General terms and conditions for the use of ATEM

General note: The following General Terms and Conditions of ATEM apply to consumers who have their regular residence in Germany. Furthermore, in these General Terms and Conditions for the use of ATEM, the masculine form is used exclusively for reasons of better readability. It refers to persons of both genders or persons who do not feel clearly assigned to any gender.

1. Introduction

We, the Qur Digital Therapeutics GmbH, have developed the ATEM app to help individuals improve their quality of life through the power of breathing. These General Terms and Conditions outline the legal framework for using the ATEM app and the services we provide. Please read these terms and conditions carefully before using our services.

2. Scope of Application

2.1. Contractual Parties

These General Terms and Conditions establish the contractual agreement between you and Qur Digital Therapeutics GmbH, located at Amalienstrasse 71, 2nd RG, 80809 Munich, Germany (referred to as "us" or "we"). Qur Digital Therapeutics GmbH is the publisher of the ATEM app. By using the ATEM app, you agree to be bound by these terms and conditions.

2.2. User Requirements

To use the ATEM app, you must be at least 18 years old and have the legal capacity to enter into a contract. The ATEM app is intended for consumer use only. Commercial use of the app is strictly prohibited.

2.3. Additional Conditions

We reserve the right to introduce additional conditions for specific ATEM services. In such cases, we will provide you with relevant information and terms before you use those services.

3. ATEM Services and Pricing

3.1. Free and Paid Services

The availability and functionality of ATEM services may vary depending on whether you use them for free or pay for access. Free users have access to basic functions and limited information. Paid users, on the other hand, can unlock additional features and content by making one-time payments or subscribing to specific programs.

3.2. Pricing

The current prices, subscription models, and available services can be found on the relevant platform (e.g., the App Store). All prices include applicable value-added tax.

4. User Health

4.1. Health Requirements

Using the ATEM services is at your own risk. It is essential that you are in good overall health to utilize the services. If you have any pre-existing medical conditions, we strongly recommend disclosing them during the registration process. This information will be taken into account when creating your individual exercise program.

4.2. Not a Substitute for Medical Advice

The services and information provided through ATEM are not intended to serve as medical advice. They should not replace a medical examination or treatment from a qualified healthcare professional.

5. User Account

5.1. Registration Process

To access ATEM services, you must register and create a user account. One user account is sufficient even if you wish to use different ATEM services across multiple apps. During the registration process, you will need to accept these Terms and Conditions and our Privacy Policy. Once registered, you will receive an email with a verification code to complete the process.

5.2. Google and Apple Account Integration

Alternatively, you can log in to your user account using your Google or Apple account credentials. By doing so, the registration process will be completed once you enter the corresponding account data and click on the "Confirm" field.

6. Contract

6.1. Contract for Additional Services or Subscriptions

You have the option to purchase additional services or subscribe to specific programs within the ATEM app. If you choose to make a one-time payment or in-app purchase, the contract is concluded when you click the "Buy now" or equivalent button and, if required, enter your app store password.

6.2. Correction of Input Errors

For in-app purchases, no additional billing or payment data is required as the transaction is processed through your app store account. If you need to correct any input errors related to your purchase, please contact your app store provider directly.

7. Duration of Terms

7.1. User Agreement

The user contract between you and us is valid indefinitely from the moment you open a user account.

7.2. Additional Services

One-time additional services may have fixed terms and will automatically end at the conclusion of the specified term without the need for cancellation.

7.3. Subscriptions

Subscriptions have different minimum terms and will automatically renew for the selected duration unless canceled by you or us. The duration of a subscription is independent of your actual use of the ATEM services and is based on the calendar.

8. Terms of Payment

8.1. Collection of Fees

When purchasing additional services with a one-time payment, the fees are collected at the time of contract conclusion. For subscriptions, the fee is collected in advance for the minimum term and at the beginning of each renewal period. The specific collection process may vary depending on the app store provider.

8.2. Delay

In case of payment default, we reserve the right to pursue further claims and may charge additional fees for late payments.

9. Means of Payment

When making purchases through in-app payments, you will be billed by the respective app store provider. Please check with the provider for available payment methods. If a payment is rejected and you are responsible for the rejection (e.g., insufficient funds), you will be liable for any resulting costs or expenses. We reserve the right to limit or modify available payment methods.

10. Right of Withdrawal

10.1. Cancellation Policy

You have the right to withdraw from the contract within fourteen days of its conclusion without providing a reason. To exercise this right, you must notify us of your decision to withdraw by sending a clear declaration (e.g., by mail or email). You can use the provided withdrawal form, although it is not mandatory. Please note that certain services may be exempt from cancellation, and your right of withdrawal may expire under specific circumstances.

10.2. Expiry of the Right of Withdrawal

The right of withdrawal may expire for certain services, such as fully performed services or the delivery of digital content, if you have given express consent and acknowledged the loss of your right of withdrawal upon execution of the contract.

