Terms of use

1. 1) Our services
2. 2) Intellectual property rights
3. 3) User representations
4. 4) Prohibited activities
5. 5) User-generated contributions
6. 6) Contribution license
7. 7) Service management
8. 8) Term and termination
9. 9) Modifications and interruptions
10. 10) Governing law
11. 11) Dispute resolution
12. 12) Corrections
13. 13) Disclaimer
14. 14) Limitations of liability
15. 15) Indemnification
16. 16) Data Processing & Privacy
17. 17) Electronic communications, transactions, and signatures
18. 18) Miscellaneous
19. 19) Contact us

The Services and any information provided through them are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would violate laws or regulations, or would subject us to any registration or regulatory requirements.

Individuals who choose to access the Services from locations outside of our primary operating jurisdictions do so at their own initiative and are solely responsible for ensuring that their use complies with all applicable local laws and regulations.

Our intellectual property

We (AskBefore UG (haftungsbeschränkt) are the owner or authorized licensee of all intellectual property rights related to our Services. This includes all source code, databases, software, website designs, functionality, audio, video, text, photographs, graphics, and any trademarks, service marks, and logos (collectively referred to as the “Content” and “Marks”).

All Content and Marks are protected by applicable copyright, trademark, and intellectual property laws, as well as international treaties.

Unless otherwise stated, all Content and Marks provided via the Services are for your personal, non-commercial, or internal business use only and are offered “AS IS”.

Your use of our services

As long as you comply with these Legal Terms (including the “Prohibited Activities” section), we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services;
• Download or print parts of the Content you’re authorized to access — solely for personal or internal use, excluding any Exchange Page content or medical data (including STI test results, partner messages, and partner test requests), which may not be downloaded, printed, copied, or saved in any form.

You may not, without prior written permission from us:

• Copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit, distribute, sell, license, or otherwise exploit any portion of the Services, Content, or Marks for any commercial purpose.

If you wish to use our Content or Marks in any other way, please send your request to: support@askbefore.eu.

If permission is granted, you must clearly identify us as the source and ensure any copyright or proprietary notices remain visible.

We reserve all rights not expressly granted to you.

Any unauthorized use of the Services, Content, or Marks will be considered a material breach of these Terms and may result in the immediate termination of your right to access or use the Services.

Your Submissions

Please carefully review this section along with the “Prohibited Activities” to understand:

• What rights you grant to us when you post or upload content; and
• What responsibilities you assume when submitting content via the Services.

Submissions

By sending us any content — such as questions, comments, suggestions, feedback, ideas, or other input ("Submissions") — you agree to assign all intellectual property rights in that content to us. We will own your Submission fully and may use it freely for any lawful purpose, including commercial use, without your approval or compensation.

You are responsible for what you post

By submitting any content, you confirm that:

• You have reviewed and agreed to the “Prohibited Activities” section.
• You will not submit any content that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, pornographic, or that contains falsified or misleading information — particularly regarding STI test results or other medical documents.
• You waive any and all moral rights to the Submission, to the extent permitted by law.
• You confirm that you own, or have obtained, all rights necessary to grant us a license to use the Submission.
• You acknowledge that your Submission is not confidential or proprietary.

You agree to compensate us for any loss or liability we suffer due to:

• A breach of this section;
• Violations of another party’s intellectual property rights;
• Any applicable legal violations arising from your Submission.

By using the Services, you represent and warrant that:

• You have the legal capacity and authority to enter into these Legal Terms, and you agree to comply with them in full;
• You are not a minor in your jurisdiction of residence;
• You will not access the Services using automated or non-human means (including bots, scripts, or similar technologies);
• You will not use the Services for any unlawful, unauthorized, or fraudulent purpose;
• Your use of the Services will not violate any applicable law, regulation, or third-party rights.

We reserve the right to suspend or terminate your account and deny access to the Services if any information you provide is false, inaccurate, outdated, or incomplete, or if we reasonably believe you have violated these representations.

You may not access or use the Services for any purpose other than that for which the Services are made available. You may not use the Services in connection with any commercial activity except as explicitly approved by us.

