Mysugr gmbh
General terms of contract (cgc)
Version of 25 september 2018
1.
Scope
1.1 our products
1.2 validity of our general terms of contract
1.3 third-party providers
2.
Privacy
3.
Conclusion of the contract and registration
3.1 purchase and payment of our products
3.2 registration and activation
4.diritto withdrawal and withdrawal
4.1 information on the exercise of the right of withdrawal
4.2.
Exceptions the right of withdrawal
5.
Use of our products
5.1 durability and termination
5.2 block and exclusion
5.3 licence and rights
5.4 availability of our products
6.
Conduct user
6.1 general
6.2 misuse
7.
Responsibility on our part
7.1 liability and responsibility
7.2.
Exclusion of responsibility and exemption
8.
Special provisions
8.1 computer bolus mysugr
9.
Final provisions
9.1 a choice of law
9.2 jurisdiction
9.3 other
An updated version of these general terms of contract is available and downloadable in pdf format from our website www.mysugr.com.
1.
Scope
1.1 our products
1.1.1 us society
Mysugr gmbh
1010 wien, Trattnerhof 1
+ 43 720, support @ 884555 mysugr.com
Fn 376086 v (company register of vienna)
Dvr 4015732, uid Atu67061939
Mysugr (" ") and manage a platform and develop interactive (app) mobile applications for diabetics.
Mysugr company of digital health as someone who wishes to buy you with diabetes, a full service to minimize the obstacles and the problems of everyday therapy.
Our products and services enable us to provide solutions to simplify the day-to-day management of your diabetes.
1.1.2 as well as our products provide information and text drawn up at the best of our knowledge and from extremely thoroughly sources internal and external.
However explicitly that we wish to highlight our products and services are exclusively for informative / training and do not replace in any way the advice and diagnosis of the doctor.
Mysugr does not provide any medical consultations therapeutic or recommendations.
Are suggesting that you ask your doctor for any question relating to the disease and its treatment.
Evaluation of the data made available is exclusively for you and your doctor or diabetologo.
All content, regardless of whether they are made available by itself or by its partners mysugr its users, not include either as either as substitutes for information integration a doctor or a pharmacist.
Mysugr offers many products (app) and services (services) and combinations of both () for the management of packages or bundles your diabetes.
The app, services and packages, present and future, including updates and other improvements, made available by mysugr in any way are known hereinafter as " products ' or " produced. "
The person or persons performing the purchase and use of one or more of our products are called " user " or " users. "
In these general terms of contract are given names relating to natural persons as male.
Those names are intended valid for both sexes.
1.1.4 under the present general terms of contract has the following definitions for individual products:
App
Diary mysugr () is a mobile application Logbook (app) independent for your smartphone or tablet daily for documentation of your diabetes.
Our version basic functions has limited. mysugr Logbook
Mysugr pro is the full unlimited mysugr Logbook.
Mysugr pro is a payment and offers many additional functions with which to manage better your diabetes.
Bolus mysugr (computer) in a few seconds Bolus calculator calculates the amount of insulin or carbohydrates on the basis of your settings.
Our computer bolus is a service available additional in combination with pro. mysugr
Services
Mysugr coach, not subject to time offers information or place by diabetologi and certificates. this
Mysugr coach may be used in some countries as an extension of pro. mysugr
Bundles
Package mysugr () is a bundle our full service at your disposal involving pro, with additional functions such as mysugr computer bolus and coach, a gauge of glucose mysugr our partners and the supply of test strips you need (the automatic provision of test strips shall be subject to effective, that is just the measurement measuring and recording an order and the provision of activated test strips).
Availability and functionality of are constantly being extended. mysugr bundle
1.1.5 particularities of any individual products are set out in our manuals for use (accessible via our app or on our website) and the special provisions corresponding (paragraph 8).
1.2 validity of our general terms of contract
1.2.1 offer all products solely on the basis of the current version of these general terms of contract throughout the world with the exception of the united states of america and canada.
Mysugr opposes expressly to conditions contract or other conflicting conditions of use.
