Database usage agreement

Status: 01 August 2026

Scope: Licensed and other databases and information services for healthcare professionals made

available via www.pharmazie.com

between

DACON Datenbank Consulting GmbH / pharmazie.com

– hereinafter referred to as the “Operator” –

and

the User / Contracting Party

– hereinafter referred to as the “User” –

The following Database Use Agreement is concluded:

1. Subject Matter of the Agreement

1. The Operator provides medical and pharmaceutical information, databases and database-supported

information services via www.pharmazie.com. These include both the Operator’s own content and

content and data holdings originating from third-party providers and database originators.

2. This Agreement governs online use by members of the healthcare professional community and

other authorized users within the protected areas of pharmazie.com. Protected content may only be

used within the scope permitted under the applicable contractual and statutory framework.

3. To the extent that content is based on third-party rights, the specific terms of use of the respective

data originators shall apply in addition. For data holdings from IFA and Avoxa/ABDATA, the

enhanced protection and use restrictions expressly identified in this Agreement shall apply.

4. Other data holdings made available through pharmazie.com and originating from other data

originators may be subject to different or more flexible rules, provided such rules are specified by

the respective rights holder or granted by the Operator and do not conflict with mandatory legal

requirements. Accordingly, the particularly restrictive special provisions of this Agreement

concerning AI use, bot use, framing, data extraction and data combination shall apply in their
strictest form only to IFA data and Avoxa/ABDA data, unless the same has been expressly agreed for

other data holdings.

5. The Operator shall be entitled to adapt content, data structures, delivery methods, protection

mechanisms and authentication procedures to the extent necessary for legal, licensing, technical or

security reasons.

2. Access Authorization and Restricted Professional Access

1. Access to protected content is reserved exclusively for natural persons who belong to the relevant

healthcare professional groups within the meaning of the applicable pharmaceutical advertising and

other statutory provisions, or who act on behalf of an institution that is entitled to such access.

2. By registering and by each use of the service, the User confirms that the protected content is

accessed solely because the User belongs to the authorized group of persons.

3. The Operator shall be entitled, before activation and during the term of the Agreement, to require

suitable proof of professional eligibility, including employer information, signed applications,

stamps, professional licenses, professional identity cards or comparable documentation.

4. If there are doubts as to authorization, the Operator may refuse, restrict or suspend access until

clarification has been obtained.

3. Personal Access Credentials

1. As a rule, each authorized user shall receive personal, non-transferable access credentials with a

password or a comparable personalized authentication method.

2. Use of one set of access credentials by multiple persons is prohibited, even if such persons belong to

the same company, organizational unit or project. In the case of Avoxa/ABDA data, this rule shall

apply expressly and without exception unless otherwise agreed in writing.

3. Where multi-user or corporate access arrangements exist, a separate personal authorization must

be assigned to each individual authorized user who actually accesses the service, to the extent

required for technical or licensing reasons.

4. Single sign-on procedures are permitted provided that the login can still be individually assigned to

a specific authorized user.

4. Confidentiality of Access Data and Prohibition of Transfer to Third Parties


1. The User shall keep access credentials and other authentication features confidential and shall

protect them against access by unauthorized third parties through suitable technical and

organizational measures.

2. The transfer, disclosure, shared use, deposit or any other form of making access credentials

available to third parties is prohibited. This also applies vis-à-vis colleagues, affiliated companies,

external service providers, consultants, customers, freelancers or other persons who have not been

individually activated.

3. The User shall inform the Operator without undue delay if there are indications of misuse, loss or

compromise of access credentials.

4. In the event of suspected misuse, the Operator shall be entitled to suspend access on a temporary

basis, reset passwords or require additional authentication steps.

5. Scope of Permitted Use

1. Within the scope activated for the User, the User may conduct searches, retrieve records for reading

access and view, download or print extracts or lists to the extent required for specific professional

matters, insofar as this is technically provided for and permitted under the applicable licensing

terms.

2. Use is generally limited to the User’s own internal professional use within the scope of the

authorized user’s professional activity. Use as an external research, documentation, monitoring,

procurement or re-use service for third parties is prohibited unless separately agreed in writing.

3. Only such storage, printouts and reproductions are permitted as are necessary for the specifically

permitted purpose of use. Case-related, transaction-related or file-related storage remains

permissible to the extent legally allowed, provided that no independent secondary database is

thereby created.

6. Generally Prohibited Uses

1. The User is prohibited from storing, reproducing, distributing, publicly communicating, making

publicly available, transferring, selling, licensing or altering substantial parts of the data material by

type or scope. Repeated and systematic use of insubstantial parts shall be deemed equivalent to the

use of substantial parts.

