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.
We, the qur digital therapeutics GmbH, pursue a great vision: We want to convey the possibilities of the power of breathing to every person in the world in order to sustainably increase their individual quality of life. With our products and services we create the most important conditions for this. We focus especially on effectiveness as well as motivation and accompany our users intensively on their way from the beginning. The following General Terms and Conditions define the legal framework for the use of ATEM and the services we offer. Please read these terms and conditions carefully. The following General Terms and Conditions define the legal framework for the use of ATEM and the services we offer. Please read these terms and conditions carefully.
2.1. Contractual partner and subject matter of the contract
These General Terms and Conditions form the basis for the contract of use that is concluded between you and us, Qur Digital Therapeutics GmbH, Amalienstrasse 71, 2nd RG, 80809 Munich, Germany (hereinafter referred to as "us" or "we"). Qur Digital Therapeutics GmbH is the publisher of the ATEM app. The subject matter of this Agreement is the use, free of charge or against payment, of the services offered by us under the name ATEM via our website www.atem.app, other websites or via our software applications (hereinafter individually the "ATEM Service" and collectively the "ATEM Services" or generally "ATEM"). If you wish to use a mobile app to access the ATEM Services, please visit www.atem.app to see if we offer a mobile app for your device or for your device's operating system.
2.2. Prerequisite for participation
The prerequisite for opening a user account and using the ATEM services is that you are already 18 years old and have full legal capacity. ATEM is aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The use of ATEM for commercial or other commercial purposes is expressly prohibited.
2.3. Additional conditions
We reserve the right to agree on supplementary conditions for individual ATEM services. However, we will inform you of this in good time before use.
3.1. Paid and unpaid services
The scope of the ATEM Services contained in ATEM and usable by you depends on whether and which ATEM Services you use free of charge or against payment. If you use the ATEM Services free of charge, you only have access to certain basic functions and information of the respective ATEM Service. An extended range of functions is available to you if you activate certain contents (such as a breath training program) for the respective ATEM Service separately for a one-time payment or as part of a subscription.
You can always find the current price and subscription models and the services that can then be used at the corresponding location (e.g. the respective App Store) in the corresponding offer presentation. All prices quoted include the applicable value-added tax.
4.1. Health requirements
The use of the ATEM Services is at your own risk. A prerequisite for the use of the ATEM services is in any case a good general health. If you are aware of any pre-existing conditions, we strongly recommend that you honestly disclose them when registering with ATEM so that our digital breathing coach can take them into account when creating your individual exercise program.
4.2. No substitute for medical advice
The services and information offered within the framework of ATEM and the ATEM Services are neither medical nor medical advice. They are also no substitute for a medical examination or treatment.
5.1. Registration process
How the respective contract comes into being depends on the way you register for ATEM for the first time and whether you make use of additional paid services.
6.1. Conclusion of contract for paid one-time additional services or subscriptions
You can purchase individual additional services either by paying a one-time amount or within a subscription. If you purchase the additional service via your mobile app, the contract is concluded when you click on the "Buy now" field or a comparable field as part of an in-app purchase and, if required, enter your password for the respective app store.
6.2. Correction of input errors
If you want to purchase a one-time additional service or a subscription via in-app purchase from one of our mobile apps, we do not request any further billing or payment data from you, as you purchase the service via your account with your app store provider. Please contact them if you need to correct any input errors.