As a user of AskBefore, you agree not to:

• Attempt to systematically collect, scrape, or extract data or content from the Services without our written permission;
• Trick, deceive, or mislead us or other users — especially through attempts to access another user’s account or share false or manipulated STI test results or medical documents;
• Tamper with or bypass any security features of the Services, including attempts to disable or interfere with encryption, access restrictions, or user authentication;
• Harass, defame, abuse, or harm other users or our staff, including, but not limited to providing other parties with access to a person’s Exchange Page or any part of it, such as medical tests results or personal message. Under no circumstances are you allowed to make screenshots, download or otherwise save the information provided to you by another user;
• Share or distribute content that is sexually explicit, violent, threatening, hateful, or otherwise objectionable — including falsified medical documentation;
• Impersonate any individual, clinic, or organization or use another person’s identity to access the platform;
• Submit false reports, misuse support channels, or abuse our feedback mechanisms;
• Upload or transmit any malicious code, malware, spam, or content that disrupts or slows down the platform;
• Attempt to bypass technical measures, rate limits, or restrictions applied to the Services;
• Use any robot, bot, scraper, or other automated means to access the Services without our express authorization;
• Reverse-engineer, decompile, or attempt to access the source code or encryption logic of our Services;
• Interfere with other users' experience, post unauthorized links, or upload deceptive or misleading material;
• Use the Services to promote or enable illegal activity, including the sale of fake health documents or impersonation of healthcare providers;
• Attempt to resell, redistribute, or commercially exploit the Services or Content without permission;
• Access or attempt to access the Services from a jurisdiction where we do not offer service;
• Collect information about other users (e.g., email addresses or behavior) for the purpose of unsolicited messaging or tracking;
• Use the Services to compete with us, or to develop a similar or competing product.

As part of using the Services, you may have the ability to create and share an Exchange Page with a selected recipient via the platform. The Exchange Page may include your STI test results, an optional message to your partner, and/or an optional request for your partner to complete specific STI tests (together, "Contributions"). These Contributions are intended to provide personal, emotional, or practical context and are only visible to the intended recipient via the platform.

By submitting any Contributions, you acknowledge and agree that:

• Contributions are protected using end-to-end encryption, meaning we do not have access to their contents and cannot read or modify them;
• Contributions are not public and are only visible to the recipient(s) you select through the platform;
• You retain ownership of your Contributions, and grant us a limited license to securely store and transmit them in encrypted form solely for the purpose of providing the Services;
• The content must not be abusive, misleading, defamatory, or otherwise unlawful (especially in relation to medical records or sensitive health data);
• You are solely responsible for the accuracy and appropriateness of any Contributions you share.

By sending Contributions through our Services, you represent and warrant that:

• The content does not violate any laws, third-party rights, or these Legal Terms;
• You have the necessary authority and rights to submit the content;
• We may retain encrypted Contributions for audit, safety, fraud prevention, or technical purposes, in line with our privacy practices.

By using the Services, you may provide two types of contributions:
(a) end-to-end encrypted content (such as STI test results, STI test requests, and messages to partners), and
(b) unencrypted content (such as service feedback).

a) Encrypted medical data:

All Exchange Page content shared through the platform — including STI test results, requests for a partner to complete specific STI tests, and messages addressed to your partner — is protected with end-to-end encryption. We do not have access to the contents of this encrypted content, do not store decryption keys, and cannot read, view, or modify it. Only you and the intended recipient(s) can decrypt and view the encrypted content.

By submitting encrypted content, you authorize us to securely store and transmit it in encrypted form solely for its intended purpose — without access to its contents.

b) Unencrypted contributions:

Any feedback you provide about the Services (for example, bug reports, support messages, or product suggestions) may be stored and processed in readable form. By submitting this feedback, you grant us a non-exclusive, worldwide, royalty-free license to store, process, and use it solely for the purposes of operating and improving the Services, including security, moderation (if needed), and customer support.

You retain all ownership rights to your contributions. We claim no ownership over your content and do not use it for advertising, resale, or commercial redistribution. You are solely responsible for your contributions and any legal consequences they may cause. You agree not to hold us liable for any claims related to your content.

