Terms of Use

Status: March 2025

1. Scope

1.1 These terms of use (“Terms of Use”) apply to the use of the website with the domain probatix.de and all subdomains (“Probatix-Platform”). They govern the conditions under which Probatix Health GmbH, registered in the commercial register of the Charlottenburg District Court under HRB 05737 B, Bismarckstr. 10-12, 10625 Berlin, represented by the managing director Dr. Daniel Werner (“Probatix”), currently and in the future provides services to users via the Probatix-Platform. The terms of use become part of the contract concluded between Probatix and the user regarding the use of the Probatix-Platform (“Usage Agreement”).

1.2 The terms of use also apply to all examinations of human body materials, including blood, urine, stool, swabs, and other samples (collectively "Examinations" and individually "Examination"), conducted by Probatix cooperating service providers (e.g., medical practices, medical care centers, pharmacies, laboratories - collectively and individually "Cooperation Partners") for users and booked and/or processed via the Probatix platform. The terms of use become part of the contract concluded between the respective cooperation partner and the user for the performance of the examination ("Examination Contract").

1.3 These terms of use also apply to the Home-Test Kits offered by Probatix . Probatix is the provider in this case and is responsible for the provision, guidance, and commissioning for the evaluation of the tests.

1.4 The terms of use in the version valid at the time of the conclusion of the usage contract and the examination contract are decisive.

1.5 Deviating, supplementary, or conflicting conditions of the user do not apply and do not become part of the usage contract or an examination contract. This also applies if the user refers to their conditions towards Probatix and/or a cooperation partner and Probatix and/or a cooperation partner does not expressly object to the user's conditions.

1.6 These terms of use apply to all services offered by Probatix , regardless of whether they are provided directly or through cooperation partners.In these cases, the respective supplementary agreements between the involved parties apply additionally.

2. Conditions and Eligibility for Use

2.1 The use of the Probatix-platform and the utilization of an examination are only permitted if the user agrees to these terms of use. By setting up a user account and with each commissioning of an examination with a cooperation partner, the user declares their agreement with the terms of use. If a user does not agree, they are prohibited from using the Probatix-platform and commissioning an examination.

2.2 Only adults are entitled to use the Probatix-platform and to utilize an examination. Minors are not allowed to use the platform, even if a legal representative consents or if consent is not legally required.Providing false age information constitutes a serious violation and entitles Probatix to terminate the user agreement immediately and without notice.

3. Services of Probatix

3.1 Probatix provides the Probatix platform, through which users can book and manage various diagnostic examinations. This includes both tests conducted by cooperation partners and home test kits that the user can apply independently.

3.2 Probatix strives for high availability of the platform but cannot guarantee continuous and uninterrupted use. In particular, maintenance work, security updates, or technical disruptions may lead to temporary restrictions. This does not result in any claims by the user against Probatix or the cooperation partners.

3.3 The user is responsible for meeting the technical requirements for using the platform, particularly regarding internet access, hardware, and software.

3.4 Probatix reserves the right to further develop the platform, add new features, or modify or discontinue existing features.

3.5 Users who receive a home test kit must send the sample for analysis within 90 days of booking. After this period, the sample can no longer be evaluated, and the right to analysis expires.

4. Services of the Cooperation Partners

4.1 The cooperation partners conduct the examinations. These consist of analyzing the user's body material (“sample”) to determine specific values.If the user can select individual values within the scope of the examination offer, this selection is made within the options offered by the cooperation partners. There is no entitlement to a specific examination being offered.

4.2 The cooperation partner chosen by the user collects the sample (e.g., venous blood, capillary blood) or accepts a self-collected sample (e.g., capillary blood, stool, urine, hair) ("Sample Collection"). The sample collection takes place on the premises of the cooperation partner or at another agreed location. If a value determination does not need to be performed through laboratory diagnostics, the cooperation partner evaluates the sample themselves and provides the findings via the Probatix-platform. The user has no entitlement to the sample collection being performed by a specific person of the cooperation partner.The user is obliged to inform the cooperation partner about relevant pre-existing conditions, allergies, or medication intake.

