Mysugr gmbh
Terms and conditions (agb)
Version of 25 september 2018
Contents:
1. scope
1.1 our products
1.2 in our agb
1.3 Drittanbieter
Data protection.
3. conclusion and registration
3.1 acquisition and pay our products
3.2 registration and Freischaltung
Termination of the contract and withdrawal.
4.1 information concerning the exercise of the right of withdrawal
4.2. exceptions to the right of withdrawal
Use of our products.
5.1 life and termination
5.2 suspension and exclusion
5.3 licence and Rechteeinräumung
5.4 availability of our products
Your behavior.
6.1 general
6.2 abuse
Our responsibility.
7.1 guarantee and liability
7.2. disclaimer and exemption
Specific provisions.
8.1 mysugr Bolusrechner
9 final provisions
9.1 choice
9.2 jurisdiction
11 other
This agb are in their up-to-date versions available on our website and when available. www.mysugr.com pdf-download
1. scope
1.1 our products
1.1.1 the
Mysugr gmbh
1010 wien, trattnerhof 1
720 884555 + 43, support @ mysugr.com
Fn 376086 v (vienna) commercial court
Dvr 4015732 and Atu67061939
Mysugr (), ") develop and operate an interactive platform and mobile applications (apps) for diabetics.
Mysugr is a digital company want you as a health and offer to diabetics Rundumversorgung obstacles and problems. to minimise Therapie-alltag
With our products and services we are solutions available to your daily to simplify Diabetes-management
1.1.2 as part of our products, we are prepared to make the information and content in good conscience and with the greatest care from internal and external sources compiled.
However, we would emphasize that our products and services only serve your information and raising awareness, however, the consultation and diagnosis of a doctor can not replace them.
Mysugr guidance or not granted medical medical advice of any kind whatever.
For issues relating to the disease and therapy, we recommend to contact a doctor.
The evaluation of the data provided is exclusively you and your doctor or diabetes nurse will tell.
All content-whether by itself, our partners or users mysugr made available-are not as a supplement or substitute to information of a doctor or pharmacist to understand.
1.1.3 mysugr offers a variety of products (apps) and services (services), and combinations thereof (bundles.) for your Diabetes-management
For convenience, all-current and future-apps, and services (including bundles, updates and other improvements), Neuversionen the in any way always available mysugr, hereinafter " products ', " together or individually ' product.
Anyone one or more of our products and uses is below acquires individually or jointly, " users '.
Agb relating to natural persons, unless they are set out below, only names in a masculine form these relate to all persons alike.
1.1.4 in connection with this, the following definitions: agb on individual products
Apps
Mysugr diary (logbook) is a self-employed (app) for your smartphone mobile application or tablet to the documentation of your daily life as a diabetic.
Our production of logbook is functionally restricted. mysugr
Mysugr call per full of mysugr logbook. full version
Mysugr per is a and offers many with whom you your diabetes or any additional features better handle.
Mysugr Bolusrechner (bolus) calculated from your settings calculator in a few steps your insulin or carbohydrates.
Our Bolusrechner is a, in combination with mysugr per additional service is available.
Services
Mysugr coach, temporary and offers a broad independent information from local certified and. Diabetesberatern Diätassistenten
Mysugr coach can you in some countries as an extension of mysugr benefit. per
Bundles
Mysugr package (bundle) is your and features and extensions as per Rundumversorgung mysugr and coach, and a Bolusrechner mysugr our cooperation partners and supply of your Blutzuckermessgerät (automatic Teststreifen demand oriented is subject to reaction test strips; supply of, i.e. only one measurement and actual measurement is an order and the corresponding recording supply from). reaction test strips;
Mysugr availability and the composition of the bundle shall be kept.
1.1.5 on any specific features of individual products, we on the one hand in our (available in our apps or Benutzerhandbüchern our website), the in the respective (section 8) specific provisions.
1.2 in our agb
1.2.1 we offer all products exclusively based on these general terms and conditions (agb) in its up-to-date version, worldwide, with the exception of the united states and canada.
Conflicting conditions or other conditions contradicts. specifically mysugr
1.2.2 please note that before you first use of our products and all the declarations and agreements, this agb referred to therein and must accept by any further use for an.
