Terms and Conditions (AGB)

This English version is a courtesy translation provided for convenience. Only the German version is legally binding.

for the use of the platform Second-View.eu
Version: November 2025

1) Subject matter of the contract and role of the platform

1.1 Operator

The internet platform www.second-view.eu (hereinafter the “Platform”) is operated by: Q-Rad GmbH, represented by Dr. med. Igor Toker

1.2 Purpose of the Platform

Through the Platform, patients (“Users”) can submit medical documents to licensed and board-certified specialist physicians (“Specialists”) in order to obtain a written medical second opinion.

1.3 Delineation of responsibilities

The Platform provides technical infrastructure only (data transmission, encrypted communication, case management, payment processing via Stripe). It does not itself provide any medical services. The medical treatment contract is concluded exclusively between the User and the Specialist.
The Platform is not a party to that contract and assumes no medical responsibility whatsoever.

1.4 Limits of the service / safety notices

The second opinion is based exclusively on the submitted documents and does not replace:

• a personal medical examination,
• an initial diagnosis,
• any therapy,
• emergency care.

The second opinion is not suitable for acute or life-threatening symptoms. In the event of acute symptoms, Users must seek medical help immediately or contact the emergency services. The medical responsibility for the content, quality, and completeness of the second opinion lies exclusively with the treating Specialist.

2) Use of the Platform

2.1 Requirements

To use the Platform, Users must:

• agree to these Terms and Conditions,
• agree to the Privacy Policy

and be of legal age.

2.2 Obligations of Users

Users undertake:

• to provide complete, correct, and up-to-date information,
• to submit only documents they are authorized to share,
• to ensure that uploaded files are free of malware.

The Platform is not liable for delays or incorrect assessments resulting from incomplete or inaccurate information.

2.3 Prohibited use

The following in particular are prohibited:

• uploading third-party patient data without consent,
• unlawful or abusive use,
• technical manipulation.

3) Ordering, conclusion of contract, and payment processing

3.1 Order / offer

By completing the order process (“Order with obligation to pay”), Users submit a binding offer to conclude a treatment contract with the selected Specialist.
The Platform acts solely as a technical intermediary.

3.2 Acceptance / rejection by Specialists

Specialists review the documents and may accept the order or reject it without stating reasons.

3.3 Payment / refund

In the event of rejection, no service is provided.
Any fees already paid are automatically refunded in full via Stripe.

3.4 Remuneration for the medical service

The remuneration:

• is set by the Specialists on their own responsibility,
• is generally based on the German medical fee schedule (GOÄ).

Payment is made via Stripe directly to the respective Specialist's Stripe account.
The Platform never has access to Users' funds at any time.

3.5 Platform fee

Specialists pay a separate platform fee to the operator for each case.
Users do not pay a platform fee.

3.6 Fulfillment of the medical service

The service is deemed to have been provided once the written second opinion has been made available in the patient portal.
Technical retrieval problems on the User's side do not affect fulfillment.

The second opinion is generally made available within 7 days of the Specialist's acceptance of the order (non-binding indication).

Payment processing is handled by the payment service provider Stripe. The transaction fees charged by the payment service provider in the course of payment processing are borne by the respective Specialist and withheld from the payout amount. The platform fee charged by the Platform constitutes a separate charge independent thereof.

4) Withdrawal

4.1 Right of withdrawal

Users have a statutory right of withdrawal of 14 days pursuant to Sections 312g, 355 of the German Civil Code (BGB).

4.2 Expiry of the right of withdrawal

The right of withdrawal expires if Users:

• expressly request that the Specialist begin performing the service before the end of the withdrawal period, and
• confirm that they lose their right of withdrawal once the service has been performed in full.

5) Liability

5.1 Medical content

The Platform assumes no liability for the content, quality, completeness, or accuracy of the medical second opinion.
The treating Specialist alone is responsible for this.

5.2 Liability of the Platform

The Platform is liable:

• in cases of intent and gross negligence,
• in cases of breach of essential contractual obligations (cardinal obligations), but only for the foreseeable damage typical of the contract.

Any further liability — in particular for slight negligence — is excluded to the extent permitted by law.

5.3 Technical availability

The Platform is not liable for technical malfunctions, server outages, maintenance periods, or data loss, unless caused by intentional or grossly negligent conduct.

5.4 Professional liability insurance and obligations of Specialists

During the onboarding process, Specialists bindingly confirm:

• that they hold valid professional liability insurance,
• that this insurance covers telemedicine services,
• that all statutory and professional-law requirements are met.

The responsibility for the existence and maintenance of this insurance coverage lies solely with the Specialists.
The Platform does not carry out any independent substantive review of the insurance documents.

6) Data protection

6.1 Legal basis

Personal and medical data is processed in accordance with the GDPR, in particular Art. 6 (1) (a) and Art. 9 (2) (a).

6.2 Data transmission

Medical documents are transmitted in encrypted form and shared exclusively with the responsible Specialist.

6.3 Storage location / service providers

Data is stored exclusively in the EU (e.g. Hetzner).
External technical service providers (e.g. Stripe, Resend, storage providers) are involved only to the extent necessary.

6.4 Deletion

Data is deleted after expiry of statutory retention periods, unless further consent has been given.

7) Suspension, termination, and end of contract

7.1 Suspension

The Platform may suspend Users in the event of violations of these Terms and Conditions.

7.2 Termination of the user agreement

The user agreement may be terminated at any time.
Treatment contracts with Specialists that already exist remain unaffected.

7.3 End of the treatment contract

The treatment contract ends automatically once the second opinion has been made available.

8) Final provisions

8.1 Severability

Should any provision of these Terms and Conditions be invalid, the validity of the remaining provisions shall remain unaffected.
The invalid provision shall be replaced by the statutory provision that comes closest to its economic purpose.

8.2 Applicable law

The law of the Federal Republic of Germany applies.

8.3 Place of jurisdiction

For contracts with consumers, the statutory places of jurisdiction apply.
For contracts with entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), the place of jurisdiction is — to the extent permissible — the registered office of Q-Rad GmbH.