1. Provider and scope
Flectas is provided by McDougall Digital GmbH, Große Gallusstraße 14, D-60315 Frankfurt, Germany, represented by managing director Kyluke McDougall, registered with the Local Court of Frankfurt am Main under HRB 141999. Contact: hey@mcdougall-digital.de; telephone: +49 (0)69 989 727 - 347.
Our offer is intended exclusively for businesses within the meaning of section 14 of the German Civil Code (BGB), acting in their trade, business or self-employed professional capacity. The contracting customer is the registered practice, organisation or self-employed individual. Anyone creating an account for an organisation must be authorised to do so. Individually agreed terms take precedence over these terms.
2. Contract formation and contract documents
The information on our website is not a binding contractual offer. A service contract is formed through the agreed provision of an organisation account following registration or through an individual order confirmation. These terms form part of a contract only if validly incorporated; merely visiting the website is insufficient.
Paid services require the express selection and confirmation of a subscription. Purchases through the App Store are also subject to the contractual and payment terms displayed there before purchase. The app licence is governed by the licence agreement identified in the App Store, which may be Apple’s Standard EULA. These terms supplement that agreement for our Flectas services; they do not amend any agreement with Apple.
3. Services and technical requirements
Flectas supports practice organisation, patient data management, and recording training and treatment documentation. Available features, user allowances and usage limits are those of the offer selected when the contract is formed. Announced features that have not yet been released are included only if expressly agreed.
The app requires compatible devices, a supported operating system version and an internet connection. Reliable storage on the server is not possible without a connection. Users must pay attention to save status and error messages. A particular availability or response time is promised only under a separate agreement. Statutory service obligations and remedies for defects remain unaffected.
4. Accounts and permitted use
The organisation manages its authorised users and their access rights within the selected plan. Login details must be kept confidential, and access must be removed when a person leaves. Suspected unauthorised access or security problems must be reported to us without undue delay.
Unlawful content, infringement of third-party rights, bypassing access protection or plan limits, and deliberate disruption of the service are prohibited. Actions permitted by mandatory law, including applicable rights to analyse software and achieve interoperability, remain permitted. Authorised employees and contractors of the organisation may use the service within the selected plan.
5. Professional responsibility and patient data
Flectas does not provide treatment and does not replace professional diagnosis, treatment decisions or personal supervision. Treating professionals must check records, calculations, templates and any expressly enabled AI drafts for accuracy and suitability before using them professionally. No particular treatment outcome is promised.
The practice remains responsible for lawful processing, completeness, correction, documentation and statutory retention of its treatment records, particularly under section 630f BGB. It must arrange a suitable procedure for service outages. This does not reduce our own contractual obligations to provide the service and protect data. Using Flectas alone is not a blanket assurance that the practice meets all professional or healthcare requirements.
6. Privacy, confidentiality and data processing
When we process patient data on behalf of the practice, the practice remains the data controller and we act as a processor. Before real patient data is entered, a data processing agreement under Article 28 GDPR must be concluded, covering technical and organisational measures and subprocessors. These terms and the privacy notice do not replace that agreement.
The practice must identify an appropriate legal basis under Article 6 and, for health data, Article 9 GDPR and meet its transparency obligations. Consent is not invariably required for every processing operation connected with treatment. Where consent is actually the legal basis, valid consent must be obtained. Both parties protect confidential information and observe applicable professional secrecy obligations. Our privacy notice explains processing for which we act as a controller.
7. Software and content rights
For the contract term, the organisation receives a non-exclusive right to use the Flectas services within the agreed scope. Rights in the software, design and our own materials remain with us or the relevant rights holders. We receive only the rights in submitted content needed to provide, store and process it under the contract. This does not grant general permission to use patient data for advertising, sell it or train AI models.
8. Prices, subscriptions and trial offers
The total price, billing period and service scope displayed before purchase apply. Monthly subscriptions are billed monthly and annual subscriptions annually in advance. A monthly comparison figure for an annual subscription does not mean that payment is taken monthly.
App Store subscriptions are billed by Apple and renew under the validly agreed Store terms until ended. Trials apply only when offered in the particular purchase flow; duration, eligibility and subsequent price are displayed there. Plan changes and price changes follow the expressly confirmed selection and applicable legal and Store requirements. These terms do not authorise arbitrary unilateral price increases.
9. Cancellation, refunds and account deletion
App Store subscriptions can be ended through subscription management in the Apple account used for purchase. The end date displayed there applies unless a more extensive right applies. Apple’s German terms also allow immediate cancellation at any time with a pro rata refund through Apple Support. These rights and any other contractual or statutory refund or withdrawal rights remain unaffected.
The purely business contract with us generally does not carry a statutory consumer withdrawal right. Both parties retain their statutory right to terminate for good cause. Notices to us may be given in text form, for example by email. Deleting the app or the Flectas account does not by itself end an Apple subscription. Please also manage the subscription with Apple.
10. Data return, switching providers and contract end
Please arrange transfer of your data and continued retention of necessary treatment records before the contract ends. Return and deletion of data processed on behalf of a practice follow the data processing agreement, documented instructions and legal obligations. Cancellation is not a blanket instruction to immediately delete patient records subject to retention duties.
Mandatory rights to access data, transfer data and switch providers, particularly under Chapter VI of Regulation (EU) 2023/2854 (the Data Act), are not restricted by plan terms or these conditions. Where those rules apply, the specific switching procedure, data categories, formats, time limits and permissible charges must be set out before contract formation in an agreement that can be saved. Continued long-term archiving after the contract ends is included only if expressly agreed.
11. Maintenance, changes and defects
We may provide necessary security updates, bug fixes and reasonable technical adjustments provided that the agreed service scope is maintained. We give reasonable advance notice of planned material interruptions. Material reductions in service or additional payment obligations require a valid contractual basis.
Please report problems with an understandable description and without unnecessary health information. Statutory remedies for defects apply, including any applicable price reduction, termination and damages subject to section 13. These terms do not impose a blanket exclusion of remedies for defects or require customers to seek remedies exclusively from Apple.
12. Temporary suspension
For specific security threats or material contractual breaches, we may temporarily suspend the affected access only to the extent necessary. Where reasonable, we give prior notice and an opportunity to remedy the issue. Immediate suspension may be appropriate particularly when patient data or the service faces an acute threat. We consider both parties’ interests and lift the suspension once its cause is resolved. Valid rights to data return and data subject rights remain unaffected.
13. Liability
Our liability is unlimited for intent and gross negligence, culpable injury to life, body or health, fraudulent concealment of a defect, and to the extent of any expressly assumed guarantee. Mandatory statutory liability, particularly under the German Product Liability Act and the GDPR, remains unaffected.
For ordinary negligence, we are liable for breach of an essential contractual obligation whose performance makes proper performance of the contract possible and on which the organisation may ordinarily rely; that liability is limited to damage typical of the contract and foreseeable at contract formation. Liability for ordinary negligence is otherwise excluded. The exceptions in the first paragraph always apply. These provisions apply correspondingly to our legal representatives and persons engaged to perform our obligations.
14. Amendments and final provisions
A new version of these terms applies to existing contracts only through a valid agreement or on a statutory basis. Silence or continued use alone does not constitute consent to contractual amendments.
Our contract is governed by German law, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory legal provisions remain applicable. Statutory rules determine the competent courts. If a provision is invalid or does not form part of the contract, the consequences follow section 306 BGB; statutory rules take its place. This English version is a translation. Where interpretations differ, the German version prevails to the extent legally permitted.