Without your support for our agb are registration and use our products be prohibited.
1.2.3 future adjustments and objectively justified changes to our agb we reserve specifically.
Adjustments may be necessary in order to meet legal requirements, engineering and economics or to comply with the interests of our users to.
Such changes are always possible and we shall as appropriate before entry into force, each user within one month inform in writing from the notification disagree with.
Is no contradiction here, is the continued use of our products each new terms.
1.3 Drittanbieter
1.3.1 App-stores, of course, do you think our products.
There conditions are normally of each of which we have no influence (Drittanbieters), not part of our agb still with you as our contract users of our products are.
The same applies to your equipment or. Mobilfunkanbieters conditions
1.3.2 to maximise our products we are working with various partners.
Include about cooperation partner, the us or directly our users with individual products (e.g.,) supply, as well as insurance Blutzuckermessgeräte reaction test strips; that might be the cost of our products for you take over.
In such cases, we specifically applicable either a down, or you've got to conditions Drittanbieters such terms and conditions before you already accept one of our products on Drittanbieter. can acquire
Data protection.
We great responsibilities, the use of our products brings your.
You ask us not only to your general data, but also to your health person data available.
Datenschutzerklärung we in our on the use and protection of your data related to the use of our products, as well as on your necessary for consent.
Without your consent for the necessary data protection is the use of the products and legally Datenver-arbeitung virtually impossible.
Our privacy statement is not part of this, it is only your information agb as, on the basis of your Datenschutz-grundverordnung consent for the necessary data processing. erteilst
3. conclusion and registration
3.1 acquisition and pay our products
3.1.1 our products different ways to be acquired:
Apps and services
App-stores (such as apple / itunes app store or provide products. our Googleplay
Please note that there for the acquisition of (not): the use of our products, and their own terms and conditions of App-stores. account provided
Our website provides a direct access to our own Login-bereich and products, above all for the mysugr package.
Vouchers voucher (codes) for our products are constantly in circulation on our website, and can be fulfilled.
Bundles
Therapiegeräte are partly together with our products displaced.
So can you make your and other with our app connect Therapiegeräte Blutzuckermessgerät.
(Whether by law or private insurance) work with together to diabetic patients with our products mysugr to support.
Any costs of our products are covered by the insurance paid either directly or in accordance with your reimbursed. Versicherungstarif
If your insurance already with us, you can always cooperates with us to find out.
3.1.2 paid our products can you on our website, on or within our apps acquire. App-stores
Settlement shall be made on the account of the specified. with App-stores Bezahlmöglichkeiten
The respective act as a mediator and either app store or as a salesman. payment service provider for mysugr
In any case, you can download or problems with payment of us always in support shall apply. @ mysugr.com
3.1.3 Nutzungsentgelte or purchase prices (including vat) are legal, depending on supply and selection-to pay or to store (e.g. monthly, half-yearly or annual).
Current charges are in our and the app and immediately beforehand to pay appropriate App-stores due.
We can you as far as the resolution is not directly on the app store-is invoices and e-mail information. Zahlungserinnerungen
Schuldhaften timely, not in the case of or not full payment we are entitled to your access to our products to block.
Your obligation to pay the reasoning holds. Nutzungsentgelts
3.1.4 we shall explicitly, restrict entirely free products at any time. or to payment
From free use of individual products or parts of it for a period of time is not available for the future legal right.
3.1.5 mysugr may also make special or what additional conditions or restrictions Gratisangebote may be subject to.
In this respect, we explicitly to any deviations from this down, and in fact the agb agb subscribe to remain applicable.
Gratisangebote special or on to other users are not transferable.
3.2 registration and Freischaltung
3.2.1 the use of our products is your registration in advance. in our apps mysugr
As soon as you our product, you first, hit by email and password to register). (mysugr-id
Each user can only create a, and each can only mysugr-id users are used by a mysugr-id.
3.2.2 registration with the user based on this agb in the up-to-date version message to be binding offer on the use of our products, which mysugr we explicitly, at the latest by you or by dispatch were appointed Freischaltung mysugr-id. "
3.2.3 Freischaltung the you'll immediately after the registration with a separate e-mail confirmed.
We shall in individuals or their offer to contract without giving any reason.
