Terms and Conditions

This is a translation and may contain errors. If in doubt, read the original German version.

PART A: GENERAL TERMS

The following provisions apply to all business relationships between

simHEART GmbH Steinbachergasse 15 82487 Oberammergau Germany
E-mail: office@simheart.de
Contact form

represented by the managing directors Johannes Krammer and Kamil Beranek (hereinafter "we" or "simHEART")

and you as a customer.

1. Scope of Application

1.1 These General Terms and Conditions apply in the version valid at the time of the conclusion of the contract for all contracts you enter into with us.

1.2 Deviating, conflicting, or supplementary terms and conditions of the customer shall not become part of the contract unless we have expressly agreed to their validity in text form. This also applies if we provide the service unconditionally in knowledge of such conditions.

1.3 The special provisions in Part B apply additionally to the simulation software simHEART, and the special provisions in Part C of these GTC apply to the purchase of hardware. In case of contradictions, the special provisions take precedence over the general provisions.

1.4 Should individual provisions of these GTC be wholly or partially ineffective due to mandatory legal regulations, particularly consumer protection regulations, the remaining provisions shall remain valid.

2. Language of the Contract

The language of the contract is German.

3. Customer Group

3.1 Our products are aimed at both consumers and entrepreneurs.

3.2 A consumer is, according to § 13 BGB, any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity.

3.3 An entrepreneur is, according to § 14 BGB, a natural or legal person or a partnership with legal capacity that acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.

3.4 As far as these GTC provide special regulations for consumers or for entrepreneurs, these are expressly marked as such.

4. Conclusion of Contract

4.1 The presentation of the products in our online shop does not constitute a legally binding offer, but rather an invitation for you to make an offer.

4.2 By submitting the order, you make a binding offer to conclude a contract. You are bound to this offer for five working days.

4.3 The contract is concluded by our acceptance. Acceptance occurs by sending a confirmation of the order in text form, by activating access to the software, or by shipping the ordered goods.

4.4 We do not permanently store the contract text and do not make it available for retrieval after the order process is completed. You will receive a confirmation of the contract from us, including these GTC in text form. We recommend that you also save or print these documents.

5. Prices and Payment Terms

5.1 All prices stated are final prices including the applicable statutory sales tax for consumers. For entrepreneurs, the prices are net plus the statutory sales tax, unless expressly stated otherwise.

5.2 Any shipping costs will be displayed separately and transparently to you during the ordering process before you place your order.

5.3 For deliveries to countries outside the European Union, additional costs may arise that we are not responsible for and that you must bear, particularly customs duties, import taxes, and fees as well as costs of money transfer by financial institutions. Such money transfer costs may also arise if the delivery takes place within the European Union, but you make the payment from a third country.

5.4 Payment is available through our payment service provider Stripe as well as payment in advance via bank transfer. Which payment methods are available in individual cases will be displayed to you during the ordering process. Additional regulations are contained in Part B and Part C.

5.5 When paying in advance, we will provide you with our bank details with the order confirmation. The invoice amount is due for payment within 14 days of receipt of the order confirmation without deduction in this case.

5.6 You will be in default if payment is not received by us by the end of the payment period specified on the invoice. If no separate deadline is specified, you will be in default no later than 30 days after the due date and receipt of the invoice; this applies to consumers only if we have specifically pointed out this consequence in the invoice.

5.7 In the event of default, consumers owe default interest at a rate of five percentage points above the base interest rate. Entrepreneurs owe default interest on payment claims at a rate of nine percentage points above the base interest rate, as well as a flat fee of 40 euros, which will be credited against the costs incurred for legal enforcement. The base interest rate is set biannually by the Deutsche Bundesbank. The assertion of further default damages is reserved. You retain the burden of proof that no or lesser damage has occurred to us.

5.8 You are only entitled to offset if your counterclaim has been legally established, is undisputed, or has been acknowledged by us, or is in a close reciprocal relationship to our claim. A right of retention is only available to you due to counterclaims arising from the same contractual relationship.

