Terms and Conditions

These terms apply to all contracts between PocketAid GmbH and its customers regarding the provision of the PocketAid modules.

1. Scope

These terms apply to all contracts for the provision of software as a service (SaaS) by PocketAid GmbH. They are primarily addressed to entrepreneurs within the meaning of § 1 of the Austrian Commercial Code. Where a contract is exceptionally concluded with a consumer within the meaning of the Austrian Consumer Protection Act, for instance for individual student licences, mandatory consumer protection provisions take precedence; see in particular clause 11. Deviating terms of the customer only become effective if we agree to them in writing.

2. Subject matter

We provide the contractually agreed modules for use over the internet. The modules support medical and administrative workflows. They do not make medical decisions: every AI suggestion must be reviewed and approved by qualified personnel (human-in-the-loop). Medical responsibility remains entirely with the customer.

3. Conclusion of contract

The presentation of modules and plans on this website is not a binding offer but an invitation to enquire. A contract is only concluded upon our express order confirmation or upon activation of access.

4. Free trial

PocketAid AI Basis can be tested free of charge for four weeks (28 days). No payment details are required to start; signing up for the trial does not create a paid contract. Three days before the trial ends we send an email containing a personal link through which you decide whether to continue. What governs the deadline is the dispatch of that email and not the calendar: if it goes out late, the trial is extended accordingly, and if it is not sent at all, the trial does not end. If you provide a means of payment via the link and confirm the transition, use continues on the day after the last free day as a paid subscription at the price stated in each case; that subscription is cancellable monthly and has no minimum term, and the first debit is made on the first chargeable day. If you do not confirm, access ends automatically when the trial expires, nothing is debited and no cancellation is required. The link remains valid for fourteen days beyond the end; anyone who uses it within that period regains access. The trial is granted once per customer. For consumers, the right of withdrawal under clause 11 remains unaffected.

5. Scope of services and availability

The specific scope of services follows from the selected plan and the order confirmation. We endeavour to ensure high availability. Announced maintenance windows and outages beyond our control are excluded. We continuously develop the modules further; functions may change provided the agreed purpose is preserved.

6. Prices and payment

The amounts shown on the pricing page are net in euros plus statutory VAT. Individual plans are quoted gross instead; this is expressly marked as “incl. VAT” on the plan concerned. For PocketAid AI Basis the stated gross price includes 20 % Austrian VAT; this gross price is identical throughout Austria, Germany and Switzerland, there is no country-dependent price scaling. Unless otherwise agreed, fees are invoiced or debited monthly in advance and are due for payment without deduction within 14 days of receipt of the invoice. No bundle discounts are granted for combining several modules.

7. Term and termination

The term follows from the selected plan and the order confirmation. Contracts without an agreed minimum term, in particular PocketAid AI Basis and Pro, run for an indefinite period and may be terminated by either party with one month’s notice to the end of the month. For plans with a minimum term, namely PocketAid Ortho, PocketAid Motion and the practice integration (12 months each), ordinary termination is possible at the earliest at the end of the minimum term. If no notice is given, the contract continues for an indefinite period at the regular monthly price and may from then on be terminated monthly to the end of the month; no new minimum term arises. The free month for PocketAid AI Basis is granted once per customer. The right to extraordinary termination for good cause remains unaffected.

8. Customer obligations

The customer undertakes to keep access credentials confidential, to use the software as intended, to comply with applicable professional law (in particular the Austrian Medical Act and the MTD Act) and to ensure the legal bases required for data processing vis-à-vis the data subjects.

9. Data protection

Insofar as we process personal data on behalf of the customer, the parties shall conclude a data processing agreement pursuant to Art. 28 GDPR. Customer data is not used to train general AI models.

10. Warranty and liability

The statutory warranty provisions apply. We are liable without limitation in cases of intent and gross negligence and for injury to life, body or health. In cases of slight negligence we are liable only for the breach of material contractual obligations and limited in amount to the foreseeable damage typical for this type of contract. We are not liable for the consequences of medical decisions taken on the basis of an unreviewed AI suggestion.

11. Right of withdrawal for consumers

Consumers within the meaning of the Austrian Consumer Protection Act have the right to withdraw from this contract within fourteen days of its conclusion without giving any reason. To exercise it, an unambiguous statement within the deadline suffices (e.g. an email to office@pocketaid.app); sending the statement before the deadline expires is sufficient. In the event of withdrawal we will refund all payments received without delay, and at the latest within fourteen days of receiving the withdrawal notice, using the same means of payment. If you expressly request that we begin providing the service before the withdrawal period expires, you owe a proportionate amount for the service provided up to that point; a free month granted during the period is disregarded. The right of withdrawal lapses early if the service has been fully provided with your express consent and acknowledgement of that lapse.

12. Final provisions

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is the competent court in Kufstein. Should any provision be invalid, the validity of the remaining provisions remains unaffected.