1.2.2 note that, before the first use of our products, you must agree to these general terms of contract and all the declarations and agreements to which it refers and proceed with acceptance any other use.
Shall not be granted registration and use of our products without prior acceptance of our general terms of contract.
1.2.3 reserve specifically the right to adjust in the future our general terms of contract and apportarne changes justified.
Changes may be necessary to meet the legal requirements, to meet the state of the art and science or to carry out the interests of our consumers.
These amendments may be made at any time and shall be communicated in an appropriate manner before the entry into force, so that the user can exercise his right of withdrawal in writing within one month from the notification.
Failing revocation, the continued use of our products is subject to the new general terms of contract.
1.3.1 our products are available in the app store.
Here have generally conditions contract supplier third (on which we have no power corresponding) that are not part of our general terms of contract or our contractual relationship with you which user of our products.
The same applied to the conditions of your telephone operator or of your contract device.
1.3.2 to ensure the optimal use of our products we work with different partners.
This includes providing partners to us or provide directly to our users individual products (e.g.
Meters glucose, test strips) and health insurance which may cover the costs of our products.
In such cases, the conditions applicable contract expressly put off, or a supplier third in any case you need to proceed to acceptance of these conditions before they can buy one of our products through a third party.
2.
Privacy
Are aware of the great responsibility that the use of our products by your entails.
Indeed there only provide your personal data but also data on your health.
Our privacy policy provides information on the use and the protection of your data in connection with the use of our products and as well as information on your necessary consensus.
Without your consent to the protection of privacy for treatment necessary data can not be used our products nor in terms of legal and practical.
Our privacy policy is not an integral part of these general terms of contract, but only serves to your personal information under the general rules on data protection which make your consent for the processing of necessary data.
3.
Conclusion of the contract and registration
3.1 purchase and payment of our products
3.1.1 our products may be purchased in several ways:
Apps, services
Our products are available on the app store (such as apple app store / itunes). or Googleplay
Note that for the purchase (for not using) of our products has the contractual provisions of app store and can be internal needs to be a user account.
Our website offers an area of personnel and access direct access to our products, in particular for the package mysugr.
Vouchers codes (good) for our products are always available and are facilities on our website.
Bundles
Medical devices are distributed only partly with our products.
This way you can connect to our app your meter blood glucose and other medical devices.
Health insurance (public or private) cooperating with to cover the cost of our products mysugr.
Any costs of our products are directly paid by health insurance or reimbursed according to your tariff.
Comunicarti can at any time if your health insurance is already in cooperation with us.
3.1.2 our products to payment may be purchased on our website, the app store or within our app.
Invoicing is via the account user options payment pre-established app store.
The app store corresponding acts as intermediary and provider of payment on behalf of or a seller. direct mysugr
In any case, if there are problems with the download or payment, you can contact us at any time @ mysugr.com support.
3.1.3 contributions of use or purchase prices (including tax law) should be made according to the offer and the choice, one-off or a cyclical (e.g.
Monthly half-yearly or annual).
Contributions today are presented in our or the app store and due app immediately at the time of payment.
If the app store does not, we can ensure the invoices and payment reminders send you by e-mail.
Where payment, not timely or not complete inadempiuto are allowed to block your access to our products.
Your obligation to payment of the contribution of use remains unchanged.
3.1.4 reserve specifically the right to restrict at any time products free, disappear or make them pay.
The free use of individual products and parts thereof for a given period of time does not imply a claim rights for the future.
3.1.5 mysugr may also make special offers or which may be subject to further free conditions or restrictions.
Here we expressly any changes to the present general terms of contract which, however, remain fully applicable.
Special offers or free shall not be transferable to other users.
3.2 registration and activation
3.2.1 use of our products presupposes the registration in our mysugr app.
Once active our product for the first time, you have to register with e-mail address and password (id) mysugr.
A user can create a single id which in turn can be used mysugr from a single user.
3.2.2 making registration user, based on the current version of the states present general terms of contract, its binding offer of conclusion of the contract with the use of our products through mysugr expressly by activation will accept your id or dispatch of the goods ordered. mysugr
3.2.3 activation you will be confirmed immediately after the place with a registration e-mail separately.
