General Terms and Conditions "eLina
- 1 Scope
(1) These General Terms and Conditions ("GTC") shall apply between
CureCurve Medical AI GmbH
Jungbusch Str. 18
and the users of the app "eLina" offered by CureCurve. These T&Cs govern the terms and conditions for the download and use of the App.
(2) By using the app, the user agrees to these GTC.
(3) In addition to these GTC, regulations of the respective sales platform (app stores) may apply to the download of the eLina app. In the event of a discrepancy between the GTC and the regulations of the app store, the latter regulations shall take precedence.
(4) These GTC do not govern the relationship between the user and a treating facility. This relationship is governed exclusively by the treatment contract concluded between the user and the treating facility.
- 2 Scope of services
(1) CureCurve will provide users with the eLina mobile app free of charge as part of the 12-month study.
(2) The essential function of eLina for the user is the provision of digital therapy plans such as medication and nutrition plans as well as exercises and knowledge modules.
(3) An unrestricted availability of the App cannot be technically guaranteed, as the use requires access to telecommunication networks and connections, over which CureCurve has no influence. CureCurve endeavors to reduce operational interruptions, for example due to care or maintenance work on hardware and software, as far as possible.
- 3 Registration
(1) CureCurve will make the App available for download to compatible devices in appropriate app stores.
(2) The user registers in the app with his name, e-mail address and a password of his choice.
(3) At the time of registration, the user must be of legal age and have unlimited legal capacity.
(4) Download and registration are free of charge.
(5) eLina can be used on any number of end devices via the access data.
- 4 Revocation
As a consumer, you are entitled to a right of revocation in accordance with the instructions listed in the appendix. A consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.
- 5 Right of use
(1) CureCurve grants the User a simple, non-transferable right to use the App eLina as well as the content received in the App for the duration of the contractual relationship as intended.
(2) Further rights, in particular to reproduce the software beyond the extent necessary for the intended use, are not granted.
(3) The source code shall not be made accessible to the User. The User undertakes not to reverse engineer, disassemble, decompile, translate or make possible any unauthorized disclosures, unless this is permitted by applicable mandatory law.
- 6 Data protection
If personal data is collected in the course of using the app, the parties shall ensure that data protection regulations are observed.
- 7 Warranty and liability
(1) CureCurve guarantees the functional and operational readiness of the App in accordance with the provisions of this Agreement and otherwise in accordance with the statutory warranty provisions for defects.
(2) CureCurve is liable to the user according to the legal regulations in case of culpable injury of life, body and health as well as in case of intent and gross negligence without limitation.
(3) In case of slight negligence, CureCurve is liable only in case of violation of essential contractual obligations.i.e. obligations, whose fulfillment makes the proper execution of the contract at all possible or whose injury endangers the reaching of the contract purpose and on whose observance the other party may trust regularly. In these cases, however, the liability is limited to the compensation of the foreseeable, contract-typical damage.
(4) The above limitations of liability shall not apply to liability under the German Product Liability Act (Produkthaftungsgesetz) or to warranties assumed by a party in writing.
(5) The foregoing shall also apply to the liability of the legal representatives or vicarious agents.
(6) In all other respects, liability for damages and reimbursement of expenses - on whatever legal grounds - is excluded.
In particular, CureCurve is also not liable for the therapeutic success through the use of the app. The treatment is carried out solely by the treating physicians who are connected to the user account of the user. The eLina App is classified as a medical device of class I (Directive (EU) 2017/745 on medical devices) certified throughout the EU. However, the app does not replace a medical examination, nor does it constitute a medical or medical consultation service. Treatment is provided solely by the treating physicians who are connected to the user's account. CureCurve is not responsible for decisions made by the treating physicians or the user based on the content presented in eLina.
- 8 Duties of the user
(1) The user is obliged to comply with these General Terms and Conditions.
(2) The successful use of the Provider Software is dependent on a functioning, uninterrupted and sufficiently strong Internet connection of the User.
(3) The contractual use of the Provider Software requires that the mobile device used by the User meets the minimum technical requirements for use.
(4) The user is responsible for ensuring that the information provided in the app is true and complete.
(5) The user undertakes to treat the access data confidentially, in particular to keep it secret, to protect it from access by third parties and not to pass it on to third parties.
(6) The user must notify the provider immediately of any use of his user account by unauthorized persons. Insofar as the user is responsible for the unauthorized third-party use and the provider has suffered damage as a result, the user is obligated to compensate the provider for this damage.
(7) The user undertakes not to use the app for purposes other than those for which it is intended, not to behave improperly and not to store, distribute or make accessible any criminal or illegal content of any kind on the app.
(8) CureCurve is entitled to block a user account if there is sufficient suspicion that the user has violated these GTC.
- 9 Termination
(1) The usage relationship is concluded for an indefinite period of time.
(2) The user may terminate the use at any time with a notice period of one month to the end of the month.
(3) The right of both parties to extraordinary termination for good cause shall remain unaffected.
(4) Notice of termination must be given in text form.
- 10 Changes to the terms and conditions
(1) CureCurve may change and amend these Terms and Conditions at any time with effect for the future. The changes will be given to the User at least four weeks before coming into force.
(2) If the user does not object to the change within two weeks of receipt of the change notification, the changed terms and conditions shall be deemed accepted.
(3) If the user objects to the change within the 2-week period from receipt of the change notification, CureCurve is entitled to terminate the contractual relationship as a whole extraordinarily without notice, without the user accruing any claims against CureCurve from this.
- 11 Final provisions
(1) German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The contractual language is German.
(2) The exclusive place of jurisdiction is Mannheim, provided that the users are merchants, legal entities under public law or special funds under public law.
(3) No tacit, oral or written collateral agreements have been made.
(4) Should any provision of these General Terms and Conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by the respective statutory provisions.
RIGHT OF REVOCATION
You have the right to cancel this contract within fourteen days without giving any reason.
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample withdrawal form, which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
Your right of withdrawal expires prematurely if we have fully performed the service and have only started to perform the service after you as a consumer have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
Sample cancellation form
If you wish to cancel your contract, please fill out this form and return it to us by mail or e-mail.
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods/provision of the following service(s) (*):
Ordered on(*)/received on(*):
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s)
(only in case of communication on paper):
(*) Delete as applicable.