Terms & Conditions & Imprint
Imprint:
Nukkuaa GmbH Hauptstraße 18
5071 Wals-Siezenheim
Austria
Email: hello@sleep2.com
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 Act (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
Webdesign & Implementation: dotsandlines GmbH
General Terms and Conditions
1. Scope and Basics
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 sleep², a sleep analysis & therapy application for mobile devices ("App") operated by us.
1.2. The app essentially offers you sleep therapy associated with a highly accurate sleep analysis, where biological data is regularly measured during sleep using sensors and read out using an algorithm.
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 generally intended for consumers according to § 1 Consumer Protection Act (KSchG). The use of the app for commercial and commercial purposes as well as for scientific research purposes is generally not permitted and is 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 as well as your email address during registration and create a password that will be used in conjunction with this email address.
2.2. As a registered user, you will have access to certain areas, features, and functions of the app that are not accessible to unregistered users.
2.3. You can only register for 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, accurate, 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 as well as any other security breach.
3. Subscriptions
3.1. As the owner of a user account, 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") through 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 latest when 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 the renewal until cancellation. To prevent the deduction of the next monthly subscription costs from the payment method provided by you, you must cancel your subscription before it renews for another month. A refund of partial subscription times is excluded.
3.5. The costs of the annual subscription are paid in the form of a one-time advance payment. The annual subscription is renewed at the end of the respective subscription period for another 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 renews for another year. A refund of partial subscription times is excluded.
3.6. The costs for our indefinite subscription are paid in advance.
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, which include taxes and other costs. The prices will be displayed to you before you submit your paid subscription offer. The price is due in advance when concluding 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 charges caused by payments to your account are at your expense. If a payment does not reach us via the payment method specified by you, 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 authorized 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 of concluding the contract without stating any reasons. To exercise your right of withdrawal, you must inform us of your decision to withdraw 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 in accordance with the respective contractual provisions of the respective app store.
5.2. In the event of an effective withdrawal, the mutually received services must be returned, and any economic advantages must be surrendered. If you are unable to return the received service in whole or in part, you may be required to provide compensation in relation to the period during which the services were used. This may mean that you still have to 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. You can also exercise this right of withdrawal 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 taking into account 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, particularly in the event of gross violations of the GTC or the app's user rules.
7. Warranty and Liability
7.1. We strive for the 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 due to which our services are not accessible via the internet cannot be excluded. Claims for damages and/or warranty claims for such failures 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 error-free.
7.2. Your use of the app is at your own risk. This applies in particular to the use of the hardware used in the process (such as heart rate sensors, pulse meters, etc.) as well as 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 healthcare providers nor providers of medical products. The app does not constitute medical advice. The app and all content of the app are not a supplement or replacement 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 scope of existing statutory provisions for damages only if damage was caused by us with gross negligence or intent. In the case of slight negligence, we are only liable for injury to life, body, or health. For entrepreneurs, the replacement of consequential damages and mere financial losses, lost profit, and damages from claims of third parties - insofar as mandatory law does not oppose this - is excluded, and our liability is limited to the sum of the payments made by you to us under the concluded contract. The existence of slight or gross negligence must be proven by the injured party unless it is a consumer transaction, and our liability is limited to the sum of the payments made by you to us under the concluded contract.
7.5. Unless legally mandatory, we are not liable for damages that may arise from the use of content accessible via the app, particularly for damages that may arise from 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 through your use of the app and its content, provided the infringement is due to a culpable act on your part.
7.7. We do not guarantee external links, banners, or other information and advertising offers placed in the app. Legal transactions that arise as a result between you and a third-party provider lead to contractual relationships exclusively between you and the third-party provider. We assume no warranty 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 send automated 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 the privacy policy of sendinblue: https://de.sendinblue.com/lega....
8.2. In the course of using the app, you may be asked to provide us with certain personal information.
8.3. Please note regarding this and generally regarding data protection, data processing, and your rights, which you can access under https://www.sleep2.com/. These are part of these general terms and conditions.
9. Intellectual Property Rights
9.1. We reserve all rights, particularly copyrights, usage rights, and trademark rights, to the app and all content provided in the app.
9.2. The content compiled in the app is works created 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 within the framework of the provisions of the GTC on a compatible device that you own or control. You acquire only a non-exclusive and non-transferable right to use the content retrieved in the app within the framework of the GTC. This right is limited to the usage period agreed for the respective content. In particular, the right to use older versions of content in the event of subscriptions ends with the end of the subscription. Any use outside of these guidelines, particularly distribution, public accessibility, and commercial use, requires our prior express written consent.
9.4. You undertake to refrain from the following actions in relation to the app and the content provided there, not to support third parties in performing these actions, and not to permit them to perform these actions: (i) copying, storing, reproducing, transmitting, modifying, (ii) renting, leasing, lending, making publicly available, selling, or distributing in whole or in part, (iii) manipulating or circumventing technologies used to protect the content accessible via the app, (iv) circumventing territorial restrictions applicable to the app, or (v) using the app in a way that constitutes a violation of the GTC or other contractual terms.
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 content or to reuse it in other software. This does not affect the mandatory legal provisions under the Copyright Act.
10. Jurisdiction, Applicable Law, Contract Language
10.1. Austrian law applies, excluding the UN Sales Convention and the referral norms of Austrian international private law.
10.2. The exclusive jurisdiction of the court competent for Salzburg, Austria, is agreed for legal disputes. If you are a consumer according to the Consumer Protection Act, the jurisdiction of the court competent for your place of 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 and 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 within one month of notification in writing and/or by deleting your user account. 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 notified email address of the respective other party. If a declaration is sent to the last notified email address, it is deemed to have been received by the respective party.
12.2. Should any provision of these GTC be invalid, a valid provision that (i) is legally provided in the case of consumers or (ii) in the case of entrepreneurs comes closest to the original provision in its economic effect shall replace this provision. The remaining provisions of these GTC remain effective 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 online dispute resolution platform (OS platform) at https://ec.europa.eu/consumers/odr/. This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase contracts. We are neither obliged nor 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 against it, we are still entitled to exercise our rights on any other occasion where you violate these GTC.