Company ledger number: FN581365z
Company court: Salzburg Regional Court
Authority according to ECG (E-Commerce law): Magistrate of the City of Salzburg
Chamber: Salzburg Chamber of Commerce
Commercial law: Trade regulations (https://www.ris.bka.gv.at/)
Managing directors: Dr. Manuel Schabus, Dr. Thomas Winkler
Spin-Off of the Paris Lodron University Salzburg: Center for Cognitive Neuroscience Salzburg (CCNS), Laboratory for Sleep & Consciousness Research, Hellbrunner Str. 34,5020 Salzburg, Austria
Web design & implementation: dotsandlines GmbH
GENERAL TERMS AND CONDITIONS
1. Scope of Application and basic principles
1.1 These General Terms and Conditions ("GTC") Apply between us, Nukkuaa GmbH, FN 581365z, Hauptstraße 18, 5071 Wals-Siezenheim, Austria and you, as the user of the App NUKKUAA, a sleep analysis & therapy Application for mobile use ("App") operated by us.
1.2 The App essentially offers you a sleep therapy linked to a high-precision sleep analysis, in which biological data is regularly measured by sensors during sleep and read out with the help of an algorithm.
1.3 These GTC govern the terms and conditions for downloading and using the App and all services offered by the App.
1.4 By using the App and/or registering, you accept these GTC.
1.5 The App is generally aimed at consumers as defined by § 1 of the Consumer Protection Act. The use of the App for commercial and business purposes as well as for purposes of scientific research is fundamentally not permitted and is only permitted with our prior written consent.
1.6 These GTC are valid until revoked from 08 August 2022.
2.1 You can log in as a registered user of the App and create a user account. To do so, you must submit your first and last name as well as your e-mail address to us as part of the registration process and create a password that will be used in conjunction with this e-mail address.
2.2 As a registered user, you will have access to certain areas, features and functions of the App that are not available to non-registered users.
2.3 You can only register for one user account.
2.4 By registering, you confirm that (i) you have read the Terms and Conditions and fully accept their contents and (ii) all the information you provide during registration is true, correct, current and complete.
2.5 If you provide false or incomplete information, we may suspend or delete your account with immediate effect and without prior notice and prohibit your current and future use of the App in whole or in part without refund. We may contact you to verify your registration details.
2.6 You are responsible for maintaining the confidentiality of your password and user account and must not disclose your login details and/or password to any third party. You must notify us immediately in writing of any unauthorised use of your password and/or account or any other breach of security.
3.1 As a user account holder, you may have access to a paid subscription that gives you access to all content that is part of the subscription.
3.2 You may purchase a paid and perpetual subscription with a monthly cancellation option ("Monthly Subscription") or with an annual cancellation option ("Annual Subscription") via the Apple App Store or the Google Play Store, subject to the terms and conditions and conditions of use of those shop providers.
3.3 An unlimited subscription ends in any case at the time when we cease commercial distribution of the App.
3.4 The cost of the monthly subscription is payable in monthly instalments. The payment method provided by you will automatically be debited with the monthly subscription fees for renewal until cancellation. To prevent the next monthly subscription charge from being debited from the payment method provided by you, you must cancel your subscription before it is renewed for another month. A refund of pro rata subscription periods is excluded.
3.5 The cost of the annual subscription is paid in the form of a one-off advance payment. The annual subscription shall be renewed at the end of the respective subscription period for a further year. In order to prevent the next annual subscription costs from being debited from the means of payment provided by you, you must cancel your subscription before it is renewed for a further year. A refund of pro rata subscription periods is excluded.
3.6 The cost of our perpetual subscription is paid in advance in each case.
3.7 Prices depend on the subscription in question. Current prices can be found on our website or in the Apple App Store and the Google Play Store.
3.8 Prices for paid subscriptions are final prices and include taxes and other charges. Prices will be displayed to you before you submit your paid subscription offer. The price is payable in advance upon conclusion of the paid subscription contract. Payment methods vary depending on the country you are in and the payment methods available in that country. The means of payment will be displayed before you conclude the paid subscription contract. Any bank charges incurred as a result of payments made to your account will be at your expense. If a payment is not received by us via the means of payment indicated by you, you are obliged to pay all amounts due upon our request.
