Terms and Conditions, Terms of Use and Customer Information for the uVida App

The following terms and conditions apply to your use of the uVida App.

Table of Contents:
1. Your contract partner
2. Installation and use of the uVida app; services provided
3. Cost and duration
4. Withdrawal policy
5. Password
6. Privacy Policy
7. Personal and private usage
8. Cancellation
9. Limitation of liability
10. Additional Provisions on the Scope of Services and the User's Obligations
11. Languages
12. Applicable law
13. Settlement of disputes

1. Your contract partner

Provider of the uVida app and thus your contractual partner is the

uNostics GmbH
Osterwalder Str. 12
87496 Untrasried
Germany
Tel.: 08372/708-555
E-Mail: support@uVida.de 

(hereinafter "uNostics" or "uVida" or "we").

uNostics is entered in the Commercial Register at Kempten District Court under the number HRB 16292 and is represented by its Managing Director Dr.-Ing. Markus Knestel.

You can also submit claims and complaints to the above address.

2. Installation and use of the uVida App; Subject of Service

With the help of the uVida app, you can optimize your training and nutrition and use the mobile performance and metabolic analysis as part of the uVida platform at participating providers. Part of the performance and metabolism analysis are the mobile performance analysis and the mobile rest analysis.
Prerequisite for the use of the uVida app is an existing account with the uVida platform and a current version of Android or iOS on the smartphone. Such an account for you can be set up and activated by one of the participating providers or by yourself as a user.
Should the provider set up the account for you, the contract between you and uNostics GmbH is then concluded as follows: If you order a test for an analysis from a participating provider, the provider can enter your master data and thus accept our offer to conclude a usage contract on your behalf in accordance with these terms and conditions. If you register yourself, the contract is concluded by filling in the registration data, accepting uVida's terms and conditions and clicking on the "Register" button. With your email address and password you will get access to the apps (Android or iOS) via the login area. You may only install and use the uVida app if you are at least 18 years old and accept these terms of use. If you have previously been permanently excluded from using the uVida platform, you may not install the app (again).

The Services are in no way medical products or services, but are a wellness product designed to provide metabolic measurements. The Services do not diagnose, treat, cure or prevent any disease or otherwise assist in such activities, nor do they offer professional health-related advice or medical diagnosis. In light of the foregoing, any information, plans or suggestions provided or inferred from use of the Services are not intended to be, and should not be considered a substitute for, medical or other health-related professional advice, diagnosis or treatment. IF YOU HAVE A MEDICAL CONDITION, YOU MAY CONSULT YOUR PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE USING THE SERVICES.

HEALTH STATEMENT:

PRIOR TO USING OR ACCESSING THE SERVICES, YOU HEREBY DECLARE THAT YOU HAVE NO KNOWN VO DISEASES, SUCH AS DIABETES, CLINICAL OBESITY, ASTHMA, HEART DISEASE, COPD, OR Suffer FROM ANY OTHER HEALTH DISTURBANCE THAT COULD BE AFFECTED BY YOUR USE OF uVida'S SERVICES. YOU MAY ONLY USE uVida'S SERVICES IF YOU ARE HEALTHY.

THE SERVICES, INCLUDING ANY INFORMATION, DATA OR ANALYSIS GENERATED, PROVIDED OR COMPLETED THROUGH USE OF THE SERVICES, ARE NOT TO BE USED AS MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ADVICE, DIAGNOSIS, THERAPY OR TREATMENT. THE SERVICES ARE ALSO NOT TO BE USED AS A SUBSTITUTE FOR MEDICAL OR PROFESSIONAL ADVICE, DIAGNOSIS, THERAPY OR TREATMENT.

PLEASE CONSULT A PHYSICIAN OR OTHER HEALTH CARE PROFESSIONAL BEFORE BEGINNING ANY NEW OR MODIFIED DIET OR EXERCISE PROGRAM. ALL INFORMATION PROVIDED THROUGH THE SERVICES IS FOR INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICES AND/OR ACCEPT SUGGESTIONS PROVIDED BY THE SERVICES AS A SUBSTITUTE FOR MEDICAL OR OTHER HEALTH-RELATED PROFESSIONAL ATTENTION. RELIANCE ON ANY INFORMATION AND/OR RECOMMENDATIONS PROVIDED BY THE SERVICES IS SOLELY AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DECISIONS OR ACTIONS YOU TAKE BASED ON SUCH INFORMATION AND/OR RECOMMENDATIONS.