We reserve the right to reject individual users or their supply of conclusion of the contract without giving reasons.
Then payments already paid will be reimbursed and data supplied user deleted immediately.
3.2.4 by recording the user confirms that it has at least sixteen years of age and being allowed legally to enter into contracts.
Registration is permitted only to persons capable of understanding and will.
Registration is allowed children exclusively with the consent of their parents.
You can send a copy of the written consent to address support @ mysugr.com.
By recording the parent claims to be authorised to release also in the name of the child. binding statements
3.2.5 on registration user confirms its inspection and acceptance undisputed content of present general terms of contract and that all its data are authentic and correct, up-to-date and complete and undertake to update information regularly.
We reserve the right to contact the user at any time to verify registration data and information used.
3.2.6 where the user provides incorrect information, incorrect, incomplete or where obsolete or have grounds to believe that these misinformation, incorrect, incomplete or obsolete, is entitled to block the mysugr id corresponding with immediate effect and unannounced mysugr and to prevent the use of our products without being repayment obligation of user.
3.2.7 user must protect its registration data against unauthorised access of third parties and their use in accordance with fraudulent intent.
If arises whether id can be subjected to such a danger mysugr is necessary at communicate immediately support @ mysugr.com.
We have the right to block any user id, if mysugr which occur misuse or with fraudulent intent.
4.
The right of withdrawal and withdrawal
4.1 information on the exercise of the right of withdrawal
4.1.1 where you do not use our products for commercial purposes or professional, you're cleared as consumers to terminate the contract provides with in accordance with the following provisions: mysugr
Right DIREVOCA
Right of withdrawal
You have the right to withdraw this contract within 14 days without giving reasons.
Withdrawal corresponds to the period 14 days from the date of the conclusion of contract (activation of digital content) or from the day on which the consumer or a third party from him for, which is not the carrier, took possession of the goods (physical delivery).
To exercise your right of withdrawal, you must do to inform us, gmbh, og mysugr 1010 vienna, telephone Trattnerhof 1/5 + 43 720, e-mail support via @ 884555 mysugr.com a clear statement (e.g.
E-mail or letter addressed by ordinary mail) on your decision to withdraw this agreement.
Here you can optionally use the form to revoke the annex.
To ensure the withdrawal period is sufficient for the communication on the exercise of the right of withdrawal is received before the expiry of the deadline.
Consequences of the withdrawal
Retracting this agreement, we must look to pay you back all payments to you paid including any shipping costs (with the exception of additional costs resulting from a type of dispatch different from the standard cheaper we offer) immediately and not later than 14 days from the day we received the notification of withdrawal.
To reimburse use the same methods of payment from you used for the initial transaction, unless otherwise expressly agreed and with you.
You addebiteremo under any circumstances costs reimbursement.
Note that if your health insurance has already received to the cost of goods or services rimborsarti revoked according to the tariffs set, insurance may itself carry out with recourse the right of redress.
Can deny repayment until receipt of the goods or the receipt of proof of dispatch of the goods, whichever event has occurred before.
Must return or return the goods immediately, and, in any case, not later than 14 days from the day when you press the withdrawal of this agreement, gmbh, 1, 1010 vienna mysugr Trattnerhof, telephone, e-mail support + 43 720 884555 @ mysugr.com.
The term is guaranteed if measures feel free to the deadline of the goods within 14 days.
Support costs of dispatch of the goods.
To meet the costs of a possible devaluation of the goods if the latter is only attributable to a management is not necessary for the verification of the structure, properties and function of those same goods.
If asked that services start during the period of withdrawal, you've got an amount which corresponds to the percentage corrisponderci commensurate services already paid until the year of your right of withdrawal of this contract compared to the total volume of services provided for by the contract.