6.3 Contract amendment
If you change your subscription (e.g., by upgrading), ATEM or the applicable Store provider (e.g., Apple) will terminate your existing subscription (the "Original Subscription") and your newly selected subscription (the "Upgraded Subscription") will begin immediately and will be active for the period you select. You will have immediate access to all features and content provided with your upgraded subscription. The contract for the updated subscription is concluded as described in §6. - If you purchased your original subscription through ATEM, the purchase price already paid for the remaining contract period of this subscription will be credited proportionally to the purchase price of the upgraded subscription. This means that you will only be charged the difference between the two amounts once for the upgraded subscription. - If you purchased your original subscription through Apple, Apple will refund the purchase price paid for the remainder of the term of that subscription. You will receive your upgraded subscription at the price shown to you at the time, which Apple will charge you in full. - If you purchased your subscription through the Google Play Store: In the event of a contract change, your original subscription will automatically end. The Google Play Store will credit you with unused amounts for the upgraded subscription under the original subscription. Once this credit is used up, the Google Play Store will automatically renew your subscription at the price of and for the payment interval you selected. Thereafter, your subscription will automatically renew for the period of the minimum term selected until cancelled by you or us. With the automatic renewal of the updated subscription, you will then be charged the full price for the subscription.
7.1. User Agreement
The user contract concluded between you and us with the opening of a user account is valid for an indefinite period of time.
7.2. One-time additional services
One-time additional services can be offered for a fixed term. They then end automatically at the end of the term without the need for cancellation.
Our subscriptions are offered with different minimum terms and will automatically renew for the period of the selected minimum term until cancelled by you or us. To avoid misunderstandings, please note that the duration of a subscription is based on the calendar and is independent of the duration and extent of your use of the respective ATEM Service.
8.1. Collection of fees
When purchasing additional services by paying a one-time amount, the fees are collected at the time the contract is concluded. When purchasing a subscription, the fee is collected in advance for the respective minimum term at the time the contract is concluded. If the subscription is automatically renewed, the fee shall be collected in advance at the beginning of the respective renewal period. This does not apply if the fee is collected via iTunes, where the fee is collected 24 hours before the start of the respective billing period.
We reserve the right to assert further claims due to default of payment.
If you purchase ATEM services via in-app purchases, you will be billed by the provider of the respective store. Please inquire with this provider which means of payment are available. If we incur costs and/or expenses when a payment is rejected and you are responsible for this (e.g. because the account is not covered or the limit of the credit card is already exhausted), we are entitled to charge you the actual amount of the costs and/or expenses incurred. If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you payment by installments for a fee. This fee is charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that in the event of a cancellation, we can therefore not refund these fees. We reserve the right not to offer certain means of payment and to refer to other means of payment in case of a justified reason for each purchase.
10.1. Cancellation policy
If you conclude a user contract or a contract for a one-time additional service or a subscription with us, you have the following right of withdrawal in each case. You have the right to revoke the contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day of the conclusion of the contract. Please note that certain products or services may be offered exclusively in packages. These packages are non-divisible services, so that a partial revocation is excluded. Of course, you are free to revoke the contract with regard to the entire package. In order to exercise your right of withdrawal, you must contact us: Qur Digital Therpeutics GmbH Amalienstrasse 71, 2nd RG 80809 Munich email@example.com by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke the contract. You can use the model withdrawal form below, which is not mandatory. To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the cancellation period.
Consequences of the revocation
If you revoke the 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 the 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 for this repayment. If you incur fees when using a payment method (e.g. purchase on installments), which are charged directly by the respective payment method provider and must be paid to them accordingly, these fees are excluded from reimbursement by us in the event of a revocation. If you have requested that the services begin during the revocation period, you must pay us an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided for in the contract.
End of the cancellation policy
10.2. Expiry of the right of withdrawal
The right of withdrawal shall also expire in the case of a contract for the provision of services if we have provided the service in full (e.g. live breathing courses in the ATEM App) and have only started to perform the service after you have given your express consent to this and at the same time have confirmed your knowledge that you lose your right of withdrawal when we have performed the contract in full. The right of withdrawal also expires in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have started the execution of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal with the start of the execution of the contract.