4. Use of the App by Minors
4.1 To register, you must be at least 18 years old or the age of majority under the laws of your country. If you do not meet these requirements, you may only use the App with the involvement and consent of a parent or legal guardian via that person's account in accordance with these T&Cs.
4.2 By registering, you confirm that you are authorised to enter into binding contracts in your own name in accordance with the provisions Applicable to you.
5. Legal right of cancellation and cancellation instructions for consumers
5.1 If you are a consumer within the meaning of § 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG), you may cancel the paid subscription contract concluded with us in writing, e.g., by letter or e-mail, within 14 days of conclusion of the contract without stating any reasons. In order to exercise your right of withdrawal, you must notify us of your decision to withdraw by means of a clear declaration (e.g., by letter or e-mail sent by post or fax) to the following contact details: Nukkuaa GmbH, Hauptstraße 18, 5071 Wals-Siezenheim, Austria; e-mail to: firstname.lastname@example.org
5.2 In the event of an effective revocation, the services received by both parties shall be returned and any economic benefits shall be surrendered. If you are unable to return the performance received in whole or in part, you may have to pay us compensation for the period during which the performance was used. This may mean that you must nevertheless fulfil the contractual payment obligations for the period until revocation. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your declaration of revocation and for us with its receipt.
5.3 This right of withdrawal can also be exercised by means of the following withdrawal form:
I/we (*) hereby declare that I/we (*) withdraw from my/our (*) purchase contract of the following goods (*) / contract for the provision of the following service (*):
- Ordered on (*)/Received on (*):
- Name of consumer(s):
- Address of consumer(s):
- E-mail address of consumer(s) used to register for our products/services:
- Signature of consumer(s) (only if this form is submitted in paper form):
(*) Please delete if not Applicable.
6.1 You may terminate your use of the App at any time via your user settings. Subscriptions can be terminated in accordance with the respective minimum terms.
6.2 We are entitled to terminate the contract concluded with you with immediate effect for good cause and/or to exclude you from using the App temporarily or permanently, in particular in the event of gross violations of the GTC or the user provisions of the App.
7 Warranty and liability
7.1 We endeavour to ensure the constant availability of the App and its services. Downtimes due to maintenance, software updates and due to circumstances (such as technical problems of third parties, force majeure) beyond our control or due to which our services are not accessible via the Internet cannot be excluded. Claims for damages and/or warranty claims are excluded for such failures. We also do not guarantee that the App will be available constantly, completely and without errors or that the required software and hardware will work without errors.
7.2 You use the App at your own risk. This Applies in particular to the use of the hardware used (such as heart rate sensors, heart rate monitors, etc.) and to the use of the data and recommendations created by us via the App or provided to you by us.
7.3 We are neither a health service provider nor a provider of medical products. The App does not provide medical advice. The App and all contents of the App are not a supplement to or substitute for information from a doctor or pharmacist. By agreeing to these T&Cs, you confirm that you are solely responsible for your health.
7.4 We are liable for damages within the framework of the existing legal provisions only if a damage was caused by us through gross negligence or intent. In the case of slight negligence, we shall only be liable in the event of injury to life, limb or health. In the case of entrepreneurs, compensation for consequential damage and mere financial loss, loss of profit and damage from third-party claims - insofar as this does not conflict with mandatory law - is excluded and our liability to pay compensation is limited to the amount of the payments made to us by you on the basis of the contract concluded. The existence of slight or gross negligence must be proven by the customer, unless it is a consumer transaction, and our obligation to pay compensation is limited to the sum of the payments made by you to us on the basis of the contract concluded.
7.5 Except as provided by mandatory law, we shall not be liable for any damages that may arise from the use of content made available through the App, including, without limitation, damages that may arise from errors, viruses or loss of data.
7.6 You indemnify us against all claims made against us by third parties on the basis of an infringement of their rights by your use of the App and its content, provided that the infringement of rights is attributable to culpable conduct on your part.
7.7 We do not provide any warranty for external links, banners or other information and advertising offers placed in the App. Any legal transactions that thereby come about between you and a third-party provider will result in contractual relationships exclusively between you and the third-party provider. We do not assume any warranty or liability for products and/or services of third-party providers.