6. Your Responsibility

6.1 You are solely responsible for the content and accuracy of the data and information you provide. You agree not to transmit any content that infringes the rights of third parties or violates applicable law.

6.2 You indemnify us from all claims that third parties assert against us due to such legal violations, including the costs of necessary legal defense. This does not apply to the extent that you are not responsible for the legal violation.

6.3 Not a medical device. The simulation software simHEART is not a medical device within the meaning of Regulation (EU) 2017/745 (MDR) and the Medical Devices Implementation Act (MPDG). The software is intended solely for training and educational purposes. It is not intended and not suitable for use in the diagnosis, prevention, monitoring, prediction, prognosis, treatment, or alleviation of diseases or for influencing the function of the human body. The parameters, curves, images, and results presented are simulated and may differ significantly from actual medical conditions. They are not suitable as a basis for medical decisions.

6.4 You agree to use our products only as intended. In particular, simHEART may not be used for actual medical diagnoses, therapy decisions, or other medical measures on humans. You indemnify us from all claims by third parties that arise from improper, abusive, or unlawful use of our products by you or from your area of responsibility, to the extent that you are responsible for this use.

6.5 Any use of our products is at your own risk. You must ensure in advance that the content and functions are suitable for your purposes. We do not guarantee specific training or learning outcomes.

7. Copyright and Usage Rights

7.1 All content of the simulation software simHEART as well as the materials published on our website are protected by copyright. This includes, in particular, texts, graphics, tables, algorithms, images, videos, software code, designs, and databases.

7.2 By acquiring our products, you receive only the contractually agreed usage rights. The specific scope is defined in Part B of these terms and conditions.

7.3 Any further use, especially modification, reproduction, distribution, or public performance, requires our prior explicit consent in text form.

7.4 You are not entitled to create derivative works from our products or to reverse engineer, decompile, or disassemble them. Mandatory legal rights, especially under §§ 69d and 69e of the Copyright Act, remain unaffected.

7.5 Copyright notices, author credits, and other legal reservations may not be removed or altered.

7.6 Certain materials provided by us, especially checklists, algorithms, and ECG infographics, are licensed under the Creative Commons license BY-NC 4.0 and may be used under its terms: https://creativecommons.org/licenses/by-nc/4.0/deed.de

8. Liability

8.1 We are fully liable for damages resulting from injury to life, body, or health, for intent and gross negligence, for fraudulently concealed defects, to the extent of a guarantee we have assumed, as well as under the provisions of the Product Liability Act.

8.2 In the case of slightly negligent violation of a significant contractual obligation, our liability is limited to the foreseeable, typical contractual damage at the time of contract conclusion. Significant contractual obligations are those obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose compliance you may regularly rely.

8.3 Otherwise, our liability is excluded.

8.4 The above liability limitations also apply in favor of our legal representatives and agents.

8.5 We do not guarantee the security of the content you create or transmit. You are responsible for making appropriate backup copies of your data. In the event of data loss for which we are responsible, our liability is limited to the effort that would have been required for recovery with proper data backup by you.

9. Data Protection

Die Verarbeitung Ihrer personenbezogenen Daten erfolgt ausschließlich im Rahmen der gesetzlichen Bestimmungen, insbesondere der Datenschutz-Grundverordnung (DSGVO) und des Bundesdatenschutzgesetzes (BDSG). Ausführliche Informationen finden Sie in unserer Datenschutzerklärung unter https://simheart.de/datenschutz

10. Final Provisions

10.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. If you are a consumer with a habitual residence in another state, the protection of mandatory provisions of the law there remains unaffected.

10.2 If you are a merchant, a legal entity under public law, or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contractual relationship is our business location. The same applies if you do not have a general place of jurisdiction in Germany or if your residence or habitual residence is not known at the time the lawsuit is filed. For consumers, the statutory places of jurisdiction apply.

10.3 For entrepreneurs, the place of performance is our business location, unless otherwise agreed.

10.4 We are neither legally obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board in the sense of § 36 VSBG.

10.5 We will inform you of changes to these terms and conditions at least six weeks before the planned effective date in text form and point out your right to object and the consequences of an objection. If you do not object by the effective date, the changes will be considered accepted. If you object, the contract will continue under the previous conditions. Changes to essential main performance obligations or the fees always require your explicit consent.