4.3 If a laboratory diagnostic examination is required for the value determination, it will be carried out by a medical laboratory partner ("Laboratory"). The laboratory analyzes the sample and provides the findings via the Probatix-platform. The selection of the laboratory is made by Probatix. The user has no entitlement to a specific laboratory. If the user wishes to have the examination conducted exclusively by a laboratory of their choice, the examination contract automatically ends.

4.4 The examination is carried out at the user's request. The user acknowledges that the examination does not replace medical advice or treatment. In the case of specific health complaints, a doctor should be consulted.

5.Registration/Conclusion of Contract

5.1 The use of the Probatix platform and the utilization of an examination require the user's registration on the Probatix platform. This also applies to walk-in examinations that users spontaneously undertake with a cooperation partner without prior appointment booking.

5.2 The registration is carried out in the following steps:

• 5.2.1 The user provides their personal data (first and last name, date of birth, gender, contact details, email address), confirms the terms of use and privacy notices, and clicks on "Register." This sends a registration request to Probatix.
• 5.2.2 Probatix sends the user a confirmation email with a link.
• 5.2.3 By clicking on the link, the user account is activated.

5.3 With the activation of the user account, the usage contract between Probatix and the user is concluded.

5.4 For walk-in examinations, the user authorizes the cooperation partner to represent them during registration with Probatix .

5.5 Probatix reserves the right to refuse a registration.

5.6 The user is obliged to provide correct and complete information and not to impersonate a false identity. Probatix may request a copy of an identification document for identity verification.

5.7 The user must promptly update any changes to their data.

5.8 The booking of an on-site examination is carried out as follows:

• 5.8.1 The user selects a cooperation partner, the desired values, and an appointment, confirms their consent, and clicks on "Book with obligation to pay".
• 5.8.2 If the appointment is available, the user receives a confirmation via email.

5.9 The order of a self-collection test kit is carried out as follows:

• 5.9.1 The user selects the desired test kit, confirms their consent, and clicks on "Order with obligation to pay".
• 5.9.2 After completing the order, the test kit is sent to the address provided by the user.
• 5.9.3 The user must return the sample within 90 days of ordering to ensure a reliable analysis. After this period, the right to evaluation expires.

5.10 The examination contract between the user and the cooperation partner is concluded with the appointment confirmation. For self-collection test kits, the contract is concluded with the order confirmation.

5.11 If a laboratory diagnostic examination is required, the user authorizes Probatix to commission the laboratory. The examination contract with the laboratory is concluded at the latest upon submission of the sample.

5.12 Neither Probatix nor the cooperation partner is obliged to accept an appointment booking or test kit order.

5.13 The user can only book available appointments. Confirmed appointments are binding. Unexcused absence may lead to the suspension of the user account or immediate termination. Cooperation partners may charge a cancellation fee.

5.14 The cooperation partner may cancel appointments for important reasons. In this case, a full refund will be issued.

5.15 Users accessing the Probatix platform via a cooperation partner subdomain can complete registration and appointment booking or test kit ordering in one step.

5.16 For walk-in examinations, the examination contract is concluded with the commencement of sample collection.

5.17 The user can save the terms of use or request them via email if desired.

5.18 The usage contract and examination contracts are concluded exclusively in German.

6. Right of Withdrawal

6.1 If the user enters into an examination contract via the Probatix platform with a non-medical cooperation partner (e.g.<|vq_10892|>If a user concludes a contract with the pharmacy, they are entitled to a right of withdrawal according to the following provisions.

6.2 The user has the right to withdraw from the examination contract within fourteen days without providing any reasons. The period begins on the day the contract is concluded. To exercise the right of withdrawal, the user must send a clear declaration (e.g., by letter or email) to:

Probatix Health GmbH
Bismarckstr. 10-12
10625 Berlin
Email: support@probatix.de

The user can use the model withdrawal form available at this link, but it is not mandatory. To meet the deadline, it is sufficient to send the notification before the withdrawal period expires.

6.3 In the event of a withdrawal, the cooperation partner will refund all payments received from the user immediately and at the latest within fourteen days of receiving the withdrawal declaration. The refund will be made using the same payment method that the user used in the original transaction, unless expressly agreed otherwise. The user will not incur any additional costs due to the refund.