In such a case are already reimbursed payments and submitted data of user immediately removed.
3.2.4 with registration of users, confirmed at least sixteen years old and according to current legislation to be entitled to conclude contracts.
Only geschäftsfähigen persons are allowed to independently registered.
Minors is this only with the express agreement of the guardians allowed.
A Scan-kopie written consent to this is to send. @ support mysugr.com
With registration if the guardians, to submit declarations on behalf of the legal right to minors.
3.2.5 user information in the registration confirmed his and full recognition of the content of this, and that all his true information agb, right, up to date and complete, and undertakes to information be updated regularly.
We reserve to ourselves the users in contact at any time verify Nutzungsinformationen and registration data
3.2.6 gives the user false, incorrect or incomplete, outdated information, or we have reasonable grounds to believe that information is wrong, incorrect or incomplete, outdated, is entitled to that mysugr with immediate effect and mysugr-id without giving prior notice to block and the use of our products to prohibit without to be committed to the user costs rückzuerstatten.
3.2.7 user has its registration information against unauthorised access, misuse or third fraudulently outsourcing use.
Already suspected that his such a threat could be mysugr-id is immediately reported. @ support mysugr.com
Mysugr-id each, we have the right to block, it should to a user abusive or fraudulently made use.
Termination of the contract and withdrawal.
4.1 information concerning the exercise of the right of withdrawal
4.1.1 if you our products not for commercial or professional purposes, you're as independent uses the right message consumers or consumer to withdraw: in accordance with the following provisions mysugr
W i t h e r s o f e b l e h r e n
The right of withdrawal
You have the right, within 15 days of the contract without giving any reason to withdraw.
The withdrawal period is 14 days from the date of the contract () or from the date of digital content Freischaltung, on which the consumer or a third party appointed him, not the carrier, the were claimed (physical delivery).
For your exercise, you have to us, the right of withdrawal, 1, 1010 wien gmbh mysugr trattnerhof, telephone, e-mail 720 + 43 support by @ 884555 mysugr.com statement (e.g. a clear e-mail or by mail consigned) on your decision, letter this treaty to withdraw information.
You can use the attached model withdrawal form, but is not required.
To meet the withdrawal, it is sufficient that you the communication on the exercise of the right of withdrawal before the withdrawal period absendest.
Effects of withdrawal
Widerrufst if you, we have this treaty which we you all payments from you have received, including any (with the exception of the additional costs, delivery costs resulting from you to a type of delivery other than the us offered, choose), immediately and advantageous Standardlieferung at the latest within 15 days from the date on which the communication on your repay withdrawal has been received. this treaty with us
Repayment we use for this means you the same for the initial transaction used have unless otherwise expressly agreed with you; in any case, you about this repayment charges calculated.
Please note that, if the cost of withdrawn your health insurance you goods or services already reimbursed-to you a corresponding tarifmäßig health insurance can be. your right of recourse
Repayment we can refuse until we were back, or, until you have demonstrated that you were returned have whichever is the earlier.
You've got the goods promptly and in any event not later than 14 days from the date on which you are to revoke this treaty on teaching gmbh, 1, 1010 vienna mysugr trattnerhof, tel. + 43 720, e-mail, return support @ 884555 or to throw up. mysugr.com
The deadline shall be met if you the goods before the deadline of 15 days absendest.
We shall bear the cost of returning the goods.
You must for any diminished value of the goods only if that resources on a depreciation with respect to the nature, characteristics and functioning of the goods need not dealing with them.
You requires that the services during the withdrawal period should begin, then you have us a reasonable amount to pay to the proportion of up to the date on which you us from exercising the right of withdrawal in respect of that treaty, already in relation to the services provided teaching coverage of the contract services.
W i t h e r s f u f o r m u l a r
Treaty revoked if you want, that means in this form and send it back, to
Mysugr gmbh
1010 wien, trattnerhof 1/5 og
Support @ mysugr.com
I hereby renounce my contract concluded on the purchase of the following goods / for the provision of the following service:
Ordered on / received on:
Mysugr-id, name and address of the consumer:
Date and signature (only in the communication on paper)
4.2 exceptions to the right of withdrawal
4.2.1 you have no right of withdrawal for contracts for the supply of not on a tangible medium stored digital content, if we-with your express consent, coupled with regard to the loss of your () in the early start of cancellation and withdrawal right of withdrawal performance of the contract and to provision of a copy or confirmation pursuant to article 7 (3), before the expiry of the existing otherwise FAGG consumer with the supply have started.