For clarity, end-to-end encryption applies only to Exchange Page content (including STI test results, partner test requests, and partner messages). Transactional and purchase-related information—such as clinic selection, booking details, order history, pricing, and payment status—is not end-to-end encrypted and may be processed and stored by us as necessary to provide the clinic aggregator and payment-related services, in accordance with our Privacy Policy.

We reserve the right (but not the obligation) to:

• Monitor the services for violations of these legal terms;
• Take appropriate action against anyone who breaches these terms, including reporting them to law enforcement if necessary;
• Refuse, limit, or disable access to any contribution that is illegal, false, excessive, or burdensome on our system, at our sole discretion;
• Remove any uploaded content if we believe it may harm the integrity, privacy, or security of the services;
• Manage the services in a way that ensures the safety of users and protects our legal and business interests.

These legal terms remain in effect as long as you use the Services.

We reserve the right, at our sole discretion and without prior notice or liability, to deny access to or suspend your use of the Services (including blocking specific IP addresses), for any reason or no reason at all. This may include, but is not limited to, violations of these legal terms, applicable laws, or our internal policies. We may also delete any content or information you have posted, without prior warning.

If your account is terminated or suspended, you are prohibited from creating a new account under your own name, a false or borrowed name, or the name of any third party — even if you act on their behalf.

We also reserve the right to pursue legal remedies, including but not limited to civil, criminal, or injunctive actions, as appropriate.

We may change, modify, update, suspend, or remove any part of the Services at any time, at our sole discretion and without prior notice. While we may notify users of significant changes, we are not obligated to do so.

We do not guarantee continuous availability of the Services. Technical issues, maintenance, upgrades, or external factors may cause delays, interruptions, or outages. You acknowledge that such disruptions may occur and agree that we are not liable for any resulting damages, losses, or inconveniences.

Nothing in these legal terms obligates us to maintain or support the Services, or to provide future updates, bug fixes, or improvements.

These Legal Terms shall be governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles. You irrevocably agree that the courts located in Germany shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Legal Terms or their subject matter.

Informal negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by either you or us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute informally for at least 30 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other.

Binding arbitration

Any Dispute that cannot be resolved through informal negotiations shall be finally settled by arbitration under the Arbitration Rules of the German Institution of Arbitration (DIS). The number of arbitrators shall be one. The seat (legal place) of arbitration shall be Berlin, Germany. The arbitration shall be conducted in the English language. The governing law of these Legal Terms shall be the laws of Germany.

Restrictions

The Parties agree that:

• arbitration shall be limited to the dispute between the Parties individually;
• no arbitration shall be joined with other proceedings;
• class actions or representative actions are not permitted;
• neither Party may bring claims on behalf of the general public.

Exceptions to informal negotiations and arbitration

The Parties agree that the following Disputes are not subject to arbitration:

• disputes related to the enforcement or validity of a Party’s intellectual property rights;
• claims involving theft, piracy, invasion of privacy, or unauthorized use;
• any request for injunctive relief.

In such cases, the matter shall be resolved by the courts of Berlin, Germany, and the Parties agree to submit to the personal jurisdiction of those courts.

We aim to present accurate and current information; however, some details displayed within the Services — including descriptions, prices, and availability — are provided directly by third-party clinics and service providers.

We do not control or verify this external data and therefore cannot guarantee its accuracy or completeness.

We reserve the right to correct, update, or remove any information on the Services at any time and without prior notice, but we are not responsible for errors or omissions originating from third parties.

The Services are provided on an “as is” and “as available” basis. You use the Services at your own risk.

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to:

• warranties of merchantability,
• fitness for a particular purpose,
• non-infringement,
• and any warranties regarding the accuracy, reliability, or completeness of the Services or their content.

We do not guarantee that the Services will be error-free, secure, uninterrupted, or free from harmful components. Specifically, we assume no responsibility or liability for:

• errors, inaccuracies, or omissions in the content;
• personal injury or property damage resulting from your access to or use of the Services;
• unauthorized access to or use of our servers or stored data;
• interruptions, delays, or failures in transmission;
• bugs, viruses, malware, or other harmful code that may be transmitted via the Services;
• loss or damage of any kind arising from the use of any content, posted or shared through the Services.