6.4 The right of withdrawal expires with the complete execution of the examination by the cooperation partner if the user, before the start of the examination:

• (i) has expressly agreed that the cooperation partner may begin the examination before the withdrawal period expires,
• (ii) has communicated this consent on a durable medium, and
• (iii) has confirmed that they are aware that their right of withdrawal expires with the complete execution of the examination.

6.5 We point out that the at-home blood tests are sealed goods that are not suitable for return for reasons of health protection and hygiene once the seal has been removed. In this case, the right of withdrawal is excluded in accordance with § 312g paragraph 2 no. 1 BGB. If the seal has not been removed, the right of withdrawal applies as stated in points 6.1 – 6.4 described.

7. Compensation and Payment

7.1 The compensation for each examination ("Examination Compensation") is determined independently and at their own responsibility by the cooperation partners. Deviating from this, the examination compensation is based on the Medical Fee Schedule (GOÄ) in the version valid at the time of the conclusion of the examination contract, if the examination is provided by a medical cooperation partner.

7.2 The examination compensation for examinations offered via the Probatix-platform is to be paid at the time of booking the examination via the Probatix-platform (prepayment). Probatix is authorized by the cooperation partners to receive payments from users on behalf of the cooperation partners.Payment is exclusively possible through an online payment service and is made at the user's choice via PayPal, credit card, SEPA direct debit, and bank transfer. No other payment options are available. Probatix is entitled at any time to offer additional payment options on the Probatix platform or to remove individual payment options.

7.3 Contrary to section 7.2, the examination fee is to be paid to the cooperation partner upon receipt of an invoice if the examination fee is based on the German Medical Fee Schedule (GOÄ).

7.4 The examination fee for walk-in examinations is to be paid to the cooperation partner in cash or by another payment method offered by the cooperation partner (e.g., direct debit, credit card, etc.) at the time of commissioning the examination.

7.5 For self-collection test kits, the following applies:

• 7.5.1 The payment for self-collection test kits is due immediately upon ordering via the Probatix-platform (prepayment).
• 7.5.2 Payment is made exclusively through the payment methods offered on the Probatix-platform.
• 7.5.3 The user is not entitled to a refund of the payment if they do not return the test kit for analysis within the specified period (see section 5.9.3).

7.6 The examinations are self-pay services. This means that the costs of the examinations are generally not reimbursed by payers (health insurance, aid, etc.). The user is free to clarify with their payer whether they will reimburse the cost of the examination.If the cost bearer refuses to cover the costs, this does not affect the remuneration claim of the cooperation partners against the user.

8. General Obligations of the User

8.1 The user is obliged to comply with the terms of use.

8.2 The user must create a secure password for their user account, keep it confidential, and protect it from unauthorized access. If they become aware of any misuse of their password, they must inform Probatix immediately. Probatix can block the user account if there is suspicion of unauthorized third-party access. In this case, the user will receive a new password.

8.3 The user may not use the Probatix platform to infringe on the rights of third parties or violate applicable laws.In the event of violations, the user is liable for any resulting damages and indemnifies Probatix and its partners from third-party claims, including legal defense costs.

8.4 The Probatix platform may only be used for private purposes. It is prohibited to endanger or impair the functionality of the portal through improper use. In particular, the user must not distribute malware (viruses, spyware) or store unauthorized data that infringes on the rights of third parties.

8.5 The user is responsible for creating backup copies of all relevant content from their user account, especially medical documents, on their own system.

9. Contract Duration and Termination

9.1 Usage agreements between Probatix and users, as well as investigation agreements between cooperation partners and users, commence upon their formation and continue for an indefinite period.

9.2 Each party may terminate the agreements in accordance with the following provisions:

• 9.2.1 Users may terminate usage agreements at any time without notice.
• 9.2.2 Probatix may terminate usage agreements with a notice period of two weeks.
• 9.2.3 Users may terminate investigation agreements at any time without notice. If the agreement is terminated after sample collection, the cooperation partner may demand a proportional remuneration for services already rendered, unless the termination is due to a breach of contract by the cooperation partner.
• 9.2.4 Cooperation partners can terminate examination contracts with a notice period of two weeks. An ordinary termination is excluded if the sample collection has already taken place.