In accordance with article 7 (3) the users within a reasonable time is FAGG after the conclusion of the contract and at the latest before the start of service provision, a confirmation of the contract concluded on a durable medium (e.g. e-mail) associated with the information referred to in paragraph 4, par 1 made available, if FAGG such information is not already on lasting media were made available.
The Vertragsbestätigung contains, however, a confirmation of the approval of the immediate payment and the information of the user of the resulting state (.) cancellation and withdrawal right of withdrawal
4.2.2 you did also not for contracts which were sealed on termination of the contract are delivered and on public health grounds or it's more hygienic not suitable for return are provided the sealing after the delivery has been removed.
Not technically nor economically possible to check that the goods ordered after receiving used in contact with body fluids, (in part), or mixed with elements of the contaminated products properly stored have been-a recycling or a new marketing of such products to be their us and producers shall be prohibited.
Controlled health and should therefore be given the right of withdrawal right of withdrawal) excluded. (Haltbarkeitserfordernisse
Use of our products.
5.1 life and termination
5.1.1 your authority to use our products begins with registration and by Freischaltung mysugr.
5.1.2 our free products can you permanent. in principle use
The useful life of products which you involving, in particular, the health insurance (your beziehst package) depends on the respective mysugr insurance and conditions.
5.1.3 paid our products can in the form of monthly or, depending on the current supply also for Jahres-abonnements a shorter or longer service life (hereinafter " short ") are obtained. Abo-zeitraum
Abo-zeitraum is the relevant or you in our apps displayed. App-stores
5.1.4 both the users and are mysugr at any time giving notice of one month for ordinary termination with effect at all justified. Monatsletzten
This you can either by selecting " withdraw ' in your account of the abo, or in our website or App-stores Login-bereich by written notification to support us in @ do. mysugr.com
Please note that already paid for a spare charges in the event of termination by ordinary only Abo-zeitraum mysugr or in case of automatic termination (5.1.6 below) are reimbursed.
5.1.5 shall not or no termination shall continue the timely, automatically for a further, the previously Abo-zeitraum elected corresponding period. Abo-zeitraum
Here, the current at the time of renewal (not: Standardpreis prices any special or, or offers insurance) offset Gratisangebote.
Automatic renewal can you in the settings of your account in the app store disabled.
5.1.6 in case of death of the user or the withdrawal of the data protection is the Nutzungsverhältnis with immediate effect Einwilligungserklärung automatically.
Without your consent, it is not allowed to process your mysugr health data.
5.1.7 matters to your turn to the termination or useful life at any time to support us in @ mysugr.com.
5.2 suspension and exclusion
5.2.1 we reserve to ourselves, at any time from users to block (temporary just and proper grounds we think) or definitively by the use of our products.
Fristlosen where such a termination of the contract is a reimbursement of Nutzungsentgelten excluded.
5.2.2 one important reason is particularly where gross infringements of the user against, for example infringements of provisions of this agb before point 3.1 (payment), setting a two-week (point 3.2), against 49, point 5.3 (licence) registration data or section 6 (your behavior).
5.3 licence and Rechteeinräumung
5.3.1 Freischaltung with your registration and you don't, non-transferable erwirbst exclusive, but local absolute right, a copy of our app for their own purposes under this to save and make use of. agb
In case this licence with paid our products is limited in time. your Abo-zeitraums contractual period
5.3.2 software, the code, the methods and systems, as well as the content of our products and copyright as well protected, and competition law can only be realised by mysugr.
Our products, or parts thereof shall-without our prior written consent, neither copied, modified, reproduced, or posted still re-released, sold, offered for sale or transferred or in any way wiederverkauft be used.
Users should not be entitled, logos and other industrial protection and brands of m2. Kennzeichenrechte mysugr
Agb insofar as they provide otherwise, are all use and exploitation rights exclusively with or a related company and is mysugr konzernmäßig in terms of our products not licensing whatever.
