mediMESH is a web-based platform developed and operated by mediMESH GmbH, Otto-Hahn-Straße 2, 39106 Magdeburg, Germany. The platform is designed for professionals and experts in the healthcare sector, facilitating the exchange and dissemination of medical knowledge, advice, and opinions. mediMESH consists primarily of a video platform for imparting medical skills and procedural knowledge in the healthcare sector (mediMESH.app) and a section for digital healthcare surveys (ratemy.mediMESH.app).
These Terms of Use apply to all users who utilize or contribute to the services offered by mediMESH. Users can access, download, save, and print these Terms of Use at any time in the app under their profile.
The contracting party for users is mediMESH GmbH, Otto-Hahn-Straße 2, 39106 Magdeburg, Germany. Further information about us can be found in the legal notice on our website at www.mediMESH.de/impressum.
2.1 Access to mediMESH requires user registration. Registration is free of charge. However, certain functions or services within mediMESH may be subject to fees. There is no entitlement to access mediMESH. Only individuals who are fully legally competent and possess expertise in at least one field of medicine or healthcare may become users.
2.2 To register, users must follow the registration process available at https://www.mediMESH.app or https://ratemy.mediMESH.app. The required registration data must be provided completely and truthfully. Pseudonyms or nicknames may only be used for the profile name or username. The user’s account becomes legally effective once the registration process is fully completed.
2.3 During registration, the user selects a personal profile name and password. The profile name must not infringe upon third-party rights, name or trademark rights, or public decency. Users are required to keep their password confidential and must not share it with third parties.
2.4 mediMESH GmbH reserves the right to request appropriate documents from users to verify their identity and the accuracy of the provided data. If such proof is not provided or is insufficient, mediMESH GmbH may reject or delete the respective account. Despite these measures, mediMESH GmbH cannot guarantee the accuracy of user-provided information and assumes no liability for it.
2.5 Users are responsible for updating their personal information in case of changes. All changes can be made online via the user account after logging in.
2.6 By completing the registration process, the user submits an offer to conclude a contract for the use of mediMESH. mediMESH GmbH accepts this offer by sending a confirmation email to the email address provided by the user during registration.
2.7 Users must keep their passwords confidential and must not disclose them to third parties. If a user becomes aware that third parties have gained knowledge of or are using their password, they must immediately change the password or notify mediMESH without delay.
3.1 The user is obligated to provide truthful and accurate information during registration and throughout the subsequent contractual relationship, particularly regarding their expertise, education, professional occupation, qualifications, and any awards. The user shall promptly update any changes to this information in their mediMESH profile.
3.2 The user is prohibited from posting any content on mediMESH that violates legal regulations, administrative orders, or public decency. Furthermore, the user may not upload any content that infringes upon third-party rights, in particular copyright or trademark rights.
3.3 The user guarantees that they hold all necessary rights to the content they upload and do not violate any third-party rights. mediMESH provides users with templates for consent declarations upon request as a non-binding guideline. However, mediMESH assumes no liability or warranty for their legal validity or completeness. It is the sole responsibility of the user to ensure compliance with all necessary legal requirements and, if necessary, to obtain a legal review by third parties. The user ensures that they have obtained
3.4 mediMESH GmbH does not, under any circumstances, adopt third-party content as its own.
3.5 mediMESH GmbH reserves the right to block third-party content if such content is deemed unlawful under applicable laws or is clearly intended to facilitate unlawful activities.
3.6 The user shall indemnify mediMESH GmbH against any claims asserted by third parties due to rights violations or legal breaches resulting from content uploaded by the user. The user shall also bear all legal defense costs incurred by mediMESH GmbH, including court and attorney fees.
3.7 The user shall refrain from any actions that may endanger or disrupt the functionality of mediMESH and shall not access data to which they are not authorized. The user is obligated to compensate mediMESH GmbH for any damages resulting from non-compliance with these obligations and to indemnify mediMESH GmbH against all third-party claims, including attorney and court costs, arising due to the user’s breach of these obligations.
3.8 When participating in surveys on ratemy.mediMESH.app, the user shall apply their expertise and answer the given questions to the best of their knowledge and ability. The user shall only participate in surveys that correspond to their field of expertise. On the video platform mediMESH.app, the user shall only publish videos with a medical background that serve an informational or educational purpose.
3.9 The user is entitled to decline projects. The user is obligated not to participate in any project that would expose them to a conflict of interest or require them to violate confidentiality or non-disclosure obligations.
3.10 Without prior authorization from mediMESH GmbH, the user is not permitted to transfer or share their mediMESH account with third parties. The user is responsible for maintaining the confidentiality of their login credentials, including their password. The use of the account by employees of the user or other persons subject to the user’s authority is permitted, provided that the use aligns with the intended purpose of mediMESH.