NO MEDICAL ADVICE OR HEALTH SERVICES.

uVida DOES NOT DIAGNOSTICIZE, TREAT, CURE OR PREVENT ANY DISEASE OR PROVIDE PROFESSIONAL HEALTH COUNSELING OR MEDICAL DIAGNOSIS. THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. uVida ASSUMES NO LIABILITY WHATSOEVER WITH RESPECT TO ANY INFORMATION OR PROPOSALS PROVIDED, MADE OR DISCLOSED IN CONNECTION WITH THE USE OF THE SERVICES. ANY INFORMATION GENERATED, PROVIDED OR CLOSED USING THE SERVICES IS SUBJECT TO THE ACCURACY AND RELIABILITY OF THE INFORMATION YOU INPUT AND UPLOAD AND THE ANALYSIS PERFORMED BY THE TRAINER.

YOU AGREE THAT uVida SHALL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF THE SERVICES AND ANY INFORMATION OR PROPOSALS PROVIDED BY YOU OR ANY OTHER USER. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THE TERMS, uVIDA IN NO WAY SUPPORTS ANY RESPONSIBILITY FOR DECISIONS OR ACTIONS, TAKEN BASED ON uVIDA ANALYSES OR uVida SERVICES, NOR FOR ANY INJURY, INCIDENT, DAMAGE AND/OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ITS USE. THE uVida ANALYSIS DEVICE IS NOT AN INSTRUMENT, APPARATUS, DEVICE, MACHINE OR DEVICE, OR ANY OTHER SIMILAR OR RELATED ARTICLE, INTENDED FOR USE IN THE DIAGNOSIS OF DISEASES OR OTHER DISORDERS, OR FOR THE CURE, REDUCTION, TREATMENT OR PREVENTION OF DISEASES, OR INTENDED TO AFFECT THE STRUCTURE OR ANY FUNCTION OF THE BODY. ANY DECISION OR ACTION YOU MAKE BASED ON ANALYSIS VALUES AND/OR INFORMATION PROVIDED BY THE USE OF THE uVida DEVICE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE SERVICES AND THE uVida DEVICE IS AT YOUR SOLE RISK.

The evaluation of the testing performed at the participating provider is carried out by uVida in the uVida platform, where the mobile performance and metabolic analysis is created and displayed on your behalf based on these terms of use. The uVida mobile performance and metabolism analysis is a breath analysis that is evaluated on the basis of empirical data. The measured values provide an orientation, but are not a substitute for a medical examination (e.g. lactate test), which can lead to further or also deviating findings. If you want a reliable examination of your physical performance, you must consult a doctor or a performance diagnostics center for this.
The uVida mobile performance analysis is an endurance test that is very physically demanding, as it lasts until you stop it yourself. You may only begin a test if you are healthy and physically able. If you are prone to anxiety or panic, which can be potentiated by the mask of the uVida test device, you must also not start the test. If any problems occur, you must stop the test immediately and summon medical assistance if necessary. You perform the test at your own risk.
Part of the services is also a newsletter with current information about the functionality of the uVida platform. The newsletter can be cancelled at any time.

3. Costs and duration

The basic features of the uVida app are provided to you free of charge by uNostics.

The user contract for the use of the basic features of uVida is concluded for an unlimited period of time and can be terminated by either party at any time without notice, unless a Premium Feature has been concluded. In order to cancel, an email must be sent to support@uvida.de has to be written with the request to delete the account (it is not enough to delete the app!). If you have a premium contract with a subscription, the premium contract must be cancelled first. The basic contract can be terminated in the above manner after the subscription expires.

The provider who sets up and activates your account for the uVida platform may charge you for this and/or for performing a mobile performance and metabolic analysis. In addition, the provider may also charge you for access to the premium account in the uVida app. However, these possibly accruing remunerations are exclusively based on the contractual agreements between you and the respective provider, in which uNostics is not involved.

Activate uVida Premium account yourself:

This section applies only if you have purchased and/or subscribed to uVida Premium or other paid products. By paying the subscription fee, you gain access to uVida Premium during the subscription period under the following conditions.

All uVida Premium subscriptions are paid in advance.

Premium services with a free trial period automatically convert to a subscription if they have not been cancelled before the end of the respective trial period.