5.3.3 insofar as the provision of our products is required, gives each user technically not exclusive, but a mysugr widerrufliches, time and local unentgeltliches, übertragbares recovery and a right to use those content unbeschränktes, which he within our products generated sent, stores, and published.
A use or recycling is excluded, provided that this legitimate interests of the user (e.g.). data protection rights disproportionate
Where use outside our products are, where we point out that is practicable, establish the contents by the user is.
Mysugr claimed no and no ownership created on the content of user created content exercise supervisory role.
5.4 availability of our products
5.4.1 we make our products each in accordance with the existing technical, economic, operational and organisational possibilities.
Mysugr interruptions, can any disorder, delays, deletion, or in connection with the use of Fehlübertragungen Speicherausfälle our products or the communication with users not exclude it.
Also we offer our products, including third party and are partly even the technical provision in foreign services dependent.
Mysugr assumes no responsibility, therefore, ensure liability or obligation, our products and at all times to keep. available online: unterbrechungsfrei
5.4.2, the same applies in the case of restrictions on the use of our products reasons of force majeure, strikes, lock-outs, and administrative arrangements, as well as for technical changes, or maintenance of the facilities mysugr.
Malfunction our products turn at any time in us please support under @ mysugr.com.
Your behavior.
6.1 general
6.1.1 each user is to mobilise and use our products each at their own risk and expense right and obligation to using appropriate technical equipment.
What terminals and operating systems are compatible with our products, drop you in the or at any time with us in support App-stores @ mysugr.com.
6.1.2 you are also obliged to our products only in accordance with these legal provisions, as well as to use and any agb misuse to refrain from.
, Breaches of obligations are mentioned in this section, please support to report immediately. @ mysugr.com
6.2 abuse
6.2.1 each user undertakes its registration data indicate and up-to-date and complete to hold true, and that no third pass.
Personal data are confidential, carefully and to manage on his own responsibility.
Mysugr does not guarantee or other liability for lost or damaged data or, if not content is due to our fault.
6.2.2 content such as photos, videos, images, texts or other images must in connection with our products stored, transmitted or published only insofar as the disseminated users on its dissemination and use is justified.
In any case, the use of racist,,,, or discriminatory offensive, or pornographic sexual verleumderischen otherwise illegal content in what way gewaltverherrlichenden is prohibited.
6.2.3 inadmissible, it is also our products to decrypt or disassemble dekompilieren zurückzuentwickeln.
User undertakes not disruptive interference with technical or electronic means in our products or in networks of enterprises (in particular, to mysugr, smuggling of viruses, Hacking-versuche Brute-force-attacken worms, trojans, other) as well as any kind of malware Störungsversuchen refrain from the products and systems of hardware or soft mysugr. may affect
Our responsibility.
7.1 guarantee and liability
7.1.1 unless they provide otherwise, agb and is under the guarantee is mysugr legislation.
7.1.2 towards users not consumers is a consumer or liability for mere, and damage, loss of revenue for Vermögensschäden sequelae from claims third excluded.
Where our liability in this limited or excluded, agb that applies agents and related companies of mysugr.
7.1.3 Produkthaftungsgesetzes is outside the scope of the liability of mysugr on, with the exception of intention and gross negligence personal injuries.
Light liability for negligence, given the subsequent material justifications excluded.
7.1.4 no guarantee for our products is mysugr, continuously available or fully and without the necessary Soft- and hardware is sound.
Furthermore, we can not exclude that a systems, especially the internet on foreign Datentransport and other telecommunications networks, recorded or distort followed by third parties.
7.1.5 mysugr does not guarantee that material or downloaded content of the users resulting from the use of our products.
Users alone shall be liable for any damage that his computer system could be or terminal or for the loss of information due to the materials in connection with our downloads products.
7.1.6 mysugr is also not guarantee, as foreign content left banner or other external information and by third parties, within the framework of our promotional offers products can be placed.
With notifications or left as far as we allow access to services of third is contained in the information for mysugr responsible.
Fact coming acts lead solely for contractual relations between the users and the relevant third.