Form withdrawal
If wishes the contract, withdraw should complete this form and send it to
Mysugr gmbh
1010 wien, Trattnerhof 1/5 og
Support @ mysugr.com
Revoco contract with this from me for the purchase of goods or concluded following for the supply of the following facility:
Ordered the / received on:
Id mysugr, name and address of the consumer:
Date and signature (only with communication paper)
4.2 exceptions the right of withdrawal
4.2.1 have no right of withdrawal in the case of contract with provision of digital content not saved to a data support if we-with your physical express consent, associated with your inspection of loss of the right of withdrawal (right of withdrawal) at the start of the meeting and following the early contractual provision of a copy or in accordance with article 7 (confirmation.
3 FAGG-we have started dispatch still before expiry of the withdrawal period otherwise available.
Pursuant to article 7 (
3 FAGG, the user will have within an appropriate period following the conclusion of the contract, but before the start of the provision of the service, a confirmation of the contract on a support data standing (e.g.
E-mail) in combination the information referred to in article 4 (
1 FAGG, if such information is not already been made available previously on such a support.
Confirmation contract contains, in any case, a confirmation of the provision of the service and the immediate consensus inspection user not right of withdrawal (right of withdrawal).
4.2.2 also, you have no right of withdrawal in the case of contract goods supplied and sealed unfit for refund for reasons of health protection or hygiene, if their sealing has been removed after delivery.
Can not be checked by the technical point of view nor economic, if the goods was ordered on receipt, if used came into contact with body fluids, if it was merged with components of the goods or if it has been contaminated stored in a manner consistent, no reuse or put back into the commodity trade both for us and for any other manufacturer.
So is excluded the right of withdrawal (right of withdrawal) on the basis of hygiene requirements and sustainability.
5.
Use of our products
5.1 durability and termination
5.1.1 your authorisation to use of our products begins with the registration and activation through mysugr.
5.1.2 our products can be used without free.
The duration of use of the products, which purchases with the support of your health insurance (in particular for the package), satisfies the conditions contractual mysugr corresponding and insurance.
5.1.3 our products to payment may be purchased in the form of subscription according to the offer, monthly or annual current also for a period of use more or less (so-called period of subscription ").
Period corresponding you is shown in our app subscription or in the app store.
5.1.4 is user is are authorised at any time, with mysugr advance at least one month, the termination ordinary with effect last day of each.
Proceed selecting " cancel " subscription you can from your user account of app store or in the area of access to our website, or a written statement at inviandoci support @ mysugr.com.
Note contributions already paid for a period of subscription unexpended only in case of termination are reimbursed by ordinary or in case of a term automatic mysugr ((5.1.6 below).
5.1.5 without termination or if not received in time, the notice period of subscription extends for a further period corresponding to the last automatically selected.
For this purpose the standard price is calculated at the time of corresponding (not: prices any extension or free or offers special offers of your medical insurance).
Automatic extension can be disabled in settings of your user account of the app store concerned.
5.1.6 death user or revocation of the consensus on the protection of privacy, the ratio used ends automatically with immediate effect.
Indeed mysugr without your consent is not authorised to process data on your health.
5.1.7 in case of applications on the duration of your use and its term, you can at any time at proceeded support @ mysugr.com.
5.2 block and exclusion
5.2.1 we reserve the right to block temporarily user for reasons of because more (our) or permanently excluded from use discretion of our products.
Withdrawing contract without notice in reimbursement of contributions is excluded use.
5.2.2 a significant motivation was in particular attributable massive violations by the user of the provisions of these conditions, e.g.
Violations paragraph 3.1 (payment) with a deferred two weeks of (3.2 (registration data) of section 5.3 () or the licence (6 (conduct user).
5.3 licence and rights
5.3.1 registration and activation permit you to obtain the right non-exclusive, not, however, not transmissible to save and limited geographically, to use a copy of our app purposes in accordance with the present your general terms of contract.
In the case of our products, the licence is limited to the payment period contract of your subscription.
5.3.2 software code, methods, systems and the content of our products are protected by both the copyright and the restraint of trade clause and may only be used by mysugr.
Our products or their components may not, without our prior written consent, be copied, modified or reproduced, or transmitted, sold republished postati, offered for sale, repurchased or used in any way.
Users are not allowed to use the marks, the logos or other rights and on the industrial property of mysugr.
