General Terms and Conditions of ONVY HealthTech Group GmbH
1. Scope
These General Terms and Conditions (hereinafter "GTC") apply to the use of the software for mobile devices (hereinafter: "App") provided by ONVY HealthTech Group GmbH, Schloßstraße 19, 82031 Grünwald (hereinafter: "ONVY"). You can reach us via e-mail: contact@onvy.health.
Please read these GTC carefully before downloading and using the App.
Use of the app is only permitted if you agree to these GTC. With your confirmation of these GTC, a contract on the use of the app is concluded between you and ONVY. If you have any questions about the meaning of individual provisions in the GTC, please feel free to contact us via the aforementioned communication channels.
2. Subject of the app / Functional description
The ONVY App helps understand the impact of your habits and daily lifestyle, and provides guidance on how to build a strong foundation for your physical and mental well-being. The app is not subject to the medical device definition. In particular, the App does not have the intended purpose of diagnosing, preventing, monitoring, predicting, prognosticating, treating or mitigating disease (cf. Art. 2 (1) of the EU Medical Devices Regulation).
3. Download and use the app / Principles
3.1 The app can be operated with the iOS and Android operating systems. The prerequisite for use is that the User downloads the App from the Apple App Store or the Google Play Store (hereinafter each referred to as "App Store"). This requires an Apple ID or a Google account and the terms and conditions of the app store from which you download the app apply.
3.2 In the event of any conflict between (a) the App Store's terms and conditions, terms of use, or end user license terms ("App Store Terms") and (b) these TOS, the App Store Terms will prevail with respect to your use of the version of the App downloaded from the applicable App Store. Nothing in these TOS is intended or shall be construed to limit or modify the App Store Terms.
3.3 When downloaded from the Apple App Store, ONVY is the App provider and the App is a third party App. Therefore, ONVY is solely responsible for the content of the App, the warranty, and for any claims you may have with respect to the App. Apple has no obligation to provide any maintenance or support services with respect to the App.
3.4 When downloading from the Google Play Store, depending on the country in which the App is made available, Google may be your contractual partner with respect to the App. However, ONVY is responsible for any defects or performance issues with the App, including, without limitation, any claims you may have with respect to the App. Google has no obligation to provide maintenance and support services with respect to the App.
3.5 As a User, you must ensure that the technical requirements specified in the App Store for downloading and using the App on your terminal device are met. The User undertakes to use the App only in the latest version available in the respective App Store (see also section 7.1). Information on the respective current version can be found in the respective App Store.
4. Use of the app / Costs
4.1 Registration is required to use the app. The registration takes place in the app. Alternatively, you can use the so-called Apple Log-In ("Log in with Apple") or the so-called Google Log-In (“Log in with Google”).
4.2 Downloading the app is free of charge for the user.
4.3 Use of the app generally requires a paid subscription (subject to section 4.4). The right of use granted under clause 9.2 shall therefore only apply for the period in which a valid subscription exists or for the period of the free trial as described in section 4.4. The Subscription can be obtained by the User as an in-app purchase in the Apple App Store and the Google Play Store. The price displayed in the App Store at the time of conclusion shall apply.
The subscription can then be cancelled at any time at the end of the respective monthly, bi-annual or annual subscription period in the App Store, otherwise the subscription is automatically extended by another month, another half a year or another year.
Further details on in-app purchases and subscriptions can be found in the terms of use of Apple Media Services or Google Play Store. You can find them at www.apple.com under Legal / Apple Media Services Terms and Conditions (Link: https://www.apple.com/de/legal/internet-services/itunes/de/terms.html)
or at play.google.com under Terms of Use / Google Play Terms of Use (Link: https://play.google.com/intl/ALL_de/about/play-terms/)
4.4 Users who use the app for the first time and start either a bi-annually or annually billed subscription can use and test the app for 7 days free of charge.
4.5 If you do not cancel the subscription in the App Store during the free trial period described in clauses 4.4, a paid subscription will be concluded. If you do cancel the subscription before the free trial period has ended, the possibility to use the app ends with the end of the free trial and no charges will apply.
4.6 If applicable, ONVY can send you offer codes for free app usage to your e-mail address, e.g. to thank you for recommendations of the app.