10.6 Should individual provisions of these terms and conditions be or become ineffective, the validity of the remaining provisions shall remain unaffected.

PART B: SPECIAL PROVISIONS FOR THE SIMULATION SOFTWARE simHEART

The following provisions apply in addition to Part A exclusively for the use of the simulation software simHEART.

1. Description of Services

1.1 simHEART is a web-based simulation platform (Software as a Service) for emergency medicine. simHEART simulates patient monitors, AEDs, BGAs, POCUS, telemedicine, and other medical devices for training and educational purposes. It is the continuous provision of a digital product within the meaning of §§ 327 ff. BGB.

1.2 simHEART is accessed via a web browser. Installation on your devices is not required.

1.3 simHEART is offered in various license packages. The current scope of services is available on our website; the scope specified in the order confirmation is binding.

1.4 Additionally, we provide checklists, algorithms, and ECG infographics for free download. These materials are licensed under the Creative Commons license BY-NC 4.0.

1.5 simHEART is available in several languages. The currently supported languages can be viewed on our website. Additional languages can be added free of charge upon request.

2. Conclusion of Contract and Registration

The conclusion of the contract takes place through our website. After registration and ordering, you will receive an order confirmation in text form, with which the contract comes into effect.

3. Prices, Payment, and Activation

3.1 The prices of the license packages and products are derived from our website and the order confirmation.

3.2 Payment can be made optionally via Stripe or in advance by bank transfer.

3.3 Access to the software will be activated after receipt of payment. We reserve the right to activate access beforehand in justified individual cases; there is no entitlement to this.

3.4 In case of abusive use of access, we are entitled to temporarily or permanently block it after prior warning. A warning is not required if it is unreasonable due to the severity of the violation. Further claims remain unaffected.

4. Duration and Termination

4.1 Licenses have a minimum contract duration of one year and are billed annually. Multi-year licenses are also available upon request.

4.2 Consumers: After the minimum contract duration has expired, the contract will be extended indefinitely. You can terminate it at any time thereafter with a notice period of one month.

4.3 Entrepreneurs: After the minimum contract duration has expired, the contract will be extended by one additional year unless it is terminated with a notice period of one month before the end of the respective term.

4.4 Termination is possible in text form, for example by email.

4.5 The right to extraordinary termination for important reasons remains unaffected for both parties.

4.6 In the case of a contract extension, the compensation is based on the price list that is valid two weeks before the time of the extension. We will inform you of price changes in a timely manner before the extension in text form.

5. Usage Rights

5.1 We grant you a simple, non-exclusive, non-transferable, and non-sublicensable right to use simHEART for the duration of the contract.

5.2 A license applies to one user and includes one monitor as well as the associated control view. The AED can be operated in parallel with a monitor. The license is tied to a login and can be used on an unlimited number of devices.

5.3 You are particularly not permitted to:

• duplicate, distribute, or make the software or parts thereof publicly accessible, except for internal use within your organization within the scope of the acquired licenses,
• rent, lend, or otherwise make the software available to third parties for use,
• share access data with third parties,
• remove or alter copyright notices, trademarks, or other legal reservations.

5.4 A fair use principle applies to the usage. Any use that exceeds the acquired license scope or the agreed organizational unit is not permitted.

5.5 Upon termination of the contract, all usage rights expire. You are obliged to cease using the software immediately.

6. Availability, Updates, and Technical Requirements

6.1 We provide simHEART with a high average availability throughout the year. Excluded are times when the software is not accessible due to maintenance work, system updates, force majeure, or other circumstances beyond our control. Scheduled maintenance work will be carried out, if possible, outside of regular usage hours.

6.2 During the contract term, we will provide you with the updates necessary to maintain the compliance of simHEART and inform you about them. New features and extensions are included in all active licenses at no additional cost.