We take no assurance or liability for other contributions by third parties.
7.2 disclaimer and exemption
7.2.1 the use of our products does not replace a medical consultation or any other medical advice and will therefore be solely at their own risk of the user.
This particularly applies to the use of goods, as well as for any recovery of as Blutzuckermessgeräten as part of our products data provided by the user, including readings calculations and any guidance.
Users adopted specifically note that such data can be flawed, and shall not be responsible for the accuracy. mysugr
7.2.2 where applicable rules that the use of the products medizinprodukterechtliche subject to require allowed the products only in accordance with the specifications and therapeutic indications holdings and used, Zwecksetzung are as defined in the tender and the conditions of use.
7.2.3 users is free to all claims of mysugr due to a violation of their rights schuldhaften mysugr third by the user in connection with the use of our products.
Mysugr claims over and above that of the user to shall remain unaffected.
7.2.4 users shall assume full liability for any damage and judicial or which conflicts with other disputes out-of-court users is based.
Users is specifically note that under no circumstances for mysugr acts or omissions by other users as well as it is responsible. damage incurred
7.2.5 mysugr by third parties in the event of mobilisation of is the immediately all users to provide correct and complete information at its disposal to for a test, defence and defense of the rights of third parties are required.
Users shall bear the costs of a necessary, including all judicial and Rechtsverteidigung mysugr in legal level. Anwaltskosten
Specific provisions.
The following provisions on individual our products are complementary to the other provisions of these agb, unless expressly provides for: contrary
8.1 mysugr Bolusrechner
Mysugr Bolusrechner is aimed solely at the 8.1.1 or fit therapy (or similar insulinpflichtige programmes) diabetic patients over 18 trained and assessments to complete regularly.
Bolusrechner minors should not be used or of persons or for their treatment use only Mischinsulin Langzeitinsulin, or physically impaired vision (e. g. with strong) or unable to their psychological therapy. to pursue independent
8.1.2 payment of you on the calculation of the required support Bolusrechner Insulin-dosis.
Mysugr Bolusrechners is a basis of calculation based on different user einzugebender parameters.
For an approximate calculation is the correct data input by the users is essential.
Not assumes responsibility for the liability or other mysugr of calculated results and proposals. Bolusrechner
Mysugr 8.1.3. by the result obtained corresponds to a proposal to the Bolusrechner users to use the calculated Insulin-dosis.
But is only you, the calculated value-due to your own experience, the medical doctor and the package leaflet for the requirements of your and your-medicines used to decide for themselves in plausibilisieren Insulin-dosis.
Warns mysugr before, the proposals of the explicitly to follow. without its own mysugr Bolusrechners Plausibilisierung
8.1.4 under no circumstances can the medical expertise of a doctor or regular mysugr-bolusrechner medical replace insulin or other medicines administered assessments, blood glucose measuring or individual calculate. Therapieparameter
9 final provisions
9.1 choice
This agb and the entire legal situation between the users and are subject to austrian law exclusively mysugr, with the exception of. and the Verweisungsnormen un-kaufrecht
Enjoys users but as consumers or consumer protection provisions of mandatory state of his domicile or habitual residence.
9.2 jurisdiction
Than means, as well as exclusive jurisdiction for all disputes in relation to these is the seat of agb in vienna on. mysugr
Mandatory conflict-of-law rules in favour of consumers and users are unaffected.
11 other
9.3.1 where this notification or (including legally significant Schriftlichkeit agb declarations) is required, is also in the transmission by electronic mail to the registration of users in url). (mysugr-id
9.3.2 users are not entitled to have their rights and obligations under those agb mysugr-id or in connection with the use of our products to third parties).
Mysugr can their rights and obligations under those agb to other enterprises or other third parties, provided that such transfer any significant impact on the rights of the user. for these agb
9.3.3 are or will some of the provisions of this ineffective, as do the other agb, the ineffectiveness not concerned valid and applicable provisions of this agb.
9.3.4 agb are in different languages this provided.
Relevant and crucial is the version in the language of the country in which the user as consumers or consumer is domiciled or habitually resident (e.g. birth to users in austria, germany and switzerland).
Unless case and should be available, is the country languages english version shall prevail.