3.11 The user shall not publicly disclose non-public clinical studies, FDA processes, or any other confidential knowledge related to clinical trials via mediMESH. The user is also prohibited from providing medical consultations through mediMESH.
4.1 Any user who uploads content to mediMESH grants mediMESH GmbH a perpetual, non-exclusive right to use such content to provide the services available via mediMESH. This usage right specifically includes:
If a user wishes to exclude the use of their internal content for analysis or optimization purposes, they may do so by providing written notice to mediMESH. For particularly sensitive processes or confidential content, a separate Non-Disclosure Agreement (NDA) may be concluded with mediMESH. In such cases, the individually agreed conditions outlined in the NDA will apply, including any deletion periods or additional access restrictions.
4.2 The user further grants mediMESH GmbH the right to modify the content provided by the user, particularly to anonymize it (if not already done), adjust it to meet required format specifications, improve its display quality, or adapt it to future new formats.
mediMESH reserves the right to continue using anonymized content even after the termination of the user agreement, provided that a subsequent association with a specific individual is no longer possible.
4.3 Users who participate as experts in surveys agree that the survey results, their individual contributions, and their name may be shared with the survey’s commissioning entity. The commissioning entity may use this information in accordance with the intended purpose of the survey.
5.1 mediMESH GmbH reserves the right to amend these Terms of Use as necessary. Users will be notified of such changes at least four weeks before they take effect via email. Users have the right to object to the amended terms within four weeks of being informed about the intended changes. In the notification email, mediMESH GmbH will explicitly inform users of their right to object and the consequences of remaining silent.
5.2 mediMESH GmbH also reserves the right to modify the services offered through mediMESH or to introduce alternative services, provided that such changes are reasonable for the user.
mediMESH GmbH does not guarantee the continuous availability of mediMESH or the services offered through the platform. mediMESH GmbH expressly reserves the right to discontinue mediMESH or any of its services, in whole or in part, or to restrict their availability without prior notice, provided there is a valid reason for doing so.
7.1 mediMESH GmbH is fully liable for willful misconduct and gross negligence. However, in cases of slight negligence, liability is limited to breaches of essential contractual obligations. In such cases, liability is restricted to damages that are foreseeable and typical for the type of contract.
7.2 mediMESH GmbH assumes no liability for disruptions within the network infrastructure that are beyond its control.
7.3 mediMESH GmbH is only liable for data loss in accordance with the above provisions if such loss could not have been avoided through reasonable data backup measures undertaken by the user.
7.4 Liability does not extend to impairments of the contractual use of mediMESH services caused by improper or incorrect usage by the user.
7.5 The aforementioned limitations of liability also apply accordingly to the agents and representatives of mediMESH GmbH.
7.6 If mediMESH GmbH provides links or references to external databases, websites, or services operated by third parties (e.g., through hyperlinks), mediMESH GmbH assumes no liability for the accessibility, existence, security, or content of such external resources. In particular, mediMESH GmbH is not liable for the legality, accuracy, completeness, or timeliness of third-party content.
7.7 mediMESH GmbH assumes no liability for data protection violations caused by users. The user bears full responsibility for any breaches of data protection laws and shall indemnify mediMESH GmbH against all claims asserted by third parties in this regard. If mediMESH performs anonymization as a paid service, its liability is limited to cases of willful misconduct or grossly negligent anonymization errors and does not extend to unintentional or technical errors.
8.1 During the contractual relationship with mediMESH GmbH, the user may gain access to personal data, including health data of mediMESH GmbH’s clients, and/or confidential information related to mediMESH GmbH. The user irrevocably undertakes to maintain absolute confidentiality regarding all such information and shall neither disclose it to third parties nor use it for any purposes outside the scope of the relevant mediMESH project.
8.2 If it becomes necessary to disclose confidential information to a third party, such as an employee, this may only occur with prior agreement from the other party and only with their explicit consent.
8.3 Confidential information within the meaning of this agreement includes, in particular, all personal data, technical and non-technical information, information concerning involved persons or companies, trade secrets, know-how, and operational processes of mediMESH GmbH.
8.4 The user is fully liable for any misuse or disclosure of confidential information that violates this agreement.
8.5 If the user is required by law or a court order to disclose confidential information to third parties, they must immediately notify mediMESH GmbH in writing as soon as they become aware of this obligation.
8.6 The confidentiality obligation remains in effect permanently, even after the termination of the contractual relationship.
9.1 Both mediMESH GmbH and the user shall comply with the applicable data protection regulations and laws in Germany, particularly those governing the sensitive healthcare sector. Details regarding data protection at mediMESH GmbH are outlined in separate data protection policies.
