General Terms and Conditions for the medical product NeuroNation MED of Synaptikon GmbH, Friedrichstraße 68, 10117 Berlin, Germany
1. Scope of Application, Contractual Language
(2) The language available for the conclusion of the contract is exclusively German. Any translations of these Terms and Conditions into other languages are for your information only. In the event of any differences between the language versions, the German text shall take precedence.
2. Applicable law
The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods if
(a) you have your habitual residence in Germany, or
(b) your habitual residence is in a country that is not a member of the European Union.
In the event that you have your habitual residence in a member state of the European Union, the applicability of German law shall also apply, whereby mandatory provisions of the state in which you have your habitual residence shall remain unaffected.
3. Scope of services provided by NeuroNation MED
(1) NeuroNation MED is a mobile app that can be used on a smartphone with Apple or Android operating system (OS). The app can be downloaded free of charge from the Apple App Store or Google Play Store under the terms and conditions applicable there. If the user uses NeuroNation MED on multiple end devices, the data associated with the registered user account can be synchronized via NeuroNation MED's servers.
(2) NeuroNation MED is a digital health application that helps people with mild and moderate cognitive impairments achieve better brain performance - scientifically based, building on 10 years of research and results from over 20 million users worldwide. NeuroNation MED is designed to train your brain in a variety of fun ways. These are
personalized cognitive training sessions, which stimulate one or more cognitive areas of the brain in a targeted way by repeated execution;
Psychoeducation and health information in the form of texts, physical exercises and videos;
Questionnaires for subjective assessment of well-being.
(3) The user can be regularly reminded by NeuroNation MED to use certain content with the help of so-called mobile notifications via the end device.
(4) NeuroNation MED follows a therapeutic approach and is a class I medical device according to the Medical Device Regulation (EU) 92/42/EEC and the Medical Devices Act.
(5) NeuroNation MED is intended to be a building block in a holistic therapy/treatment. Therefore, NeuroNation MED can be used as an adjunct to therapy, with corresponding proven indications. NeuroNation MED cannot and is not intended to replace treatment by a physician and/or therapist.
4. Use of NeuroNation MED, registration, data processing
(1) You may use the services offered by NeuroNation MED if you are at least 18 years old and have first successfully registered with us. If the user does not have unlimited legal capacity, he or she must act with the express consent of his or her legal representative. There is no right to be admitted to registration. After successful registration, you can log in to your user account with your e-mail address and the password freely chosen by you during registration.
(2) For information on the processing of your data, please read our data protection information, which you can access via the following link (https://neuronation-med.de/datenschutz). When you register, you choose a personal user name and password.
(3) To register, the user must first enter the required data and click the "Create access" button. The information provided by the user must be truthful and complete.
(4) Successful registration is only possible once the user has verified the e-mail address provided by clicking on the corresponding link in the confirmation e-mail sent to him.
(5) Following successful registration, access to NeuroNation MED's range of services is activated by the user entering a 16-digit code (hereinafter "access code") in the correspondingly marked field. The access code is provided to the user by his health insurance company and is non-transferable. Activation with the access code provided enables access to the range of services offered by NeuroNation MED for a limited period of time. NeuroNation MED bills its services directly to the user's health insurance company using the code provided. NeuroNation MED does not incur any costs for the user.
(6) The service relationship of the user with his doctor and/or therapist as well as his health insurance company (e.g. remuneration, entitlement to benefits) are not part of the scope of services provided by NeuroNation MED. In particular, NeuroNation MED is not responsible for claims of the user for recognition of prescriptions issued to him by the health insurance company. The assessment of whether the health insurance company recognizes the user's need for services and issues him or her an access code is based solely on the user's service relationship with his or her health insurance company.
5. Copyrights/rights of use etc.
The user is granted a simple and non-transferable right to use the app. The user is thus permitted to use the services without the intention of making a profit within the scope of the contractual provisions. In particular, this does not permit the distribution or making available to the public of NeuroNation MED's copyrighted content and services.
6 Duties of the user
(2) The user undertakes to use a current version of NeuroNation MED during the contractual relationship and to install updates without delay.