2. In particular, systematic downloading, mirroring, harvesting, extracting, aggregating or transferring

data holdings into the User’s own or third-party databases, research systems, merchandise
management systems, ordering systems, analysis systems or comparison systems is prohibited to

the extent that it exceeds the specifically permitted individual use.

3. Printouts, downloads or other extracts may not be passed on to third parties outside the authorized

scope of use.

4. The User shall prevent unauthorized access to the data material and any unauthorized use of or

knowledge of such data by third parties.

7. Special Rules for IFA Data and Avoxa/ABDA Data

1. The special restrictions set out in this Section 7 and Sections 8 to 10 shall apply in their strictest

form to data holdings of IFA and Avoxa/ABDATA and to any content derived from or embedded in

pharmazie.com on the basis of the Operator’s underlying licensing rights.

2. For other data originators, these special rules shall apply only where this is mandatory by law,

required by the respective rights holder or expressly specified by the Operator on a case-by-case

basis. Apart from this, more flexible contractual use models remain possible for other data holdings.

3. IFA data may only be used within the licensed online services, only in the contractually provided

form and only within the scope of the approved online use for healthcare professionals.

4. Avoxa/ABDA data may only be used as part of the online application licensed for that purpose and

only for authorized healthcare professionals.

8. Automated Access, Bots and Scraping

1. In the case of IFA data, access by authorized users is limited exclusively to natural persons. The use

of automated IT applications or other technologies that simulate or replace use by a natural person

is prohibited.

2. In the case of IFA data and Avoxa/ABDA data, the use of AI applications, robots, bots, crawlers,

scraping tools, web spiders, metasearch engines, automated scripts, headless browsers, harvesters,

parsers or other data capture and extraction tools is prohibited in particular. This also applies

where data or content is manually fed into such an application or further processed with it.

3. To the extent that other data holdings on pharmazie.com are not subject to the same restrictive

terms of use, the Operator may grant differing or more extensive rights of use on a case-by-case

basis. However, in the absence of express written authorization, any large-scale or security-relevant

automated use shall remain prohibited there as well.
4. The Operator shall be entitled to technically block, limit and log automated access and to suspend

access immediately in the event of suspected use in breach of contract.

9. AI Use, Text and Data Mining

1. In the case of IFA data and Avoxa/ABDA data, any use for the training, retraining, fine-tuning,

evaluation, testing or operation of AI systems, AI applications or other models of automated data

processing is prohibited unless the Operator and, where required, the respective rights holder have

given their express prior written consent.

2. This includes, in particular, text and data mining, corpus creation, dataset generation, embedding,

semantic indexing, retrieval systems, prompt enrichment, agentic processing and any other form of

automated knowledge extraction or model-based further use.

3. For IFA data, the rights holder additionally reserves reproduction rights for the purpose of text and

data mining.

4. For other data holdings on pharmazie.com, AI-related use may be governed differently. To the

extent that there is no express prohibition by the respective data originator and the Operator grants

the corresponding rights, more flexible rules may apply; however, this requires separate express

authorization.

10. Special Content and Publication Restrictions for IFA Data and Avoxa/ABDA Data

1. IFA data may not be published together with data having the same field content from other sources,

nor may it be made accessible to third parties, where this would conflict with the IFA licensing

terms.

2. IFA data may not be used in a manner comparable to, or competing with, the business of IFA; in

particular, it may not be used as the basis for a competing database.

3. IFA data may only be published in the specified update intervals and may not be published as a

regular data status before the relevant effective date. Any permissible preview must be expressly

marked as a preview.

4. Avoxa/ABDA data may not be used within artificial intelligence systems, may not be passed on to

third parties and may not be embedded by way of framing or comparable technologies in thirdparty telemedia services.

5. Avoxa/ABDA data may not be published in aggregated form in a database, or otherwise made

available, together with product-evaluating or classifying information, in particular regarding
bioequivalence, therapeutic benefit, therapeutic appropriateness, monograph conformity or

authorization type.

6. In the case of Avoxa/ABDA data, it must be ensured that such data is made accessible over the

internet only from servers located in the territory of the European Union, Switzerland and Norway.

11. Technical Protection Measures

1. The User may not employ any devices, software or other means intended to circumvent, impair or

overcome technical protection measures of the Operator or the respective rights holders.

2. The Operator shall be entitled to implement appropriate technical and organizational measures in

order to prevent, in particular, mass downloads, credential sharing, session sharing, automated

extraction and other abusive uses.

