1.2. EioS does not recognize deviating terms and conditions of the USERS, unless EioS has expressly agreed to them in writing.
2.1. EioS makes the app available to its USERS for download. In the app, the USER can answer questions by means of voice control, on the basis of which certain language modules are played to the user. This is intended to support the self-help of the USER in dealing with certain fears, such as test anxiety or fear of flying. The app only offers therapy for self-treatment. It does not offer any further medical services or advice. The app is not suitable to replace a doctor or therapist. If the USER notices signs of an anxiety disorder or other illnesses or if there is a suspicion of the presence of such diseases, the USER should consult a doctor, psychotherapist or, in acute cases, emergency medical treatment.
The safety instructions that are displayed when the app is started for the first time must be observed. The USER must confirm when starting the app for the first time that he meets the requirements listed there. Otherwise, it is not possible to use the app. The user must not suffer from epilepsy or psychosis. There must also be no brain-organic disorders or impairments, no feeling of numbness or problems perceiving feelings (alexithymia), no speech disorder or speech defects. In asthma, it is necessary to provide the emergency medication. The use of the app is also not permitted if there is an acute deterioration of physical or mental well-being/health status and/or suicidal thoughts. Furthermore, the user must not be under the influence of alcohol and/or drugs.
3 . Use of the app
3.2. Within the app, the USER is guided through a voice-controlled course in which the USER answers certain questions by voice input. For example.B, colors, feelings or body regions in which the user feels certain feelings are queried. On this basis, suitable language modules are played to the USER.
3.3. The use of the app requires Internet access via WLAN or the mobile network so that speech recognition can be used via the voice service provider of the terminal device used by the USER. The USER is solely responsible for creating these conditions.
3.4. It is strongly recommended to use the app only in a private, quiet environment without external interference and distractions.
4th. Technical aspects, availability and maintenance work
4.1. EioS reserves the right to temporarily restrict its services in relation to the App if this is necessary with regard to capacity limits, the security or integrity of EioS' servers or to carry out technical measures relating to the App, or if this serves the proper or improved provision of the services. In these cases, EioS takes into account the legitimate interests of the USERS, e.B. through advance information.
4.2. If an unforeseen system failure hinders the use of the app, the USERS will be informed immediately by EioS in a suitable form.
5.1. The app can be downloaded and installed by the USER free of charge. Before using the course within the app, however, the app must be activated for a fee.
5.2. The app is activated by entering an activation code, insofar as the USER has one, or by making an in-app purchase by means of which the USER can activate the app. The selected in-app purchases can be checked, corrected or cancelled by the USER at any time before the purchase by the USER navigating back and forth within the in-app purchase process using the navigation buttons. An order is usually placed via the USER's user account with the respective platform operator through which the USER has installed the app. The contract is concluded at the latest by the approval of the in-app purchase by the USER. The USER receives an e-mail from the respective platform operator to his e-mail address stored there, under which conditions the in-app purchase was made.
5.3. The activation entitles to a one-time full use of the course offered within the app. The app is activated immediately after entering the activation code or carrying out the in-app purchase as digital content. There are no shipping costs.
5.6. In the event of future changes, EioS will inform the USERS in advance, e.B. by displaying the changes when the app is started.
6. Terms of payment, prices
6.1. The prices valid on the day of the order as they are displayed when selecting the in-app purchase within the app apply. The prices quoted are final prices in euros and include the statutory value added tax.
6.2. Payment takes place via the USER's account with the operator of the respective app store through which the USER has installed the app. In addition, the terms of payment stated there apply. The payment methods offered by the respective app store provider during the in-app purchase order process are accepted. The USER selects the preferred payment method among the available payment methods.
7.1. In principle, consumers are entitled to a statutory right of withdrawal. The legal regulations on any existing right of withdrawal are contained exclusively in the cancellation policy, which can be called up as part of the ordering process of the in-app purchases.
8. Obligations of USERS
8.1. The USER is obliged to truthfully provide the data requested within the framework of the app.
8.3. The USER undertakes not to misuse the app, in particular
- not to interfere with telecommunications networks,
- not to infringe any national or international property rights (e.B copyrights, trademark rights),
- not to violate criminal law regulations, in particular §§ 184 ff. StGB (dissemination of pornographic writings), §§ 86 f. StGB (distribution of propaganda material of unconstitutional organizations), § 111 StGB (public incitement to commit crimes), § 126 StGB (threat of criminal offences), § 129a Abs. 3 StGB (advertising for a terrorist organization), § 130 StGB (incitement to hatred), § 130 a StGB (instructions on criminal offences), § 131 StGB (depiction of violence), § 201a StGB (violation of the highly personal area of life through image recordings) as well as not to violate regulations for the protection of young people.