(3) Before using NeuroNation MED services, the user should have his current state of health assessed by a medical examination so that the app is only used in accordance with the instructions of a doctor or therapist. NeuroNation MED may not be used against medical advice.
(4) Should the user have the impression that the training is having a detrimental effect on his well-being and, if applicable, health condition, further use must be discontinued and a physician consulted.
7. Right of withdrawal
As a consumer you have the right of withdrawal according to the following instructions. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed.
RIGHT OF REVOCATION
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 send us
by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample withdrawal form for this purpose, which is, however, not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Pursuant to Section 356 (4) of the German Civil Code (BGB), the right of withdrawal shall expire in the case of a contract for the provision of services if the entrepreneur has provided the service in full and has only begun to perform the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the entrepreneur.
CONSEQUENCES OF REVOCATION
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest 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.
If you have requested that the service begin during the withdrawal period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the time you notify us of the exercise of your right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract.
SAMPLE CANCELLATION FORM
If you wish to revoke the contract, you can fill out this form. Please send it back to:
I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service:
Ordered on (*) /received on (*): ____________________________
Name of consumer(s): ____________________________
Address of consumer(s): ____________________________
Signature of consumer(s) (paper notice only):
(*) Delete where inapplicable.
End of the cancellation policy
8. Limitation of liability
( 1 ) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which endangers the achievement of the purpose of the contract and on whose compliance you as a user may regularly rely. In the latter case, however, we shall only be liable for the foreseeable damage typical for the contract. The same applies to breaches of duty by our vicarious agents.
(2) The above exclusions of liability shall not apply in the event of injury to life, limb or health. Liability in accordance with mandatory statutory provisions, in particular the Product Liability Act, shall remain unaffected.
9. Term, suspension, termination
(1) The contractual relationship shall be concluded for an unlimited period. The expiration of the time-limited access to NeuroNation MED's range of services activated with the access code (cf., § 4 para. 5) does not automatically lead to a termination of the contractual relationship. The user retains his user account and has the option of continuing it with further access codes granted to him.
(2) Unless otherwise provided in these GTC, the contractual relationship may be terminated by the user at any time without notice in writing or in text form (e.g. by e-mail). For NeuroNation MED, the period of notice for termination of the contractual relationship is 2 weeks, whereby the notice of termination can be given at the earliest at the end of an access period that has already been activated.
The notice of termination is to be sent to:
or in writing to:
(3) In addition, NeuroNation MED reserves the right to block the user's access in the event of justified suspicion of misuse or material breach of contract or repeated violation of user obligations. If the suspicion can be dispelled, the blocking will be lifted again, otherwise NeuroNation MED is entitled to an extraordinary right of termination.
10. Reservation of right to make changes
(2) The new terms and conditions shall be communicated to the user in writing or by e-mail no later than six (6) weeks before they come into effect. If the user does not object to the validity of the new terms and conditions of use within six (6) weeks after receipt of the notification of change, the changed terms and conditions of use shall be deemed accepted.
(3) NeuroNation MED shall inform the user separately of the significance of the above-mentioned First, the right to object, the right to terminate and the legal consequences of silence. In the event of an objection, the contract shall be continued without the proposed changes. In case of objection, either party may terminate the contract extraordinarily.
11. Data protection
In addition to these GTC, the DATA PROTECTION REGULATIONS of NeuroNation MED shall apply, which can be accessed at any time via https://neuronation-med.de/datenschutz.
12. Place of Jurisdiction; Online Dispute Resolution and Alternative Dispute Resolution; Severability Clause
(1) If you were domiciled or habitually resident in Germany at the time the contract was concluded and have either moved out of Germany at the time we file suit or your domicile or habitual residence is unknown at that time, the place of jurisdiction for all disputes shall be the registered office of our company in Berlin (Charlottenburg).
(3) We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.
(4) Should individual provisions of this contract be invalid, this shall not affect the remainder of the contract. The invalid provision shall be replaced by a valid provision whose effects come closest to the economic objective that NeuroNation MED and the user pursued with the invalid provision.
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