Terms & Conditions & Imprint

Imprint:

Nukkuaa GmbH Hauptstraße 18
5071 Wals-Siezenheim
Austria

Company registration number: FN581365z
Commercial court: Regional Court Salzburg
Authority according to ECG (E-Commerce Act): Magistrate of the City of Salzburg
Chamber: Salzburg Chamber of Commerce
Commercial law: Trade Regulation (to Trade Regulation)

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 ResearchHellbrunner Str. 34,5020 Salzburg, Austria

Web design & implementation: dotsandlines GmbH

General Terms and Conditions

1. Scope and Fundamentals

1.1. These General Terms and Conditions ("GTC") apply between us, Nukkuaa GmbH, FN 581365z, Hauptstraße 18, 5071 Wals-Siezenheim, Austria, and you, as a user of the app sleep² operated by us, a sleep analysis & therapy application for mobile devices ("App").

1.2. The App essentially offers you a sleep therapy associated with a highly precise sleep analysis, in which biological data is regularly measured by sensors during sleep and evaluated and interpreted using AI algorithms.

1.3. These GTC govern the 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 primarily intended for consumers as defined by § 1 of the Consumer Protection Act (KSchG). The use of the App for commercial and business purposes as well as for scientific research purposes is generally not permitted and only allowed with our prior express written consent.

1.6. These GTC are valid from August 8, 2022, until revoked.

2. Registration

2.1. You can register as a registered user of the App and create a user account. To do this, you must provide us with your first and last name and your email address during registration and create a password that is used in conjunction with this email address.

2.2. As a registered user, you gain access to certain areas, features, and functions of the App that are not accessible to unregistered users.

2.3. You can register for only one user account.

2.4. By registering, you confirm that (i) you have taken note of the GTC and fully acknowledge their content and (ii) all your information provided during registration is true, correct, current, and complete.

2.5. If you provide false or incomplete information, we are entitled to block or delete your user account with immediate effect and without prior notice and to prohibit the current and future use of the App in whole or in part without refunding costs. We are entitled to contact you to verify your registration data.

2.6. You are responsible for keeping your password and user account confidential and must not disclose your login details and/or password to third parties. You must notify us immediately in writing of any unauthorized use of your password and/or user account and any other security breaches.

3. Subscriptions

3.1. As a user account holder, you can access a paid subscription that grants you access to all content that is part of the subscription.

3.2. You can purchase a paid and indefinite 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, taking into account the general terms and conditions and terms of use of these store providers.

3.3. An indefinite subscription ends at the time we discontinue the commercial distribution of the App.

3.4. The costs of the Monthly Subscription are payable in monthly installments. The payment method provided by you will automatically be charged with the monthly subscription fees for renewal until termination. To prevent the deduction of the next monthly subscription costs from the payment method provided by you, you must cancel your subscription before it extends for another month. Partial subscription times are excluded from reimbursement.

3.5. The costs of the Annual Subscription are paid in the form of a one-time advance payment. The Annual Subscription is automatically renewed at the end of each subscription period for an additional year. To prevent the deduction of the next annual subscription costs from the payment method provided by you, you must cancel your subscription before it extends for another year. Partial subscription times are excluded from reimbursement.

3.6. The costs for our indefinite subscription are paid in the form of an advance payment.

3.7. The prices depend on the respective subscription. Current prices can be found on our website or in the Apple App Store and the Google Play Store.

3.8. The prices for paid subscriptions are final prices, including taxes and other costs. The prices will be displayed to you before you submit your paid subscription offer. The price is due in advance upon conclusion of the paid subscription contract. The payment methods vary depending on the country you are in and the technically feasible payment methods available there. The payment methods will be displayed before you conclude the paid subscription contract. Bank fees caused by payments on your account are at your expense. If a payment does not reach us via the payment method you specified, you are obliged to pay all due amounts upon our request.

4. Use of the App by Minors

4.1. To register, you must be at least 18 years old or of legal age according to the regulations 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 guardian through that person's account in accordance with these GTC.

4.2. By registering, you confirm that you are entitled to conclude contracts in your own name according to the applicable regulations.

5. Statutory Right of Withdrawal and Withdrawal Instructions for Consumers

5.1. If you are a consumer within the meaning of § 1 KSchG, you can withdraw from the paid subscription contract concluded with us in writing, e.g., by letter or email, within 14 days after the conclusion of the contract without giving any reasons. To exercise your right of withdrawal, you must inform us of your withdrawal decision by means of a clear statement (e.g., by a letter sent by post or fax or an email) to the following contact details: Nukkuaa GmbH, Hauptstraße 18, 5071 Wals-Siezenheim, Austria; Email to: hello@sleep2.com

We would like to clarify that apps purchased through an App Store are managed by Apple or Google, and
changes/cancellations of the subscription can only be made according to the respective contractual provisions of the respective App Store.

5.2. In the event of a valid withdrawal, the services received by both parties must be returned, and any economic benefits must be surrendered. If you cannot return the received service in whole or in part, you may have to compensate us for the value in relation to the period during which the services were used. This may mean that you must fulfill the contractual payment obligations for the period up to the withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration, for us with its receipt.

5.3. The exercise of this right of withdrawal can also be carried out using the following withdrawal form:

I/we (*) hereby declare that I/we (*) withdraw from my/our (*) purchase contract for the following goods (*) / contract for the provision of the following service (*):

Ordered on (*)/Received on (*):
Name of the consumer(s):
Address of the consumer(s):
Email address of the consumer(s) used for registration with our products/services:
Signature of the consumer(s) (only if this form is submitted in paper form):

Date:

(*) Please delete as applicable

6. Termination

6.1. You can terminate the use of the App at any time through your user settings. Subscriptions can be terminated subject to 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, especially in the case of serious violations of the GTC or the user provisions of the App.

