Terms of Service of Symptoma GmbH for „Symptoma“ (Version from 12th January 2017)


1. Validity of the Terms of Service

For the search engine Symptoma only the following Terms of Service apply. They also apply to all future business relations, even if they are not explicitly further mentioned. Counter-confirmations of the customer having his own terms and conditions are hereby declined. All other agreements made ​​between the Symptoma GmbH and the customer must be in writing.

2. Service object


Symptoma GmbH operates the website Symptoma, which holds medical content and data collections.


Symptoma GmbH allows the customer to access this server for the purpose of research in the medical data collection. The decision to allow access for interested parties is solely made by Symptoma GmbH. Symptoma GmbH can refuse access for interested parties without further explanation.


Symptoma GmbH is not obliged to provide access to the search engine Symptoma for free. Symptoma GmbH can determine the price of access. In this case, a part of the information and functionality can be provided for free, and the remaining portion will be available for a fee.




Symptoma GmbH grants the individual customers the - not exclusive - right to use the specified medical search engine Symptoma under applicable copyright on one workplace. The use of non-free areas of Symptoma requires the payment by the customer in advance.


Symptoma GmbH endeavours to keep the information of the search engine up to date and to regularly provide an updated version. Any liability for the medical content is expressly excluded.


The object of the contract is only the availability of the database Symptoma. A diagnosis is not the object of the contract and is not guaranteed.

3. Scope of Services


Symptoma GmbH grants its customers non-exclusive and non-transferable right to use the available search engine Symptoma and its medical database in its original format and only for the purpose defined in this contract and only for the duration of the contract. The customer is not entitled to grant sublicenses.


The customer is not entitled to a particular scope of service of the search engine Symptoma. This applies in particular for the performance of the server and for the medical data collection. Symptoma GmbH therefore expressly reserves the right to change the services to be provided under this contract and to extend, modify or make improvements to the service. The Symptoma GmbH is also entitled to add or reduce services, in particular to take down data and file resources from the server.


If change of service means that the balance of service and fee is insignificantly compromised, the customer is not not be entitled to a reduction in the monthly payments.


All present and future rights of whichever nature of the search engine Symptoma and its medical data collection, including the user documentation, belong to Symptoma GmbH, independently of where the data carrier is stored or where copies of the data base are stored. The exception being expressly conceded usage rights given by Symptoma GmbH.


Any other use, in particular the making of copies or reproductions of the data collection including the user documentation, are only permitted by prior written consent of Symptoma GmbH. Without such approval, the customer may not have a copy of the medical data collection. This includes explicitly so-called spidering / crawling of publicly available information on this website.


As soon as Symptoma GmbH is aware that individual records or the entire medical data collection of the search engine Symptoma are used in violation of the rights granted hereunder, a penalty of 10,000 euros is due. This does not limit the prosecution of higher levels of damages.

4. Copyright


The individual data sets and the entire medical data collection of the search engine Symptoma are protected by copyright.


Symptoma GmbH grants the customer the right to research in the collection of medical data search engine Symptoma according to the specified contract purpose.



5. Compensation


The customer shall pay the Symptoma GmbH a monthly fee depending on the package chosen. If the scope of services included in the package is exceeded, then it is possible to be either charged by usage or switch to a package with a greater amount of included services. Payment is done via PayPal, credit card or by invoice if expressly acknowledged.


All prices are inclusive of VAT.


If the customer misses a payment, he comes without further notice and grace period in arrears. The Symptoma GmbH is then entitled to prohibit further use of the search engine Symptoma and to block customer access immediately.


In default of payment the customer is also required to pay interest at the rate of 5% above the base rate.

6. Term and Termination


The contract commences on the day on which the customer signs up for Symptoma and the account is verified. The contract is closed for an indefinite period. The subscription can be canceled at anytime to the end of the current service month via PayPal or in writing. The customer has the burden of proof for the arrival of the receipt of the cancellation notice.


If the customer misses the payment for two consecutive months, Symptoma GmbH can terminate the contract without notice. The assertion of further claims is reserved.