Unless otherwise indicated by these conditions, all the rights of use and re-use rests entirely to or a part of the holding mysugr group and is not any kind of licensing of our products.
5.3.3 if this condition is required for the provision of technical our products, every user gives a right of use or reuse not mysugr exclusive, however, free of charge, unlimited access time and geographically content transmissible generated, transmitted and published within the saved our products.
Use or reuse is inconceivable if the vested interests of the user (e.g.
Rights to protect privacy) are too compromises.
When used outside our products, if feasible, that the content comes from user. report it
Mysugr rivendicherà not ownership of content that will nor a supervisory function of content generated by users.
5.4 availability of our products
5.4.1 get our products and offer the technical possibilities, as far as economic, business and organisational available.
Mysugr can not exclude any breaks, abnormal, delays, cancellations, broadcasts incorrect or failures of memory associated with the use of our products or communication with users.
Also offer partly our products involving third-party providers and therefore by the provision of technical dependent on external services.
Therefore mysugr declines all responsibility, guarantee or obligation to maintain our products available online at any time and continuously.
5.4.2 likewise where restrictions in the use of our products on grounds of major, in the event of strikes, because exclusions and administrative provisions and due to technical modifications or maintenance facilities mysugr.
If abnormalities our products at any time at support return @ mysugr.com.
6.
Conduct user
6.1 general
6.1.1 every user is authorised and forced to claims and the use of our products at their own risk and loading and through the use of suitable technical devices.
Terminals and operating systems compatible with our products are given in the app store or available at any time to address support @ mysugr.com.
6.1.2 are required to use our products only in accordance with the present general terms of contract and of the law and from any misuse. astenerti
Infringements discovered obligations contained in this paragraph must be communicated immediately at support @ mysugr.com.
6.2 misuse
6.2.1 every user must undertake to give their registration data truthful, keep up to date and complete and not divulgarli to third parties.
Personal data must be treated as confidential, operated accurately under its own responsibility and protected.
Mysugr declines any guarantee or liability for data or contained lost or damaged, if this condition is not attributable to our shortcomings.
6.2.2 content such as photos, images, texts, video or other representations associated with our products, can be saved, published, transmitted or released only if the user is authorised to their transmission and to their use.
In any case, it is absolutely prohibited the use of any sort of content offensive racist discrimination, sexual or pornographic, violent or defamatory, otherwise illegal.
6.2.3 decrittografare, shall also be prohibited, or our products retroingegnerizzare decompilare disassembling.
Every user undertakes not to carry out operations with technical tools to our electronic or invasive products or networks (in particular of piracy attacks mysugr which attacks, introduction of brute force, hackeraggio virus, worm, and other trojan) and malware to refrain from any kind of attempt to damage that could affect the software and hardware products and systems of mysugr.
7.
Responsibility on our part
7.1 liability and responsibility
7.1.1 unless otherwise indicated by these general conditions of contract, is responsible for and provides services guarantee mysugr under the provisions of the law.
7.1.2 towards users, which are not users or consumers, is excluded responsibility for mere financial damage, consequential damage, loss of earnings and damage resulting from claims by third parties.
If responsibility is restricted or excluded in these general terms of contract, this condition applies also to staff and businesses associated with mysugr.
7.1.3 outside the scope of the law on liability for defective products, responsibility for mysugr is limited to the and the, except for negligence dolo personal injuries.
Responsibility for minor negligence under the objective justifications following is excluded.
7.1.4 mysugr does not ensure that our products are available in full, continuous and or software and hardware proper instruments to work properly.
Also we can not exclude that the transfer of data insist, registered or by third parties through external systems in tampered with the internet and other networks.
.7.1.5 mysugr does not guarantee for content downloaded or material that user has received following the demand for our products.
User is the only responsible for the damage that may occur to his computer system or its terminals or for the loss of data due to the download of materials associated with our products.
7.1.6 mysugr also does not guarantee for external links, which contained or other information or advertising of tenders banner applicable under the third our products.
Where allowing access to offers third with or link, shall not be liable mysugr notifications for information contained therein.
Shops legal concluded exclusively contractual relations between user and involve third involved.