We do not endorse, warrant, or assume responsibility for any products, services, or content advertised or offered by third parties through the Services.

Any interaction or transaction with third-party providers is solely between you and that provider. Use your own best judgment and exercise caution.

To the maximum extent permitted by law, neither we nor our directors, employees, agents, or affiliates shall be liable to you or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages. This includes — but is not limited to — loss of profits, revenue, data, or goodwill, or any damages related to:

• Use or inability to use the Services,
• Reliance on information displayed through the Services (including but not limited to content provided by third-party clinics),
• Any unauthorized access to or use of our servers or stored data,
• Any interruption, suspension, or termination of the Services.

Our liability in all cases shall not exceed the amount you paid to us, if any, for accessing the Services.

Some jurisdictions do not allow certain limitations on liability or the exclusion of implied warranties, so these provisions may not apply to you. In such cases, your statutory rights remain unaffected.

You agree to indemnify, defend, and hold harmless us, our affiliates, partners, employees, and agents from any claims, liabilities, damages, costs, or expenses — including reasonable legal fees — arising out of or related to:

• Your use or misuse of the Services,
• Any violation of these Legal Terms,
• Any false, forged, or misleading submissions (including falsified medical test results),
• Any violation of third-party rights, including intellectual property or data protection rights,
• Any harmful behavior toward other users, including actions that cause emotional, reputational, or legal harm.

We reserve the right (but not the obligation) to assume exclusive defense and control of any matter subject to your indemnification, at your expense. You agree to fully cooperate in such defense.

We take your privacy seriously. To find out more about how we process your personal data, please, check our Privacy Policy.

We process the following types of data differently:

• encrypted data: all uploaded medical records, as well as STI test requested, custom messages are end-to-end encrypted and stored in a way that we cannot access or decrypt them — even for support, moderation, or legal purposes. We process encrypted files (e.g., STI results) strictly as a hosting provider. We cannot see the content.
• visible (we can view and access): your email address, hashed password, the Clinic Name, the Service Type (e.g., "Full Panel"), and the status of your transaction.
• internal identifiers & cohorts: we may assign pseudonymized internal IDs (e.g., "User 1234") to your account to link your support requests, survey feedback (NPS), and platform usage history without exposing your identity to third parties.

We do not use personal data for automated decision making that produces legal effects or significantly affects you (such as price discrimination or denying service based on health status) as defined in Art. 22 of the GDPR.

We are a Germany-based company (AskBefore UG (haftungsbeschränkt). Your data is primarily processed within the European Union (EU) in accordance with the GDPR. For details on any third-party sub-processors, please refer to our Privacy Policy.

The Services involves the processing of health data, which is classified as a "Special Category of Personal Data" under Art. 9 of the GDPR. This includes the secure hosting of your encrypted medical files. When uploading medical tests results, you are asked to provide your explicit consent for us to process this data for the specific purpose of facilitating your storage and sharing of such information. You may withdraw this consent at any time.

By using the Services, contacting us electronically, or submitting any online forms, you agree to receive all communications from us in electronic form. This includes agreements, legal notices, updates, or disclosures.

You agree that electronic communications satisfy any legal requirement for written documentation.

You waive any right to require non-electronic signatures, paper documents, or physical delivery of records unless required by law in your jurisdiction.

These Legal Terms, along with any posted policies or operating rules, constitute the entire agreement between you and us regarding use of the Services. Our failure to enforce any provision of these Legal Terms will not be considered a waiver of that provision.

These Terms apply to the fullest extent allowed by law. We may assign any of our rights or obligations at any time. We are not liable for any delay or failure to perform due to causes beyond our reasonable control.

If any part of these Terms is found to be invalid or unenforceable, the rest will remain fully effective. No partnership, joint venture, or employment relationship is created by these Terms. These Terms will not be construed against us simply because we drafted them.

You waive any defenses based on the electronic nature of this agreement and the lack of physical signatures.

To resolve a complaint regarding the Services or to request more information, you may contact us at: support@askbefore.eu