9.2 With regard to digital surveys in the healthcare sector (ratemy.mediMESH.app), the user must maintain confidentiality towards third parties regarding their participation in a survey, the content of the survey, their responses, and the identity of the survey initiator. The confidentiality standards set forth in Section 8 shall apply accordingly.
9.3 For oral digital surveys conducted via ratemy.mediMESH.app, mediMESH GmbH records the discussions using the Microsoft Teams application and provides a live transcription of the conversation in written form. To ensure the legal compliance of such recordings under data protection laws, participants’ consent must be obtained and documented before the recording begins. The user shall carry out this process in accordance with the guidelines attached as Annex 1 to these Terms of Use.
9.4 If mediMESH GmbH publishes content on the video platform (mediMESH.app) that includes patients’ images or voices, these videos will be anonymized before publication. This means that any identifying elements of the patient will be obscured through editing of the raw video material.
9.5 If a user publishes content on the video platform (mediMESH.app) that includes patients’ images or voices, the user is solely responsible for ensuring that such videos are published only in an anonymized form. The identifying elements of the patient must be obscured through editing of the raw video material before publication.
If the user lacks the technical means to anonymize the video content, they must engage mediMESH GmbH to perform the anonymization as a paid service. The associated costs will be transparently communicated in advance.
9.6 mediMESH GmbH reserves the right to review and remove uploaded content if it is clearly insufficiently anonymized. However, mediMESH GmbH does not conduct a systematic review of all uploaded content and assumes no liability for defective anonymization carried out by the user.
10.1 The user relationship under these Terms of Use is concluded for an indefinite period. It begins upon the successful registration of the user.
10.2 The user may terminate the user relationship at any time without observing a notice period. mediMESH GmbH may terminate the user relationship with one month’s notice, effective at the end of the month.
10.3 mediMESH GmbH has the right to terminate the user relationship without notice for good cause. Good cause for mediMESH GmbH shall exist in particular if the user violates the provisions of these Terms of Use and fails to remedy such violation even after being granted a deadline to do so. Further grounds for termination shall include a tortious act by the user or an attempt thereof, as well as a sustained operational disruption due to force majeure beyond the control of mediMESH GmbH, such as natural disasters, fire, or an unavoidable collapse of network infrastructure.
10.4 Termination by the user may be carried out via the profile settings of their mediMESH user account. Termination by mediMESH GmbH must always be in writing, whereby fax or email shall suffice to meet the written form requirement.
11.1 The user shall receive compensation from mediMESH GmbH for their activities on mediMESH in the cases specified below. Compensation shall be calculated and paid out on a monthly basis.
11.2 Compensation for Participation in Healthcare Surveys (ratemy.mediMESH.app)
The compensation for participation in surveys shall be determined individually by the commissioning party of the survey and specified in the respective project description. The stated compensation shall be understood as gross, including value-added tax. However, the user always has the option to decline compensation and participate free of charge.
11.2 Compensation for Content on the Video Platform (mediMESH.app)
Content uploaded to the mediMESH video platform may generate revenue (e.g., through advertisements displayed in videos or through the sale of courses). The user shall receive 60% of the revenue generated by their content, while mediMESH GmbH shall retain 40%.
12.1 mediMESH GmbH aims for a technical availability of mediMESH at the handover point of 99% on an annual average. Availability refers to the technical usability of mediMESH at the handover point for the user. The handover point is the router exit of the data center where the server hosting mediMESH is located.
12.2 mediMESH GmbH informs the user that limitations or impairments of the provided service may arise that are beyond the control of mediMESH GmbH. These include, in particular, actions by third parties who are not acting on behalf of mediMESH GmbH, as well as technical conditions of the internet and force majeure events that mediMESH GmbH cannot influence (see Section 13). The hardware, software, and technical infrastructure used by the user may also impact the performance of mediMESH GmbH’s services.
13.1 Neither party shall be obligated to fulfill contractual obligations in the event of force majeure and for the duration of such an event. In particular, the following circumstances shall be considered force majeure:
13.2 Each contracting party must immediately notify the other in writing of the occurrence of a force majeure event.
The following notices do not constitute contractual provisions but are solely intended to inform users.
15.1 The law of the Federal Republic of Germany shall apply.
15.2 Should individual provisions of these Terms of Use be or become invalid and/or contradict statutory regulations, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that legally and effectively comes as close as possible to the intent of the invalid provision. This provision shall apply accordingly in the case of any contractual gaps.
Annex 1
Before the survey discussion and recording begin, the user shall inform participants that the conversation will be recorded and transcribed using the appropriate Teams function. The user shall then ask the participants for their consent. If even one participant does not agree, no recording may take place.
The user shall document consent at the beginning of the recording by opening the conversation with the following words (the user may modify this wording as necessary):
“As previously explained, this conversation will be recorded. You have agreed to this. I am now starting the recording.”
Version 1.1 as of 2025/02/12