10.3. Sample Form for Withdrawal

A sample withdrawal form is provided for your convenience. You may use this form or any other clear statement to communicate your withdrawal. Please specify the ATEM Service you wish to cancel and send the completed form to the provided address.

11. Special Actions and Promotions

ATEM may offer special actions, promotions, or referral programs from time to time. These promotional activities have separate terms and conditions, which will be made available to you. Please refer to the information and participation details provided for each specific promotion.

12. Liability for Defects

12.1. Legal Requirements

Claims related to defective performance are subject to the statutory provisions. Your rights as a consumer remain unaffected.

12.2. No Guarantee

We do not guarantee that the desired results or goals will be achieved through the use of ATEM services. Results may vary depending on individual factors, and we do not assure specific outcomes. Factors beyond our control, such as personal characteristics and conditions, can affect the effectiveness of the exercises.

13. Liability

13.1. General

When following instructions provided within ATEM Services, it is crucial to adhere to them strictly to avoid health risks. Users are responsible for complying with health instructions as outlined in Section 4.

13.2. Liability for Free Services

For free services, our liability is limited to damages caused by willful intent or gross negligence or the absence of a guaranteed characteristic. We assume no liability for other circumstances.

13.3. Liability for Paid Services

For paid services, our liability is not generally limited and covers damages caused by willful intent, gross negligence, or the absence of a guaranteed characteristic. We may limit liability for slight negligence to the typical and foreseeable damage, while our liability for injury to life, limb, or health remains unaffected.

13.4. Liability of Employees

Any exclusion or limitation of liability applies not only to us but also to our employees and agents.

13.5. Product Liability

These liability provisions do not affect claims under the Product Liability Act.

14. Rights of Use of ATEM Contents

The ATEM services include copyrighted and protected content for which we hold the necessary rights. We grant you a non-transferable right to use this content within the contractual framework for non-commercial purposes. Distribution or public availability of our content outside the ATEM app is strictly prohibited. Your right to use the content ceases upon termination of the user relationship or deactivation of the respective service.

15. Responsibility for User-Generated Content

15.1. No Responsibility for External Content

You are solely responsible for the content you upload within the ATEM services. We do not endorse or review user-generated content. Advertising commercial websites or products through your user account is prohibited.

15.2. No Infringement of Rights

When providing your own content, you must comply with all applicable laws and regulations. Content that is pornographic, sexual, violent, racist, inciting, discriminatory, adult, insulting, or defamatory is strictly prohibited. You must also respect the rights of third parties, including personal and intellectual property rights. We reserve the right to delete or remove any illegal or violating content. In case of violation, you are obligated to indemnify us against third-party claims.

16. Contract Termination

16.1. User Contract

You have the right to delete your user account at any time. By doing so, you terminate your user contract. Please note that deleting your account may result in the loss of content and access to purchased services, with no refund for ongoing subscriptions or unused services.

16.2. Subscription

Each subscription must be canceled individually. You can cancel your subscription at any time, effective at the end of the minimum term or the current renewal period. Specific cancellation procedures may apply depending on the platform or app store. After canceling a subscription, your user account and any remaining subscriptions will remain active unless further cancellation is requested.

16.3. Termination for Cause

Both parties reserve the right to terminate the user agreement or a subscription with immediate effect in case of serious or repeated violations of the terms and conditions or non-payment despite reminders.

17. Data Privacy (Data Protection)

We process your personal data in accordance with our privacy policy. Please refer to the current version of our privacy policy, available at the provided website. The privacy policy explains how your personal data is handled, including its visibility to other users and the available privacy settings.

18. Online Dispute Resolution

The European Commission provides an online platform for out-of-court dispute resolution. This platform allows consumers to resolve disputes related to online orders without resorting to legal action. The platform can be accessed at the provided website. Please note that we are not obligated to participate in a dispute resolution procedure before a consumer arbitration board.

19. Changes to the General Terms and Conditions

We reserve the right to change and adapt these General Terms and Conditions. Changes may be necessary due to legal, regulatory, or technical reasons. We will notify you of any changes via email at least two weeks before the new terms come into effect. If you do not object to the revised terms and continue using the ATEM app, the updated terms will be considered accepted. In case of objection, you have the right to terminate the agreement. Further information regarding your right to object will be provided separately.

20. Final Provisions

20.1. Applicable Law

German law shall apply exclusively between the parties, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable if it concerns mandatory consumer law provisions.

20.2. Jurisdiction

In the event that you do not have a general place of jurisdiction in Germany or another EU member state, or if you have moved your permanent place of residence outside the EU after these General Terms and Conditions have taken effect, or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.

20.3. Contract Language

The contract language is German.

20.4. Severability Clause

If any provision of these General Terms and Conditions is or becomes invalid, the validity of the remaining provisions shall not be affected.

21. Provider Information

Qur Digital Therapeutics GmbH Amalienstrasse 71, 2nd RG 80809 Munich Germany E-mail: Managing Director: Maximilian Wagner, Florian Reiss Registered at the local court of Munich: HRB 253911 These General Terms and Conditions can be viewed at . Version: 12.07.2023