3. To the extent that content is hosted, mirrored or processed on third-party systems, this shall

require a corresponding contractual basis; no rights in the affected data holdings shall thereby be

transferred to such third parties.

12. Availability, Timeliness and Warranty

1. The Operator shall endeavor to ensure the highest possible uninterrupted availability of the

services. However, maintenance, security measures, technical disruptions, changes by upstream

suppliers and other circumstances may lead to interruptions, restrictions or changes to the offering.

2. With regard to the factual accuracy, completeness, marketability or legal usability of third-party

data, the Operator shall provide warranty only within the scope of mandatory statutory and

contractual requirements. The User shall subject the data to a plausibility check appropriate to the

intended use.

3. Defects or disruptions must be reported by the User without undue delay. The Operator shall be

entitled, at its own discretion, to remedy errors, provide replacement material, offer a newer

version or provide a reasonable workaround.

13. Liability

1. The Operator shall be liable without limitation in cases of intent and gross negligence and in all

cases where liability is mandatory by law.

2. In cases of slight negligence, the Operator shall be liable only for breaches of essential contractual

obligations and only up to the foreseeable direct damage typical for the contract. To the extent
permitted by law, any claim for damages shall, as a rule, be limited to the amount of one annual

usage fee.

3. Liability for indirect damage, consequential damage, loss of profit, unrealized savings, loss of

interest and third-party claims shall be excluded to the extent permitted by law.

4. The Operator shall not be liable for damage suffered by the User as a result of loss or misuse of the

access credentials assigned to the User, unless the Operator is responsible for such damage.

14. Data Protection and Confidentiality

1. The Operator shall be entitled to store and process the User’s data required for registration,

authentication, contract performance, billing, misuse prevention and proof of licensing compliance.

To the extent necessary for contract performance, such data may be passed on to involved rights

holders or technical service providers.

2. The User undertakes to treat the protected content made available to the User as confidential and to

comply with all necessary measures to prevent access by unauthorized people.

3. In the event of intentional or grossly negligent breaches of data protection or security requirements,

the Operator shall be entitled to terminate the contractual relationship without notice.

15. Contractual Penalty and Sanctions

1. In the event of culpable breaches of essential use and protection obligations, in particular

unauthorized disclosure of access credentials, use by unauthorized third parties, use of automated

processes in breach of contract, impermissible AI use, systematic data extraction or impermissible

transfer to third parties, the Operator shall be entitled to suspend access in whole or in part,

terminate the contractual relationship for cause and assert claims for damages or a contractual

penalty.

2. As a rule, the contractual penalty may amount to up to one annual usage fee. Further claims of the

Operator and claims of the respective data originators shall remain unaffected.

3. In the event of breaches of specific IFA requirements, in particular embargo periods and premature

publication of data statuses, the separate sanctions provided for in the IFA agreements, including

fixed contractual penalties, may apply.

16. Term, Termination and Consequences of Termination

1. This Use Agreement shall run for an indefinite period unless otherwise agreed.
2. It may be terminated ordinarily with the agreed notice period to the end of the subscription or

contract period. Different terms and notice periods may apply to individual licensed data holdings.

3. The right to extraordinary termination for good cause shall remain unaffected. Good cause shall

exist in particular in the event of serious or repeated breaches of this Agreement, payment default,

misuse of access credentials, impermissible AI use or automated access contrary to the applicable

terms of use.

4. After termination of the Agreement, any further use, retrieval, reproduction or retention of the

contractual content shall be prohibited unless statutory retention obligations or expressly

permissible case-related archiving requirements apply. To the extent that additional deletion

obligations apply to IFA data, such obligations must be complied with.

17. Final Provisions

1. In addition to this Agreement, special licensing conditions of the respective data originators may

apply to individual databases, data packages or content. In the event of inconsistencies, the

mandatory protection requirements of the respective rights holders shall prevail for IFA data and

Avoxa/ABDA data; otherwise, this Agreement shall be interpreted, as far as possible, in a manner

that also preserves the effectiveness of more flexible usage models of other data originators.

2. Amendments and supplements to this Agreement must be made at least in text form unless a

stricter form is required by law or contract.

3. Should individual provisions of this Agreement be or become invalid or unenforceable, the validity

of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable

provision, such valid provision shall be deemed agreed as comes closest to the economic purpose of

the invalid provision.

4. The law of the Federal Republic of Germany shall apply. To the extent legally permissible, the place

of jurisdiction shall be the place of jurisdiction specified in the Operator’s contract documents