8.4. Activities of the USERS that go beyond the access possibilities provided for in the context of a normal use of the app, in particular those activities that aim to make the use of the app or the underlying IT systems more difficult for other USERS or to make the app inoperable, are to be refrained from. This includes, in particular, activities that can impair the physical or logical structure of the app or the IT systems behind it beyond the extent of the intended use and/or can lead to an unusually high load on the app or the associated servers. If such activities of a USER are aimed at rendering the App or the associated servers inoperable or making their use more difficult, EioS reserves the right to civil and criminal prosecution.
8.5. It is only permitted to use content provided within the app within the scope of the functions provided by the app. The use of other technical aids (e.g. sound recordings, crawlers, spiders, screen scraping, etc.) to obtain content is not permitted.
8.6. The USER is prohibited from modifying and/or eliminating copyright notices and/or brand names and/or other information in the contents of EioS.
9. Scope of the USER's rights of use
9.1. Insofar as the USER uses the app in accordance with these license conditions, EioS grants the USER a right to use the content provided within the app exclusively for the purpose of using the app for personal, non-commercial purposes for the one-time execution of the course offered within the app to the contractual extent. EioS grants the USER a simple (non-exclusive), non-transferable right of use.
9.2. The duration of the right of use exists until the USER has completed the course offered within the app. The USER can use the course again at any time by reactivating the app in accordance with Section 3.4.
10. Term of the user relationships / termination of the user relationships
10.1. The user relationship runs for an indefinite period. The use of the course within the app is governed by Section 5.3. The USER can delete the app at any time and thus terminate the user relationship.
11. Warranty / Liability for defects
11.1. The rights in the event of defects are governed by the statutory provisions.
12. Liability of EioS
12.1. The USER's claims for damages or reimbursement of futile expenses against EioS shall be governed by the following provisions, regardless of the legal nature of the claim.
12.2. The liability of EioS is excluded – regardless of the legal grounds – unless the cause of the damage is based on intent and/or gross negligence on the part of EioS or the employees, representatives or vicarious agents of EioS. Insofar as the liability of EioS is excluded or limited, this also applies to the personal liability of employees, representatives or vicarious agents of EioS.
12.3. For damages resulting from injury to life, limb or health, which are based on an intentional, grossly negligent or negligent breach of duty by EioS or a legal representative or vicarious agent of EioS, EioS is liable – regardless of the above provisions – in accordance with the statutory provisions.
12.4. If EioS negligently violates an essential contractual obligation, i.e. an obligation whose observance is of particular importance for the achievement of the purpose of the contract (essential contractual obligation or cardinal obligation), liability is limited to the typically occurring damage, i.e. to such damages, the occurrence of which must typically be expected within the framework of the contract. An essential contractual or cardinal obligation in the aforementioned sense is one whose fulfillment makes the proper execution of this contract possible in the first place and on the observance of which the USER regularly relies and may rely.
12.5. The liability of EioS according to the Product Liability Act (§ 14 ProdHG) remains unaffected.
13. Data security and data protection
13.1. EioS takes all technical and organizational measures necessary to ensure the security of the data provided via the app, but EioS cannot guarantee the integrity of the app without restriction.
14th. Notice pursuant to Art. 14 ODR Regulation
14.1. USERS who are consumers within the meaning of § 13 BGB, have the opportunity in the event of a dispute on the EU portal "Your Europe" (https://europa.eu/ to carry out an online conciliation procedure with the assistance of a recognized arbitration board. To do this, they can use the EU's online arbitration platform at the URL: https://ec.europa.eu/.
14.2. The online conciliation procedure is not a mandatory requirement for recourse to competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.
14.3. Other national provisions for the implementation of conciliation proceedings remain unaffected by the above provisions in sections 11.1 and 11.2.
15th. Notice according to § 36 VSBG
15.1. For USERS who are consumers within the meaning of § 13 BGB, it is generally possible to strive for an alternative dispute resolution procedure within the meaning of § 36 VSBG.
15.2. The alternative conciliation procedure is not a mandatory requirement for recourse to competent ordinary courts, but represents an alternative way of resolving differences that may arise in the context of a contractual relationship.
15.3. EioS does not participate in the alternative dispute resolution procedure within the meaning of § 36 VSBG.
16. Final provisions
16.1. 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.
16.2. In the case of USERS who are consumers, the above choice of law shall apply only to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the state in which the consumer has his habitual residence.
16.3. If the USER is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of EioS in Neuötting, Germany.
16.4. The same applies if the USER is an entrepreneur and has no general place of jurisdiction in Germany or if his domicile or habitual residence is not known at the time the action is brought. The authority of EioS to also appeal to the court at another legal place of jurisdiction remains unaffected by this.