6.3 The use requires a current web browser (recommended: Safari, Firefox, or Chrome) as well as a functioning internet connection. iPadOS 17 or higher is recommended for iPads. simHEART is also compatible with Android devices and can be installed as a web app on the home screen.

6.4 You are responsible for ensuring that your devices meet the technical requirements. Due to the variety of available devices, we cannot guarantee functionality on all devices. We recommend testing simHEART on your devices before purchasing a license; a free demo access is available upon request.

7. Telemedicine Module

7.1 The telemedicine module allows for the simulation of collaboration with a telemedicine practitioner. Transmissions of vital parameters and ECG are simulated. An integrated chat function allows text messages and images to be exchanged between participants.

7.2 For the participants and the simulated doctor, name, phone number, and qualifications can optionally be provided. The provision is voluntary; the fields can remain empty.

7.3 For audio and video calls, we only provide links to external communication services (currently WhatsApp and Signal). The communication itself is fully handled through these services; we do not provide our own infrastructure for this. Only the terms of use and privacy policies of the respective providers apply, which we have no influence over.

7.4 Upon the conclusion of a telemedicine session, all data entered during this session will be automatically and irrevocably deleted.

7.5 The module processes only simulated, fictional patient data. The transmission of real personal data, especially health data, is not intended and not permitted. If you still transmit such data, it is done at your own data protection legal responsibility.

8. Support

8.1 We provide support for technical questions and issues through the support area in the web app as well as via email. Support includes the acceptance, analysis, and resolution of program errors and issues, as well as answering specific questions about using the software.

8.2 Not included in support and to be agreed separately are: training, briefings, individual customizations, the creation of reports, and individual server configurations.

8.3 A user and setup manual is available to all users.

9. Liability for defects

9.1 The statutory provisions apply, particularly the §§ 327 ff. BGB regarding contracts for digital products.

9.2 You are aware that software cannot be created completely error-free according to the state of the art. An insignificant deviation from the agreed quality that does not or only slightly impairs use does not constitute a defect.

9.3 We ask you to report recognizable errors as soon as possible in text form or via the contact form so that we can rectify them promptly. For entrepreneurs, the obligation to investigate and give notice according to § 377 HGB applies additionally, as far as applicable.

9.4 Claims for defects against entrepreneurs expire one year from the statutory limitation period. Excluded from this are claims due to fraudulently concealed defects, claims from a guarantee, and claims for damages according to section 8.1 of part A.

10. Right of Withdrawal for Consumers

10.1 In the case of license agreements, we will begin providing the software only after you have expressly requested during the ordering process that we start fulfilling the contract before the withdrawal period expires, and you have confirmed that you are aware that your right of withdrawal expires upon full contract fulfillment. If you withdraw after the provision has begun, you owe compensation for the value of the period provided until the receipt of the withdrawal.

10.2 Consumers have the following right of withdrawal.

Withdrawal Information

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must contact us (simHEART GmbH, Steinbachergasse 15, 82487 Oberammergau, Germany, Email: office@simheart.de) by means of a clear statement (e.g., a letter sent by post or an email) informing us of your decision to revoke this contract. You may use the attached sample cancellation form for this purpose, but it is not mandatory.

To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period expires.

Consequences of the cancellation

If you revoke this contract, we will refund all payments we have received from you without delay and at the latest within fourteen days from the day on which the notification of your cancellation of this contract has been received by us. For this refund, we will use the same payment method that you used for the original transaction, unless something else has been expressly agreed with you; in no case will you be charged any fees for this refund.

If you requested that the provision of services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point at which you inform us of the exercise of the right of cancellation regarding this contract compared to the total scope of services provided for in the contract.

End of the cancellation instruction

Special note on the early expiration of the right of cancellation

Your right of cancellation expires early if we have fully provided the service and we only began to perform after you have given your explicit consent and at the same time confirmed your awareness that you lose your right of cancellation upon full performance of the contract by us.

PART C: SPECIAL PROVISIONS FOR THE PURCHASE OF HARDWARE

Die nachfolgenden Bestimmungen gelten ergänzend zu Teil A für den Kauf von Hardware, insbesondere im Rahmen des Complete-Pakets.