8. e-mail services and data protection
8.2 In the course of using the App, you may be asked to provide us with certain personal information.
9. Property rights
9.1 We reserve all rights, in particular copyrights, rights of use and trademark rights, to the App and all content provided in the App.
9.2 The compiled contents of the App are works produced by us or for us within the meaning of copyright law. The associated programs are also protected by copyright.
9.3 By downloading the App, you acquire a time-limited, non-exclusive and non-transferable licence to download, install and use the App within the scope of the provisions of the GTC on a compatible end device which you own or which is subject to your control. You acquire a non-exclusive and non-transferable right to use the contents retrieved in the App within the framework of the GTC. This right is limited in time to the period of use agreed for the respective content. In particular, the right to use old versions of content in the case of subscriptions ends with the end of the subscription. Any use outside of these specifications, in particular distribution, making available to the public and commercial use, requires our prior express written consent.
9.4 You undertake in particular to refrain from the following actions in relation to the App and the content made available there, not to support third parties in carrying out these actions and not to allow them to carry out these actions: (i) copying, storing, reproducing, transmitting, modifying, (ii) renting, leasing, lending, making available to the public, selling or distributing in whole or in part, (iii) carrying out manipulations or alterations to the App or its content.
9.4 You undertake in particular to refrain from the following acts in relation to the App and the content made available therein, not to assist third parties in carrying out these acts and not to allow them to carry out these acts: (i) copying, storing, reproducing, transmitting, modifying, (ii) renting, leasing, lending, making available to the public, selling or distributing in whole or in part, (iii) tampering with or circumventing technologies used to protect the Content accessible through the App, (iv) circumventing territorial restrictions Applicable to the App, or (v) using the App in a manner that constitutes a breach of the TOS or any other terms and conditions subject to this Agreement.
9.5 You may not decompile, reverse engineer, disassemble, attempt to derive source code from, decrypt, modify or create derivative works of the App or its contents or reuse it in other software. This shall not affect the mandatory statutory provisions under UrhG. 10.
10. Jurisdiction, Applicable Law, Contractual Language
10.1 Austrian law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules of Austrian private international law.
10.2 For legal disputes, the exclusive jurisdiction of the competent court for Salzburg, Austria, is agreed. If you are a consumer within the meaning of the Consumer Protection Act, it is agreed that the court with subject-matter jurisdiction for your place of residence or habitual abode shall have jurisdiction for legal disputes. Other existing places of jurisdiction for actions of a consumer against us remain unaffected.
10.3 The contractual language is German.
11. Availability and changes to the GTC
11.1 You can access, save and print the current GTC on our website or in the App as well as during the registration or ordering process.
11.2 We may change these Terms and Conditions at any time. We will notify you of such changes either by sending the amended T&Cs to the email address you provided during registration or by posting them on the App. The amendment of the GTC entitles you to terminate the contractual relationship in writing and/or by deleting your user account within a period of one month from notification. If you do not give notice of termination within this one-month period, the amended GTC shall be deemed to have been agreed.
12. Other provisions
12.1 All declarations of a legally binding nature based on this contract must be made in writing to the e-mail address of the other contracting party last notified in writing. If a declaration is sent to the e-mail address last notified in writing, it shall be deemed to have been received by the respective contracting party.
12.2 Should one of the provisions of these GTC be invalid, this provision shall be replaced by a valid provision which (i) in the case of consumers is provided for by law or (ii) in the case of entrepreneurs comes closest to the original provision in its economic effect. The remaining provisions of these GTCs shall remain effective in any case.
12.3 Deviating or supplementary terms and conditions of the user shall not become part of the contract unless we have explicitly agreed to their validity.
12.4 The EU Commission provides an Internet platform for the online settlement of disputes (ODR platform) at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the settlement of disputes. This platform serves as a contact point for the out-of-court settlement of such disputes arising from online sales contracts. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
12.5 If you breach these Terms and Conditions and we do nothing about it, we will still be entitled to exercise our rights on any other occasion on which you breach these Terms and Conditions.