If the customer breaches a contractual obligation, the Symptoma GmbH is entitled to terminate the contract without notice after unsuccessful warning. Among the contractual obligations, the duties and obligations of the 8th paragraph are of particular importance.

In the event that a party repeatedly breaches its obligations the other party has the right to terminate the contract for good cause without warning. An important reason is notably the case where

In the case of extraordinary termination by Symptoma GmbH, the customer is liable to a penalty in the amount of all costs for the termination.

7. Data safety and confidentiality


The medical data collection of the search engine Symptoma is not made​available to customers without the appropriate conditions. Rather, the access to internal areas is configured so that the customer must register prior to the first access.


The parties are aware that an unauthorized access can never be completely avoided. Therefore, in the case of unauthorized data access the unauthorized user is liable for all damages to both parties to the full extent. There is no liability of Symptoma GmbH exceeding standard legal requirements.


The parties agree, that all business and technical information they obtained from the other party are confidential if confidentiality was either explicitly mentioned, or it could be assumed due to the circumstances of the disclosure that they are confidential. The information is to be used exclusively for the purposes for which they were asked in the context of the implementation of this agreement.

8. Duties and obligations of the customer


The customer is obliged to use the individual data sets and medical data collection in the search engine Symptoma in an appropriate manner.


Faulty use includes in particular




In addition to the data protection law, the customer is obligated to observe telecommunications and e-commerce laws and regulations in particular. The customer is obliged not to enter any data or information that is offending criminal law, public law, public decency or intellectual property rights.

The customer holds the Symptoma GmbH indemnified from claims by third parties due to a violation of the law by the customer.

9. Terms of Payment


All payments be made by Paypal, credit card or by invoice (if expressly agreed).


The specified contract rates are billed monthly.


The prices include VAT.

10. Guarantee

There is no guarantee for the completeness, accuracy or update of the information provided in the search engine. Symptoma GmbH enables the accessibility of the search engine to its paying customers. It does not guarantee a correct diagnosis by use of the search engine. The search engine is only a reference tool. The decision on the diagnosis is always the responsibility of the acting physician.

11. Liability




Symptoma GmbH is not liable for the transmitted information, and in particular not for its completeness, accuracy or timeliness. There is no liability of the Symptoma GmbH to the result of medical research or the provision of a diagnosis or any treatment on the basis of the information provided here.








In cases of failures because of a circumstance beyond the responsibility of the Symptoma GmbH the customer is still obliged to pay the monthly fees. There is also no refund of access fees.


In the event that Symptoma GmbH is liable in this context, the amount is limited to one monthly fee, so far as there was no intent or gross negligence present.





12. Use by Third Parties


The use of search engine Symptoma is solely allowed for the customer himself.


A use of data by third parties is strictly prohibited without written permission by Symptoma GmbH.


If use by third parties, in particular by the customer's employees, is permitted, the customer shall at his own responsibility ensure that they comply with the concluded contract. For any breach of contract by the third party, where the use of search engine Symptoma was allowed, only the customer bears the exclusive liability risk.

13. Offsetting and retention

The customer can offset claims against Symptoma GmbH only with undisputed or legally established claims. The customer has the right of retention only for counterclaims resulting under this contract.

14. Evidence clause

The log data stored in the EDV-System of Symptoma GmbH is admitted as evidence of data transfers, access times, transferred amounts of data, contracts and payments effected between the parties.

15. General terms





16. Miscellaneous




17. Governing law and jurisdiction clause

This contract is subject to Austrian law. The place of jurisdiction is Salzburg. Only the German language version of these terms apply! The English version is only for informational purposes and not guarantueed to be exactly translated.

18. Writing requirement

Additions to the respective contracts with the customer are required writing. The same applies to the repeal this clause (double writing requirement). Other ancillary agreements in addition to the contract and this terms and conditions do not exist between the parties.

19. Severability

If any provision of the contract concluded or the associated terms and conditions in whole or in parts becomes invalid, this shall not affect the validity of the remaining provisions. Rather the parties undertake to replace the invalid provision with a provision which comes closest to what both parties willed.