Imprint & legal notices

1. Imprint / Disclosure

Information pursuant to § 5 of the Austrian E-Commerce Act (ECG) and disclosure pursuant to § 25 of the Austrian Media Act (MedienG):

Author:

Dr. Felizian Lackner

Contact:

Email: office@urolotse.at

Business purpose: Development and marketing of support software in the medical field

Basic orientation of the medium (§ 25 (4) MedienG): Specialist information for medical professionals in the field of urology, in particular reproduction and summary of urological guidelines for continuing education and reference purposes.

Online dispute resolution: The provider is neither obliged nor willing to take part in dispute resolution proceedings before a consumer arbitration body.

2. Intended purpose of the application

This application (“app”) is a digital reference work for medical professionals, in particular for doctors in training and in practice in the specialty of urology. It presents summarised content from medical guidelines and specialist literature for information and continuing education purposes.

The app:

• is intended exclusively for healthcare professionals within the meaning of § 50 of the Austrian Medicinal Products Act (AMG);
• does not serve the diagnosis, prevention, monitoring, prediction, prognosis, treatment or alleviation of disease in individual patients;
• does not perform patient-specific calculations or automated treatment recommendations;
• is therefore not a medical device within the meaning of Regulation (EU) 2017/745 on medical devices (MDR) and does not bear a CE marking as such.

Should functions be added in future versions that go beyond the mere provision of information (e.g. calculators, patient-specific decision support), a new regulatory assessment will be carried out before they are made available.

3. User group and access requirement

Use of the app requires that the user is a healthcare professional. By confirming the notice dialogue at first launch, the user declares that they are a healthcare professional. The app is not intended for patients or medical laypersons. Content of the app must not be used as a basis for self-diagnosis or self-treatment.

4. Content, sources and currency

The content of the app is based on published medical guidelines, namely the guidelines of the European Association of Urology (EAU) and the S3 guidelines of the German Guideline Programme in Oncology (Leitlinienprogramm Onkologie, AWMF), and on relevant specialist literature. The content is prepared with the greatest possible care and revised at regular intervals.

Nevertheless, the following applies:

• No guarantee is given for the accuracy, completeness and currency of the content.
• Medical knowledge is subject to continuous development; guidelines are regularly updated, amended or withdrawn. There may be delays between the update of the original source and the update of the app.
• The current original guidelines, the current summary of product characteristics (SmPC) of the respective medicinal product and the recognised state of medical science are always authoritative.
• Information on dosages, forms of administration, contraindications and interactions must be checked by the user on their own responsibility against the original sources before every use. This applies in particular to rarely used medicinal products, off-label use and special patient groups (e.g. renal insufficiency, pregnancy, children).

The date of the underlying guideline version is shown in the app wherever possible.

5. Personal responsibility of the treating doctor

The content of the app does not constitute medical advice, a diagnosis or a treatment recommendation for the individual case. Every diagnostic and therapeutic decision, including the selection, dosage and use of medicinal products and medical devices, lies solely within the responsibility of the treating doctor.

Use of the app does not release the user from the medical duty of care, in Austria in particular under § 49 ÄrzteG 1998 (treatment in accordance with medical science and experience), or from comparable obligations under professional law in other member states of the European Union. Guidelines are aids to decision-making; they can and must be departed from in justified individual cases.

6. Exclusion of liability

6.1. The provider is liable, on whatever legal grounds, only for damage caused by intent or gross negligence on the part of the provider or its vicarious agents. In the case of slight negligence, liability is excluded to the extent permitted by law.

6.2. The above limitations do not affect mandatory statutory liability, in particular liability for injury to life, body or health resulting from a breach of duty for which the provider is responsible, and any liability under the Austrian Product Liability Act (PHG).

6.3. In particular, the provider is not liable for:

• damage resulting from diagnostic or therapeutic decisions taken on the basis of the content of the app (treatment decisions lie solely with the treating doctor, see point 5);
• damage from the use of outdated, incomplete or incorrect content, unless there is intent or gross negligence on the part of the provider;
• damage from use of the app by persons who are not healthcare professionals;
• the uninterrupted availability, freedom from errors or compatibility of the app with all devices and operating system versions;
• indirect damage, consequential damage or loss of profit, to the extent permitted by law.

6.4. The above limitations of liability also apply in favour of the provider’s employees, representatives and vicarious agents.

7. Copyright and rights of use

7.1. The app and its editorial content, structures, graphics and software are protected by copyright. All rights, in particular the rights of reproduction, distribution and making available to the public, remain with the provider or the respective rights holders.

7.2. The underlying guidelines are works of the respective publishing professional societies, the European Association of Urology (EAU) and the German Guideline Programme in Oncology (Leitlinienprogramm Onkologie, AWMF/DKG/DKH), including the German Society of Urology (Deutsche Gesellschaft für Urologie). Their rights remain unaffected.

7.3. The user receives a non-exclusive, non-transferable right to personal, professional use of the app content. Any further reproduction, distribution, public communication or adaptation, even in part, requires the prior written consent of the provider.

8. Data protection

Reference is made to the separate privacy policy.

In the app it is under “More” → “Privacy policy” and can also be reached from the sign-in, lock and purchase screens.

9. Changes

The provider reserves the right to change or supplement the content and functions of the app and these legal notices at any time, or to discontinue the app. Material changes to the legal notices will be announced in the app and must be confirmed again if use continues.

10. Applicable law and place of jurisdiction

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the user has their habitual residence remain unaffected (Art. 6 Rome I Regulation). To the extent permitted by law, the place of jurisdiction is the District Court of Innsbruck (Bezirksgericht Innsbruck), Austria.

11. Severability clause

Should individual provisions of these legal notices be or become invalid, the validity of the remaining provisions remains unaffected. Otherwise, reference is made to the statutory provisions.

General Terms and Conditions

The General Terms and Conditions for the subscription are available. They are provided by the provider, and reference is made to them here.

Right of withdrawal

Withdrawal and refunds are handled in accordance with the applicable Apple terms.