Terms of use and customer information for the DYNOSTICS APP

For your use of the DYNOSTICS app, the following conditions apply.

Table of Contents:
1. Your contract partner
2. installation and use of the DYNOSTICS app
3. costs
4th password
5. data protection
6. personal and private use
7. termination
8. limitation of liability
9. languages
10 Applicable law
11. dispute resolution
12. modification of the app and these terms of use

1. Your contract partner

The provider of the DYNOSTICS app and therefore your contractual partner is

uNostics GmbH
Osterwalder 12 
87496 Hopferbach

Germany
Phone: 08372 - 708 555
E-Mail: contact@uvida.de

(hereinafter referred to as "DYNOSTICS " or "we").

DYNOSTICS is available under the number HRB 16292 in the commercial register at the local court Kempten and is represented by its managing director Dr.-Ing. Markus Knestel represented.

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

2. Installation and use of the DYNOSTICS App; object of service

With the help of the DYNOSTICS app, you can use the mobile performance and metabolic analysis from participating providers as part of the DYNOSTICS platform. Part of the performance and metabolic analysis are the mobile performance analysis and the mobile resting analysis.
In order to use the DYNOSTICS app, you must have an existing account on the DYNOSTICS platform. Such an account can only be set up and activated for you by one of the participating providers.
The contract between you and DYNOSTICS is then concluded as follows: If you order a test for an analysis from a participating provider, the participating provider will provide your master data and make you an offer on our behalf to submit your contractual declaration for the conclusion of a contract of use in accordance with these terms and conditions to the participating provider as the authorized representative of DYNOSTICS via a mobile device.
You cannot obtain an account for the DYNOSTICS platform via DYNOSTICS itself.
You may only install and use the DYNOSTICS 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 DYNOSTICS platform, you may not install the app (again).
The evaluation of the test carried out by the participating provider is carried out by DYNOSTICS in the DYNOSTICS platform, where the mobile performance and metabolic analysis is created and displayed on your behalf on the basis of these terms of use. The mobile performance and metabolic analysis from DYNOSTICS is a respiratory gas 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 even deviating findings. If you want a reliable examination of your physical performance, you must consult a doctor or a performance diagnostics center.
The DYNOSTICS mobile performance analysis is an endurance test that is very physically demanding as it lasts until you stop it yourself. You may only start a test if you are healthy and physically fit. If you are prone to anxiety or panic, which can be intensified by the mask of the DYNOSTICS test device, you must also not start the test. If problems occur, you must stop the test immediately and, if necessary, call for medical help. You carry out the test at your own risk. The service also includes a newsletter with up-to-date information on the functionality of the DYNOSTICS platform. The newsletter can be canceled at any time.

3. costs

The DYNOSTICS app and the services under this contract are provided to you by DYNOSTICS free of charge.

The provider who sets up and activates your account for the DYNOSTICS platform may charge a fee for this and/or for carrying out a mobile performance and metabolic analysis. However, this possible remuneration is based exclusively on the contractual agreements between you and the respective provider, in which DYNOSTICS is not involved.

Certain additional services offered by DYNOSTICS in connection with the DYNOSTICS App may be subject to a charge, and such additional services may also be subject to additional special terms and conditions that supplement or deviate from these General Terms of Use. However, before you order such additional services, you will be expressly informed of any costs that may be incurred and of such special conditions.

4th password

You can choose your own password for the DYNOSTICS platform to protect your access. Your password must be secure (in particular, do not choose your date of birth or your user name 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 DYNOSTICS website under the menu item "Personal data". If you suspect that your password has been misused, you can also inform us by sending an e-mail to contact@uvida.de.

5. data protection

The protection of your personal data is important to us. Details on data protection at DYNOSTICS can be found in our Privacy policy.

6. personal and private use

You may only use the DYNOSTICS app and your account on the DYNOSTICS platform for your personal and private purposes as intended.

The temporary transfer and/or permanent transfer of your account to a third party is not permitted.

7. termination

You can cancel or revoke the use of the DYNOSTICS app and your account on the DYNOSTICS platform at any time and without notice.
Termination by us is only possible subject to a reasonable notice period, unless the termination is for good cause. In particular, a serious or repeated breach of these Terms of Use may constitute good cause for termination without notice.
Once the termination takes effect, you will no longer be able to use the DYNOSTICS app and your account on the DYNOSTICS platform, and we will promptly delete the data stored in your account (unless you expressly ask us to retain the data).

8. limitations of liability

As the DYNOSTICS App is a free offer from DYNOSTICS, we are only responsible for intent and gross negligence in the event of any damage. In the case of damages resulting from injury to life, limb or health and in the case of claims under the Product Liability Act, the statutory provisions apply.

9. languages

The DYNOSTICS app is currently only available in German and English.

10 Applicable law

All agreements concerning and in connection with DYNOSTICS are subject to German law (without any 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 which may not be deviated from by agreement under the law of this home country.

11. dispute resolution

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/.

12. changes to the app and these terms of use 

We reserve the right to discontinue, amend or change the DYNOSTICS App within a reasonable period of time (or without notice if there is an important reason) and with due regard for your interests.

We also reserve the right to amend or supplement these Terms of Use insofar as this is necessary in the interests of simple and safe operation of the app (in particular to prevent health risks). You will be notified of such changes in advance by email and they will be deemed to have been approved unless you expressly object to them within two weeks of receiving the email. You will be informed of this separately in the notification. In the event of an objection, we may terminate your use of the DYNOSTICS app and platform for good cause.