4.7 If you have received a code from your employer to use the app, then you can enter this code in the course of registration. In this case, you will not incur any costs, but they will be paid directly by your employer to ONVY and the subscription will be concluded by your employer. After the end of the usage period agreed with your employer, further use of the app is only possible for you if you conclude a paid subscription in accordance with section 4.3.
4.8 No commercial use / no sharing of content
The app is aimed exclusively at consumers. The app may only be used for personal and not for commercial purposes. Passing on the content is expressly prohibited without express consent in text form from ONVY.
4.9 Costs for Internet access
Depending on his Internet provider, the user may incur costs for the
Internet access (as well as mobile phone or roaming charges, if applicable).
5. Further developments
ONVY strives to continuously develop the app(s). Therefore, individual functionalities may also be adapted during an ongoing contract. ONVY will take into account the legitimate interests of the user.
6. Support
In case of technical problems or questions about the App, we can be contacted by email: contact@onvy.health
7. Liability
7.1 It is the sole responsibility of the user to keep his end device in a condition that allows the use of the app. ONVY is therefore not liable for damages if, for example, the user has not kept his end device in a functional condition. Further developments of the app as well as the elimination of any errors will be taken into account by providing free updates. We recommend that you use the setting for automatic updates of the respective app store. The liability of ONVY for damages from an old version is excluded, insofar as at the time of the damage-causing use of the old App version a more current version was generally available, which did not contain the element causing the damage.
7.2 ONVY is not liable for services provided by third parties (e.g. mobile network providers, network operators and other service providers).
7.3 Claims of the user for damages against ONVY are excluded, unless it is a matter of
- claims according to the product liability law or
- claims due to injury to life, limb or health, or
- claims due to the violation of essential contractual obligations (cardinal obligations - see section 7.4) or
- claims for damages based on an intentional or grossly negligent breach of duty by ONVY, its legal representatives or vicarious agents.
7.4 Essential contractual obligations (cardinal obligations) are those whose fulfillment makes the proper execution of the contract possible in the first place, whose violation endangers the achievement of the purpose of the contract and on whose compliance the user regularly relies. In the event of a breach of such material contractual obligations (cardinal obligations) caused by simple negligence, ONVY shall only be liable for the foreseeable damage typical for the contract, unless it is a matter of claims for damages by the user arising from injury to life, body or health.
7.5 The above limitations of liability do not apply if ONVY has fraudulently concealed a defect or has assumed a guarantee of quality or if ONVY and the user have reached an agreement on the quality of an item.
7.6 The above limitations or exclusions of liability also apply with regard to the personal liability of ONVY's employees, representatives and vicarious agents, in particular also in favor of the owners, employees, representatives, bodies and their members.
7.7 Guarantees in the legal sense are not assumed by ONVY.
7.8 A change of the burden of proof is not connected with the above regulations.
8. Data protection
In addition to these GTCs, ONVY's "Privacy Policy" also applies, which can be accessed here.
9. Copyright / Intellectual property
9.1 The App and the contents contained therein are the property of ONVY and/or property of third parties who have granted ONVY a corresponding license.
9.2 ONVY grants the user a limited, non-transferable, non-sublicensable, non-exclusive right of use for personal use of the App in accordance with the ONVY Privacy Policy, these TOS and the App Store Terms ("Intended Use"). Any use outside the intended use requires the express consent of ONVY in text form.
9.3 If a third party asserts claims that the use of the App violates intellectual property rights of this third party, ONVY alone and not the respective App Store is responsible for the investigation, defense, settlement and resolution of such claims of intellectual property infringement.
10. Online dispute resolution platform / consumer arbitration board
10.1 The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr.
10.2 We are neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.
11. Changes to the GTCs
11.1 ONVY reserves the right to change these GTCs also for existing contractual relationships with effect for the future. In this case, ONVY will obtain the User's consent to the new version of the GTCs in the app.
11.2 If the User does not agree to the change of the GTCs in the App, further use of the App is not possible.
12 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 you are a consumer and have your habitual residence in another country at the time of the conclusion of the contract, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
13. Status of the GTCs
The status of these General Terms and Conditions is March 16th, 2023.
Preparation of the GTCs: Attorney Thorsten Reh (MEDIAS REHS)