7. Warranty and Liability

7.1. We strive for constant availability of the App and its services. Downtimes due to maintenance, software updates, and circumstances (such as technical problems of third parties, force majeure) that are beyond our control or through which our services are not accessible via the Internet cannot be excluded. For such failures, claims for damages and/or warranty claims are excluded. We also do not guarantee that the App is constantly, completely, and error-free available or that the required software and hardware work without errors.

7.2. Your use of the App is at your own risk. This applies in particular to the use of the hardware used (such as heart rate sensors, pulse meters, etc.) as well as to the utilization of the data and recommendations created by us via the App or provided to you by us.

7.3. We are neither healthcare providers nor suppliers of medical devices. The App does not constitute medical advice. The App and all content of the App are not a supplement or substitute for information from a doctor or pharmacist. By agreeing to these GTC, you confirm that you are solely responsible for your health.

7.4. We are liable within the framework of the existing legal provisions for damages only if damage was caused by us through gross negligence or intent. In the case of slight negligence, we are only liable for injury to life, body, and health. For entrepreneurs, the replacement of consequential damages and mere financial losses, lost profits, and damages from third-party claims - insofar as mandatory law does not oppose this - is excluded, and our liability for compensation is limited to the sum of the payments made by you to us under the concluded contract. The presence of slight or gross negligence must be proven by the injured party, unless it is a consumer transaction, and our liability for compensation is limited to the sum of the payments made by you to us under the concluded contract.

7.5. Unless required by law, we are not liable for damages that may arise from the use of content accessible through the App, especially for damages caused by errors, viruses, or data loss.

7.6. You indemnify us from all claims that third parties assert against us due to a violation of their rights by your use of the App and its content, provided that the infringement is attributable to a culpable act by you.

7.7. We do not guarantee external links, banners, or other information and advertising offers placed in the App. Legal transactions that arise between you and a third-party provider as a result lead to contractual relationships exclusively between you and the third-party provider. We assume no guarantee or liability for products and/or services from third-party providers.

8. Email Services and Data Protection

8.1. The App uses an email service provided by sendinblue. Using this service, we automatically send emails to our users. For this purpose, the following data, for example, is transmitted: email address, first name, last name. Further information can be found in sendinblue's privacy policy: to Sendinblue's privacy policy.

8.2. In the course of using the App, you may be asked to provide us with certain personal information.

8.3. Please note in this regard, as well as generally regarding data protection, data processing, and your rights, which you can access on the sleep² Webpage. These are part of these general terms and conditions.

9. Intellectual Property Rights

9.1. We reserve all rights, especially copyrights, usage rights, and trademark rights, to the App and all content provided in the App.

9.2. The content compiled in the App consists of works manufactured 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 license to download, install, and use the App under the provisions of the GTC on a compatible device that you own or control. You acquire a non-exclusive and non-transferable right of use to the content accessed in the App under the GTC. This right is limited to the usage period agreed upon for the respective content. In particular, the right of use to older versions of content in the case of subscriptions ends with the end of the subscription. Any use outside of these specifications, especially distribution, public accessibility, and commercial use, requires our prior express written consent.

9.4. You undertake, in particular, to refrain from the following actions concerning the App and the content provided there, not to support third parties in carrying out these actions, and not to allow them to perform these actions: (i) copying, storing, reproducing, transmitting, modifying, (ii) renting, leasing, lending, making publicly available, selling, or distributing as a whole or in parts, (iii) making manipulations or circumventing technologies used to protect the content accessible through the App, (iv) circumventing territorial restrictions that apply to the App, or (v) using the App in a manner that constitutes a breach of the GTC or other contractual conditions.

9.5. You are not permitted to decompile, reverse engineer, disassemble, attempt to derive the source code, decrypt, modify, or create derivative works of the App or its contents or reuse them in other software. Mandatory legal provisions under copyright law remain unaffected.

10. Jurisdiction, Applicable Law, Contract Language

10.1. Austrian law applies, excluding the UN Sales Convention and the conflict of laws rules of Austrian international private law.

10.2. For legal disputes, the exclusive jurisdiction of the court competent for Salzburg, Austria, is agreed. If you are a consumer as defined by the Consumer Protection Act, the jurisdiction of the court competent for your residence or habitual abode is agreed for legal disputes. Other existing jurisdictions for consumer claims against us remain unaffected.

10.3. The contract 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 are entitled to change these terms and conditions at any time. We will inform you of such changes either by sending the amended GTC to the email address provided during registration or by publishing them in the App. The change of the GTC entitles you to terminate the contractual relationship in writing and/or by deleting your user account within one month of notification. If you do not terminate within this one-month period, the amended GTC are considered agreed.

12. Other Provisions

12.1. All legally binding declarations based on this contract must be made in writing to the last known email address of the respective other contracting party. If a declaration is sent to the last known email address, it is considered received by the respective contracting party.

12.2. If any provision of these GTC is invalid, it will be replaced by a valid provision that (i) in the case of consumers is legally provided or (ii) in the case of entrepreneurs comes closest to the original provision in its economic effect. The remaining provisions of these GTC remain valid in any case.

12.3. Deviating or supplementary terms and conditions of the user do not become part of the contract unless we have expressly agreed to their validity.

12.4. The EU Commission provides an internet platform for online dispute resolution (OS platform) OS Platform of the EU Commission. This platform serves as a contact point for out-of-court resolution of disputes arising from online purchase contracts. We are not obliged and not willing to participate in a dispute resolution procedure before a consumer arbitration board.

12.5. If you violate these GTC and we take no action, we are still entitled to exercise our rights on any other occasion on which you violate these GTC.