Standard business terms
1.1 Snore Free GmbH, Josefstädterstrasse 82/7/140, 1080 Vienna, Austria (hereinafter referred to as “SnoreFree”) operates mobile applications (apps) and websites, (“SnoreFree” products) in Germany under the name “SnoreFree”.
1.2 These General Terms and Conditions (hereinafter referred to as “GTC”) apply in addition to the General Terms and Conditions of Use for this website http://lite.snorefree.com and the associated app (together hereinafter referred to as “APP”). Conflicting terms and conditions or terms and conditions that go beyond these GTC shall not become part of the contract.
1.3 User within the meaning of these GTC means any natural person who registers for the secure area.
1.3 For the purposes of these GTC, “secured area” means an area of the APP which is only accessible after registration and which is subject to special security regulations, in particular which is not accessible to third parties.
1.4 The secure area of the APP is not a substitute for direct contact with the doctor and does not constitute a reporting system to the doctor. Complaints, problems, questions or similar concerns must always be clarified with the attending physician directly and not via the APP.
2 Subject matter of the contract
2.1 The subject of this contract is the provision and operation of the APP.
2.2 Snore Free GmbH provides Users in the secured area with offers for personal use which are not accessible in the open area. These offers are gradually adapted and extended by SnoreFree as required.
2.3 Offers in the secure area may include, for example, the storage of sleep notes, the therapy plan, the creation of an individual health profile, the use of the reminder function and other offers.
2.4 An unrestricted availability of the APP cannot be technically guaranteed, as the use requires access to telecommunication networks and connections, over which SnoreFree has no influence. SnoreFree endeavours to reduce interruptions due to operational reasons (e.g. due to care or maintenance work on hardware and software) as far as possible.
3 Conclusion of Contract and Registration
3.1 SnoreFree provides the APP for compatible end devices for download in the respective app stores. The download and use of the APP is free of charge for the Users. Any connection costs incurred during use, e.g. with the mobile phone provider, are to be borne by the User. The activation of Digital Health Applications within the APP is subject to a charge.
3.2 The usage contract between the User and SnoreFree is concluded as soon as the User registers his account for access to the secured area. There is no claim to the conclusion of a user contract.
3.3 Doctors must provide the data required for registration to the secure area completely and correctly and also keep it up to date. This also includes the uniform continuing education number (EFN) of the medical associations. SnoreFree is granted the right to check this with the medical associations. If the information is not correct, SnoreFree can immediately deactivate access.
Patients can register by providing their email address.
3.4 Upon registration, a user name and password will be set. The User will immediately receive an email from SnoreFree with a confirmation code. As soon as he has registered by confirming the code, he has access to the secure area.
3.5 The User must keep his password confidential, in particular he must not disclose this password to anyone, make a note of it in SnoreFree’s documents or obviously or pass it on. The User is responsible for all activities that take place or are carried out under his password. If he knows or suspects that another person knows his password, he must change the password or contact SnoreFree immediately and inform SnoreFree thereof. If SnoreFree suspects that a breach of security or misuse is imminent, the User may be required to change his/her password or SnoreFree may temporarily disable access.
4 Term and Termination
4.1 The contract for the use of the APP is concluded for an indefinite period.
4.2 Users may terminate SnoreFree’s services at any time. SnoreFree reserves the right to suspend or terminate access to the Services with prior notice. This applies in particular,
(4.2.a) if Users violate the Terms and Conditions,
(4.2.b) if Users use the Services in a way that could cause a real risk of damage or loss to SnoreFree or other Users,
(4.2.c) if unforeseen circumstances beyond SnoreFree’s control arise; or
(4.2.d) to comply with any legal requirement.
SnoreFree will give the User reasonable advance notice to cease the activity in question via the email address associated with the User’s account. If the User does not take the necessary steps following this request, access to the Services will be terminated or suspended.
No prior notice will be given in the event of termination in particular:
(4.2.e) in the event of a serious breach of these T&Cs, e.g. misrepresentation of medical professional status,
(4.2.f) if it would result in legal liability for SnoreFree or impair SnoreFree’s ability to provide the Services to other Users; or
(4.2.g) if SnoreFree is prohibited from doing so by law.
5 Use of SnoreFree
5.1 Access for patients includes the possibility to keep a therapy and sleep diary.
5.2 Patients have the option to give their treating physicians access to their therapy diary.
5.3 SnoreFree has no influence on how users use the APP. The User is responsible for the accuracy and completeness of the information provided. SnoreFree does not check the accuracy or completeness of the entries.
5.4 The use requires an active internet connection of the end device. The User has no claim to the restoration of data in the event that the data has been deleted by the User himself or the User has no access to his data for a reason for which SnoreFree is not responsible.
6.1 SnoreFree is liable for intent and gross negligence. In the case of a slightly negligent breach of essential contractual obligations, which are of particular importance for the achievement of the purpose of the contract and on whose compliance the User could rely, SnoreFree is liable for the foreseeable, contract-typical damage. Otherwise, liability for slight negligence is excluded.
6.2 The above limitations of liability do not apply in the event of culpable injury to life, body and health.
6.3 The limitations of liability also apply mutatis mutandis in favour of the employees and vicarious agents of SnoreFree if claims are asserted against them.
6.4 For all claims against SnoreFree for damages or reimbursement of futile expenses, a limitation period of 2 years applies from the point in time in which the User becomes aware of the damage; regardless of this knowledge, claims for damages expire at the latest after 3 years from the point in time of the damaging event. This does not apply to liability in the event of intent or gross negligence or personal injury.
7 Granting of rights
7.1 SnoreFree grants the User a non-exclusive (non-exclusive), non-transferable, non-sublicensable right to use the APP, including any documentation contained therein, for the duration of this Agreement for the purposes of this Agreement.
7.2 Subject to statutory provisions, the user is only permitted to copy the APP to the extent that this is necessary for the contractual use of the APP. The user may not make the APP publicly accessible, rent it out or use it commercially in any other way. All rights not expressly granted are reserved.
7.3 SnoreFree provides the APP exclusively in object code for the available operating systems. The source code of the APP is not the subject of this grant of rights.
7.4 Within the scope of using the APP, Users may access questionnaires to the extent provided. The user is prohibited from passing on these questionnaires in their entirety or in substantial parts or from reproducing or redesigning them – whether temporarily or permanently.
8 Data protection
9 Amendment of the General Terms and Conditions
9.1 SnoreFree reserves the right to change or update the Terms and Conditions due to changes in the law, changes in jurisdiction or from time to time. SnoreFree will, for users with a registered e-mail address, inform users via e-mail and on the website about the amended terms and conditions and make them available for inspection. Any objection must be made in writing by email to email@example.com within 4 weeks of notification of the changes.
10 Applicable law and place of jurisdiction
10.1 These General Terms and Conditions and the entire legal relationship shall be governed exclusively by Austrian law with the exception of the conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
10.2 The place of performance of this contract and the exclusive place of jurisdiction for all disputes – insofar as an agreement on the place of jurisdiction does not violate mandatory law – is Vienna, Austria.