1. Subject of the Contract

1.1 Das Complete-Paket umfasst neben der Pro-Lizenz den Kauf von Hardware (SimCase inklusive 13-Zoll-iPad, 11-Zoll-iPad mit Schutzhülle, vollständiges Kabelset). Optional ist weiteres Zubehör erhältlich; das aktuelle Angebot ist auf unserer Website einsehbar. Verbindlich ist der in der Auftragsbestätigung genannte Leistungsumfang.

1.2 The software component included in this package is subject to Part B of these terms and conditions.

2. Delivery and Transfer of Risk

2.1 Delivery is made by shipping to the delivery address you provided. The shipping costs will be displayed to you during the ordering process.

2.2 For consumers, the risk of accidental loss and accidental deterioration passes to you or a designated recipient upon handover. For entrepreneurs, the risk passes upon handover to the carrier.

2.3 Delivery usually takes place within 7 working days, at the latest within 14 days after the conclusion of the contract and, in the case of agreed advance payment, after receipt of payment. In case of unavailability, we will inform you immediately.

3. Retention of Title

The delivered goods remain our property until full payment of the purchase price. For entrepreneurs, we retain ownership until all claims from the ongoing business relationship are fulfilled. You must handle the retained goods with care and inform us immediately of any access by third parties.

4. Activation and Apple ID

The iPads are delivered neither pre-configured nor activated. You are responsible for the activation. An Apple ID is required for this; you can use an existing one or create a new one. We accept no responsibility for the setup of the Apple ID and related costs, such as iCloud subscriptions. Support for initial setup is provided as part of the onboarding according to Section 7.

5. Safety Notice for the C3 Holder

The C3 mount is intended exclusively for stationary use. It has not been tested or approved for operation in moving vehicles and is not suitable for this purpose. The device may only be used or removed when completely stationary. Use in moving vehicles is not permitted.

6. Liability for defects

6.1 The statutory provisions apply. For consumers, the limitation period for claims for defects is two years from delivery.

6.2 For entrepreneurs, the limitation period is one year from delivery. Excluded from this are claims due to fraudulently concealed defects, claims from a warranty, and claims for damages under section 8.1 of part A.

6.3 For entrepreneurs, the obligation to inspect and give notice of defects according to § 377 HGB applies. If timely notification is not made, the goods are deemed approved.

6.4 Defects must be reported to us in text form, for example by email.

7. Onboarding

Buyers of the complete package can optionally order a personal online briefing to introduce them to the use of simHEART and the supplied hardware. Additionally, a user and installation manual is available.

8. Right of withdrawal for consumers

Consumers have the following right of withdrawal.

Withdrawal Information

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the last goods.

To exercise your right of withdrawal, you must inform us (simHEART GmbH, Steinbachergasse 15, 82487 Oberammergau, Germany, Email: office@simheart.de) of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email). You may use the attached sample withdrawal form for this purpose, but it is not mandatory.

To maintain the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the cancellation period expires.

Consequences of the cancellation

If you withdraw from this contract, we will refund you all payments we have received from you, including delivery costs (except for the additional costs arising from your choice of a delivery method other than the least expensive standard delivery offered by us), without delay and no later than fourteen days from the day on which we receive the notification of your withdrawal from this contract. For this refund, we will use the same payment method that you used for the original transaction, unless you have expressly agreed otherwise with us; in no case will you be charged any fees for this refund.

We may withhold the refund until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.

You must return the goods without delay and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this contract. The deadline is met if you send the goods before the fourteen-day period has expired.

You bear the direct costs of returning the goods.

You only have to bear the cost of any loss in value of the goods if this loss in value is due to handling them in a way that is not necessary for checking their nature, characteristics, and functioning.

End of the cancellation instruction

Sample Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and send it back.)

To: simHEART GmbH Steinbachergasse 15 82487 Oberammergau Germany E-Mail: office@simheart.de

I/we hereby withdraw () 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 the consumer(s)

Address of the consumer(s)

Signature of the consumer(s) (only for notification on paper)

Date

(*) Please cross out as applicable.

Status: August 2026