not given or assumed by NeoClariox. Should guarantees be advertised in exceptional cases, the details result from the corresponding guarantee conditions, which are made available to you by NeoClariox in text form before the conclusion of the contract.

10. Disclaimer of Liability

NeoClariox's Role as Intermediary

NeoClariox itself does not provide any medical, pharmaceutical or therapeutic services. NeoClariox is exclusively the provider of a digital platform that establishes contact between patients and independently practicing doctors and pharmacies.

The medical treatment contract pursuant to § 630a BGB is concluded exclusively between the patient and the treating doctor.

The same applies to contracts for the supply of medication, which are concluded exclusively with the respective pharmacy.

No Liability for Medical Decisions and Services

NeoClariox is not liable for the content, quality or results of the medical or pharmaceutical services of the cooperating doctors and pharmacies.

This includes in particular, but not exhaustively:

• medical decisions, diagnoses or therapy recommendations
• the decision on the issuing, refusal or type of a prescription
• undesirable effects, side effects or interactions of medications
• treatment errors, misjudgments, omissions or mistreatment
• faulty pharmaceutical advice or dispensing of medication
• delivery delays, shipping errors or other logistics problems of the pharmacies
• compliance with pharmaceutical, professional or therapeutic law requirements by doctors or pharmacies

The respective treating doctors or pharmacies are exclusively liable for all of these services in accordance with the statutory regulations applicable to them.

Liability of NeoClariox for Its Own Obligations (Platform/Mediation)

NeoClariox is liable for material and legal defects relating to the mediation contract owed by NeoClariox exclusively in accordance with the statutory provisions.

Liability for slight negligence is excluded – except in the case of injury to life, body or health or in the case of a breach of essential contractual obligations.

In the case of a slightly negligent breach of essential contractual obligations, liability is limited to the foreseeable damage typical for the contract.

Liability for Third-Party Content

NeoClariox assumes no liability for content, actions or omissions of doctors, pharmacies or other cooperation partners who are not vicarious agents of NeoClariox. This also applies to specialist content such as medical articles, newsletters or videos, unless there is intentional or grossly negligent conduct on the part of NeoClariox itself.

No Guarantee of Medical or Health Success

NeoClariox does not warrant or guarantee that use of the platform or the arranged services will achieve medical success or lead to an improvement in the state of health. A particular health success is expressly not owed.

No Change to the Statutory Burden of Proof

The above provisions do not change the statutory burden of proof to your disadvantage.

11. Right of Withdrawal

Start of the Withdrawal Instruction

You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must inform NeoClariox by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form for this purpose, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient that you send the notification of the exercise of the right of withdrawal before the withdrawal period expires.

Your right of withdrawal expires prematurely if NeoClariox has fully provided the service and only began performing the service after you, as a consumer, gave your express consent and at the same time confirmed your awareness that you lose your right of withdrawal upon complete performance of the contract by NeoClariox.

Consequences of Withdrawal

If you withdraw from this contract, NeoClariox must repay to you all payments it has received from you without delay and at the latest within fourteen days from the day on which the notification of your withdrawal from this contract was received by NeoClariox. For this repayment, NeoClariox uses the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged fees for this repayment.

If you requested that the service should begin during the withdrawal period, you must pay NeoClariox a reasonable amount corresponding to the proportion of the services already provided up to the point at which you notify NeoClariox of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the service provided for in the contract. If NeoClariox's service has so far been provided free of charge, you have no right to a refund.

End of the Withdrawal Instruction

Model Withdrawal Form

I/we (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods: _____________ (*) / the provision of the following service: _______________ (*)

Ordered on _________________(*)/received on:______________(*)

Name of consumer(s)____________________________

Address of consumer(s) __________________________________

Signature of consumer(s) __________________________________

(only for notification on paper)

Date __________________________________

(*) Delete as appropriate

You can send your withdrawal either by post to:

NeoClariox Ltd.
Georgiou A 125
Narcissos Complex
Office 26-27 Germasogeia
4048 Limassol
Cyprus

or by email to [email protected].

12. Further Information on Data Processing

NeoClariox processes your personal data pursuant to Art. 4 No. 1 GDPR for the initiation and performance of the contractual relationship with you. Personal data includes all information that can be attributed to a specific person.

Further information about the handling of your personal data can be found in our privacy policy, which you can view at any time on our online platform and app.

13. Miscellaneous

The language available for concluding the contract with you is German. NeoClariox reserves the right to also offer further contract languages in the future.

Should further contract languages already be available at the time the contract is concluded with you, the German version of these Conditions is decisive in the event of contradictions of a factual and/or legal nature.

German law applies exclusively to all disputes arising from or in connection with a contract concluded on the basis of these Conditions. As the place of jurisdiction, the parties agree on the registered office of the provider NeoClariox (Cyprus, Limassol).

The place of performance for all contractually owed obligations arising from or in connection with a contract concluded on the basis of these Conditions is the registered office of the provider NeoClariox.

The contract text is stored by NeoClariox and can also be made available to you subsequently at a later point in time.

Changes to these Conditions require text form. This also applies to a change to this provision.

In accordance with applicable law, NeoClariox is obliged to inform you as a consumer pursuant to § 13 BGB of the existence of the European platform for online dispute resolution (ODR platform), which can be used for the out-of-court settlement of disputes. The European Commission is responsible for setting up and maintaining the ODR platform. You can access the ODR platform at https://ec.europa.eu/odr. We expressly point out that there is neither an obligation nor a willingness on our part to participate in a dispute resolution procedure before a consumer arbitration board.

14. Reservation for Changes to the Conditions

NeoClariox reserves the right to adjust these Conditions with effect for the future in order to be able to respond appropriately to changes in the law, changes in case law or changes in economic circumstances.

An intended change to these Conditions will be announced to you in good time and the specifically intended change made available in full text. The intended change is announced by means of a display on the premises of NeoClariox's cooperation partners as well as within the online platform or in the NeoClariox app.

A change to these Conditions only becomes effective if you do not expressly object to it, i.e. in writing (e.g. by email to NeoClariox). You will also be expressly informed of this once again as part of the announcement of the intended change. In legally necessary cases, NeoClariox will obtain your express consent to the adjustment of these Conditions.