You can terminate your membership at any time, in which case your membership will continue for as long as the subscription period you entered into at the time of purchase. As far as you have purchased a uVida subscription through a service such as App Store, Google Play Store or any other such service provider, you can only cancel your subscription by using the same service. Subscription fees can be seen in the mobile application. uVida accepts multiple payment methods, such as PayPal, Apple iTunes, Google Play, and credit card payment. Special terms and conditions may apply. uVida reserves the right to change subscription fees from time to time.

You hereby give your consent to begin using the Services immediately upon signing up for uVida Premium or other paid products.

All payments that go through Apple, e.g. purchases within apps, can only be refunded by Apple with Apple's consent. Should you wish to contact Apple, please click here. Late payment will not be considered as the termination of a uVida Premium subscription.

4. Right of Withdrawal

If you are a consumer, i.e. a natural person who makes a contractual declaration for a purpose that cannot be attributed to your commercial or self-employed professional activity, you have a right of revocation in accordance with the following revocation instructions for contracts concluded outside business premises and for distance contracts in accordance with the statutory provisions.

Cancellation policy

You have the right to cancel this contract within fourteen days without giving any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us (uNostics GmbH, Osterwalder Str. 12, 87496 Untrasried, Germany, Tel.: 08372/708-555, e-mail: support@uVida.de (business hours: 09:00 - 17:00) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

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 any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

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 any fees because of this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.

End of the cancellation policy

The Premium Features to be delivered may in part be individual services tailored to the personal needs of the User. In such cases, there is no statutory right of withdrawal according to § 312 g para. 2 lin. 1 BGB.

-Sample cancellation form

(If you want to cancel the contract, please fill out and return this form).

 

• • To [company, address, email]:

• • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/provision of the following service (*)

• • Ordered on (*)/received on (*)

• • Name of the user(s)

• • Address of the user(s)

• • Signature of the consumer(s) (only in case of notification on paper)

• • Date

__________

(*) Delete where not applicable.

5. Password

You can choose a password for the uVida platform yourself, which will protect your access. Your password must be secure (so in particular, do not choose your date of birth or your username as your password). It must be kept strictly secret by you and must never be disclosed to a third party.
If you believe that a third party may know your password, you must change it immediately on the uVida website under the menu item "Personal data". If you suspect that your password has been misused, you can also inform us by e-mail to support@uVida.de.

6. Privacy Policy

The protection of your personal data is important to us. You can find details about data protection at uVida in our Privacy policy.

7. Personal and private use

To use our services, you must follow some simple rules. The service is available for private use only and is not intended for commercial use. Refrain from misappropriation of the Services so that neither uVida nor others are harmed in any way. You may only use the Services as permitted by law and these TOS. By using our Services, you agree that:

 

• • all personal data provided by you is accurate and up to date.

• • You are solely responsible for the activities within your account and any content you upload and/or create under your uVida account ("User Material").

• • uVida does not monitor the content of the Service, but may at any time, in its sole discretion, remove User Material from the Service and/or your account and terminate your account and membership.

• • Your membership with uVida, including your emails and password, is personal to you and may not be transferred to or used by anyone else. You are responsible for keeping your login information secure. uVida is in no way responsible for any damages that may result from unauthorized access to your account or use of your login information. If you have knowledge or suspicion of unauthorized use of your account, you are required to notify uVida Customer Care immediately. Contact information can be found at the end of this document.

• • uVida is not intended for use by persons under the age of 18. You must be at least 18 years old to use uVida.

• • violation of these TOS will result in immediate termination of your account and subscription. If you violate these TOS, you will not receive a refund.

• • commercial offers, advertising and/or references to where commercial offers can be found (e.g. links) are prohibited using our services.

• • Contributions of propaganda, religious and/or political opinion pieces, or contributions containing information that in any way contains or relates to incitement to racial hatred, child pornography, or pornography are prohibited using our Services. It is also forbidden to defame, harass or insult others using our services.

• • you contact uVida first with any criticism or feedback about uVida or our Services to help us improve our Services.

• • You may not transfer and/or distribute files that may harm uVida or others' computers or property (e.g., viruses and Trojan horses).

• • you may not share the personal information of others without their permission.

All rights within and to the Service, including all trademarks, service marks, trade names, and copyrighted content (collectively, "Intellectual Property") displayed within the Service, are owned by uVida and/or third parties. You hereby agree not to use the Intellectual Property for any purpose other than for your use of the Service, unless otherwise required by applicable mandatory law.