We do not guarantee and any other type of responsibility for performance decliniamo third.
7.2 exclusion of liability and exemption
7.2.1 use of our products does not replace the advice of a doctor or the opinion of another specialist and peril is exclusively for the user.
This condition is particularly valid for the use of goods ordered which glucose for the re-use of meters and data made available within the framework of our products by the user, including results and any calculations glycaemic therapeutic indications.
User expressly takes note that such data may be incorrect and decline all responsibility on their integrity. mysugr
7.2.2 if the relevant provisions on protection of privacy, governing the use of the products, so require, may be used solely for the purposes of or deal with products of specific purposes and the fields of application as laid down in supply and the conditions of use.
7.2.3 user exempts from any claim that third parties may exercise mysugr against a violation of their rights to mysugr unintentionally by the user in the use of our products.
Also all other claims for damages against the user remain unchanged. mysugr
7.2.4 user declines full responsibility for damage and judicial or extrajudicial underlying disputes of conflicts with other users.
User specifically takes note of the fact that is certainly not responsible for actions or mysugr omissions and other users damage resulting.
7.2.5 in case of a claim for third-party, user mysugr undertakes to immediately inform all the information available to it genuinely and comprehensive and needed to verify and support for claims by third parties.
User shall bear the costs of a legal expenses necessary, including all litigation costs and mysugr intended procedural law.
8.
Special provisions
As follows for our individual products shall complement the remaining provisions of these general terms of contract, and unless otherwise expressly stated:
8.1 computer bolus mysugr
Bolus 8.1.1 the computer is intended exclusively for diabetic subjects mysugr or on therapy (or fit educated insulinodipendenti similar programmes) who have turned 18 and undergoing regular medical check-ups.
Under any circumstances, the computer bolus may be used by minors or persons using the insulin mixed or only long insulin for their treatment or persons not able physically (because e.g.
Impaired mentally) or of handling itself therapy.
8.1.2 bolus pay you supports the computer in the calculation of insulin dose needed.
Precondition computer bolus is the calculation based on different parameters mysugr which must be placed by the user.
For an approximate calculation is needed the correct data entry.
Mysugr under any circumstances, will take responsibility for the results and the advice from computer bolus.
8.1.3 result noted by bolus is a computer mysugr user proposed council on the use of insulin dose calculated.
Alone you however, establish the plausibility of the value calculated on the basis of your old data, the requirements of the treating physician and package leaflets of medicines used and it is up to you to determine the correct insulin dose.
Mysugr beware you follow the advice from explicitly proposed by computer bolus without first having established alone the mysugr plausibility.
8.1.4 under any circumstances, the computer bolus may replace the experience of a doctor mysugr checks or medical follow-up, or other drugs infuse insulin, measure your blood glucose or calculate therapeutic parameters personal.
9.
Final provisions
9.1 a choice of law
These general terms of contract and the entire legal relationship between the user and are subject only to the mysugr austrian law, with the exception of its relevant regulations and the CISG.
However, the user as users or consumers enjoy the protection of binding rules state where he resides or is residing routine.
9.2 jurisdiction
Have jurisdiction in any dispute related to these general terms of contract is home to mysugr in vienna.
The conflict-of-laws rules binding for consumers remain unchanged.
9.3 other
9.3.1 if in these general terms of contract is requested notification or the written (including the relevant statements by legal point of view) is sufficient transmission via e-mail at the address given at the time of registration (id). mysugr
9.3.2 users are not allowed to provide their third id or their rights and obligations mysugr resulting from these general terms of contract in connection with the use of our products.
Mysugr may transmit to other holdings or other third its rights and obligations arising from the present general terms of contract, if such transmission has no effect on the rights of user resulting from these obvious general terms of contract.
9.3.3 where individual provisions of these general terms of contract are ineffective, or become the remaining provisions not affected by the ineffectiveness, remain valid and applicable.
9.3.4 these general conditions of contract are available in different languages.
Basically language version of the corresponds to the country in which the consumer is domiciled or has (e.g. home
The german version is intended users to austria, germany and switzerland).
If there is no specific language remains applicable version in english.