9.3 The right to extraordinary termination for good cause remains unaffected. A good cause for Probatix is particularly present if the user violates essential provisions of the terms of use.

9.4 When Probatix declares a termination of an examination contract, Probatix acts on behalf and with the authority of the cooperation partner. A rejection of the termination according to § 174 sentence 2 BGB is excluded.

9.5 Every termination requires at least text form. Users can:

• terminate the user contract by deleting their user account.
• terminate the examination contract by canceling a confirmed appointment in their user account.

9.6 Termination of the user agreement by the user or Probatix results in:

• the user no longer having access to their user account.
• all user data and medical records being deleted or anonymized, unless there is a legal obligation to retain them.

10. Liability

10.1 The contractual and non-contractual liability of Probatix – regardless of the legal basis – for itself, its legal representatives, and vicarious agents is limited as follows, subject to clause 10.2:

• 10.1.1 In the case of slightly negligent breach of a significant contractual obligation ("Cardinal Obligation"), Probatix is liable only for the foreseeable, contract-typical damage at the time of contract conclusion. A cardinal obligation is an obligation whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance the contractual parties may regularly rely.
• 10.1.2 Otherwise, Probatix is only liable for intentional or grossly negligent breaches of duty.

10.2 The liability limitations according to section 10.1 do not apply in cases of mandatory statutory liability, particularly in the assumption of a guarantee or in culpable injuries to life, body, or health.

10.3 Probatix is not liable for damages resulting from a breach of duty by a cooperation partner, especially not in the case of a treatment error. Medical cooperation partners are covered by professional liability insurance.

10.4 Probatix does not guarantee the error-free operation of the Probatix platform.

10.5 Probatix is not liable for data losses if these could have been avoided by reasonable data backup measures by the user.

11. Data Protection

11.1 For the personal data of users collected, processed, and used in the context of using the Probatix platform and utilizing the examinations, the privacy policy applies.

12. Electronic Communication

12.1 Communication between Probatix and the user, as well as between cooperation partners and the user, can take place in electronic form (e.g., via email or through a chat function). If the user does not agree with this, the use of the Probatix platform is not possible.

13. Changes to the Terms of Use

13.1 Probatix is entitled to change the terms of use at any time, in whole or in part, with effect for the future, provided that users are not unreasonably disadvantaged. This is particularly the case if the changes are without economic disadvantages for the users, e.g., when adapting the terms of use to changed functionalities of the Probatix platform.Such changes become effective for a user with whom a user agreement already exists if: (i) the user is informed of the changes at least four weeks before the change date in text form, (ii) the notification indicates that the changes will become effective if the user does not object in at least text form before the specified change date, and (iii) no objection in at least text form is received from the user by the specified change date. The changes are considered accepted by the user in any case if they continue to use the platform after the changes take effect. 13.2 In the event of a user's objection, the company is entitled to terminate the user agreement extraordinarily without notice.The user cannot derive any claims against Probatix from this.

14. Applicable Law, Final Provisions

14.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. The application of mandatory legal provisions of another European Union country, in which a user has their habitual residence at the time of concluding the usage contract and/or the investigation contract, remains unaffected by this choice of law.

14.2 Should individual provisions of the terms of use be or become wholly or partially invalid, the validity of the remaining provisions shall remain unaffected. In place of the invalid or missing provisions, the respective statutory regulations shall apply. If this would represent an unreasonable hardship for a contracting party, however, the contract as a whole becomes invalid.

14.3 The currently valid terms of use can be downloaded from this link. Older versions are available to the user upon request via email.

15. Online Dispute Resolution

15.1 The EU Commission offers the possibility of online dispute resolution on a platform operated by them. This platform can be accessed via the following link: http://ec.europa.eu/consumers/odr/. Probatix and the cooperation partners are not obliged to participate in dispute resolution procedures and do not participate voluntarily.

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