By submitting user material to uVida, you warrant and represent that you own the copyright, trademark and/or other proprietary rights in your content. You agree to grant uVida a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use the User Material to the extent necessary for uVida to operate and maintain the Service. This license shall remain in effect until such User Material is deleted from the Service by you or uVida in accordance with these TOS.

It is clarified that uVida does not assume any obligation to monitor the content of the User Material.

You are not entitled to transfer your rights and/or obligations under these TOS or use of the Service to a third party without uVida's prior written consent. uVida is entitled to transfer its rights and/or obligations under these TOS.

uVida reserves the right to refuse service to any person at any time for any reason.

8. Cancellation

8.1 You can cancel/close your account at any time. Please note that uninstalling your mobile application or closing your account does not automatically terminate the subscription as well - you must actively cancel the subscription. Please also note that if you have subscribed to uVida through App Store, Google Play Store or similar services, you must cancel the subscription. To find out how to cancel the subscription and/or your account, please follow the instructions in the App or on the Website. Special terms and conditions apply to uVida Premium.

8.2 Termination by us is only possible subject to a reasonable period of notice, unless the termination is for good cause. In particular, the serious or repeated violation of these Terms of Use may be an important reason for termination without notice.
8.3 After the termination takes effect, you will no longer be able to use the uVida App and your account with the uVida Platform, and we will promptly delete the data stored in your account (unless you specifically request us to continue to retain the data).

9. Limitation of liability

If you use uVida App as a free offer of uNostics, we are only responsible for intent and gross negligence in case of possible damages.

In all other cases, the following applies:

 

• • uVida is liable within the framework of this contract on the merits only for damages (a) which uVida or its legal representatives or vicarious agents have caused intentionally or through gross negligence or (b) which have arisen from injury to life, body or health through a breach of duty by uVida or one of its legal representatives or vicarious agents. uVida is also liable, (c) if the damage was caused by the breach of an obligation of uVida, the fulfillment of which enables the proper execution of this contract in the first place and on the compliance of which the customer regularly relies and may rely (cardinal obligation).

 

• • uVida is liable in the cases of 8.1, letters (a) and (b) to the amount within the scope of the legal liability. Otherwise, the claim for damages is limited to the contract-typical foreseeable damage. The parties agree that damage is foreseeable in the maximum amount of 700 EUR per case of damage typical for the contract. If the customer is threatened with damage that may exceed this amount, he shall be obliged to draw uVIda's attention to this without delay.
    • In cases other than those mentioned in paragraph 1, uVida's liability is excluded, regardless of the legal grounds.
    • The liability regulations in the preceding paragraphs also apply to a personal liability of the organs, employees and vicarious agents of uVida.

     

    • • Insofar as liability under the Product Liability Act, from the assumption of a guarantee or due to fraudulent misrepresentation comes into consideration, it shall remain unaffected by the above liability provisions.

10. Additional Provisions on the Scope of Services and the User's Obligations

You are obliged to back up the data yourself. uVida is only liable for the loss of data up to the amount that would have been incurred to restore the data if it had been backed up properly and regularly.

You are responsible for your own health. uVida is not a medical facility and we do not offer medical advice or diagnosis.

The purpose of the services is simply to help users record what they eat, how they exercise and track their progress in terms of health, weight and fitness.

Information provided through the services and by our partners and affiliates is intended to be used for recreational and educational purposes only.

Always consult with your physician before beginning any diet or fitness program or if you are experiencing pain or discomfort. uVida cannot guarantee results or improvements in health, weight and/or fitness.

Our services are directed to healthy adults only, please do not use our services if you have or may have a medical condition that could be worsened by diet or exercise.

Nutritional information in our database has not been reviewed, researched or evaluated by uVida. uvida does not represent that the nutritional information in our database is accurate, reliable or complete.

 uVida is not liable for any personal injury or other damages that may be directly or indirectly caused by the use or misuse of the Services.

11. Languages

At the moment, the uVida app is only offered in German and English.

12. Applicable law

All agreements about and in connection with uVida are subject to German law (without possible references to other legal systems). Consumers who have their habitual residence in another country of the European Union or in Switzerland (hereinafter referred to as "home country") may, irrespective of this, also invoke such provisions of the law applicable in their home country from which, according to the law of this home country, they may not deviate by agreement.

13. Dispute Settlement

We are not obligated nor willing to participate in dispute resolution proceedings under the Act on Alternative Dispute Resolution in Consumer Matters before a consumer arbitration board.

Link to the EU Commission's platform for online dispute resolution ("OS platform"): http://ec.europa.eu/consumers/odr/.