10.3. Sample form for your revocation
To make the cancellation process as easy as possible for you and to avoid possible queries, we offer you to use the following cancellation form for your cancellation. Of course, you can also use another cancellation form. In any case, please make sure to tell us which ATEM Service you want to cancel. If you want to cancel the contract, please fill out this form and send it back to: Qur Digital Therapeutics GmbH Amalienstraße 71, 2nd RG 80809 Munich firstname.lastname@example.org
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*) Ordered/received on (*) Name of the consumer(s) Address of the consumer(s) E-mail address of the consumer (ATEM user account) Signature of the consumer(s) Date (*) delete as applicable
ATEM is always offering various promotions, sales and promotions such as referral programs. ATEM users learn about the promotions via the newsletter and are informed about the status. The promotions are not a fixed part of the ATEM offer and are usually limited in time. There are separate terms and conditions for the promotions, which can be viewed and accessed at Information and Participation.
12.1. Legal requirements
The statutory provisions shall apply to claims based on defective performance. Your rights as a consumer remain unaffected in any case.
12.2. No Guarantee
We make no representations or warranties that the goal set by you, the desired training or other result will be achieved by using the respective ATEM Service. We do not owe a concrete success. In addition, the result of the exercises is also influenced by factors that cannot be controlled, such as physical predispositions and previous conditions, so that the result can vary greatly for different people despite the same use of the ATEM Services.
If you are provided with instructions (e.g. for certain exercises) within the framework of our ATEM Services, you must comply with these instructions without fail, as otherwise there are health risks. You are obligated to observe our health instructions in section 4.
13.2. Liability for services provided free of charge
In the case of services provided free of charge, we shall be liable, irrespective of the legal grounds, exclusively for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In the case of intent, our liability is generally unlimited. In the case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. In all other respects our liability is excluded.
13.3. Liability for services rendered against payment
In the case of services rendered against payment, we shall be liable, irrespective of the legal grounds, for damages due to intent and gross negligence or the absence of a guaranteed characteristic, in principle without limitation. If we violate an essential contractual obligation with slight negligence, our liability shall be limited to the typical, foreseeable damage. An essential contractual obligation is any obligation that is necessary for the fulfillment of contractual purposes and on the fulfillment of which you as a consumer can or could have relied. Our liability in the event of injury to life, limb or health for which we are responsible shall remain unaffected by the aforementioned limitations. In all other respects our liability is excluded.
13.4. Liability of our employees
To the extent that our liability is excluded or limited, the exclusion or limitation shall also apply in favour
13.5. Product liability
Claims under the Product Liability Act shall remain unaffected by the aforementioned exclusions or limitations of liability.
The services offered by us contain, depending on which services you are activated for or which you have purchased, copyrighted or otherwise protected content to which we have the corresponding rights. We grant you a simple and non-transferable right to use this content in non-commercial form within the framework of the contractual provisions. For the avoidance of doubt, we would like to point out that you are not permitted to distribute our content or make it available to the public, e.g. on websites outside the ATEM websites. The right to use expires when you are no longer activated for the respective service (e.g. after cancellation of your subscription) or with the termination of the user relationship.
15.1. No responsibility for external content
You are solely responsible for content you upload within the ATEM Services. We do not adopt it as our own and do not review it. You are prohibited from advertising commercial websites or other products through your user account.
15.2. No infringement of rights
You are obliged to observe all applicable laws and other legal provisions of the Federal Republic of Germany when providing your own content. Regardless of whether this constitutes a criminal offense, it is generally prohibited to provide content that is of a pornographic, sexual, violent, racist, inciting, discriminatory, adult, insulting and/or defamatory nature. Furthermore, you are obligated not to violate the rights of third parties. This applies in particular to personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights, etc.). In particular, you must also be the owner of the necessary rights to your profile picture and other photos posted by you. We are entitled at any time without prior notice to delete or remove content that is illegal or violates the aforementioned principles. If you violate the aforementioned principles, we are entitled to warn you or to temporarily block your user account or to terminate the user contract for good cause in accordance with section 16.3.
In the event that you violate the principles set forth in Section 15.2 and are at fault (i.e., you have acted either negligently or intentionally), you must indemnify us against all third-party claims based on such violation. The indemnification shall also include the costs of a reasonable defense. You are obliged to assist us in clarifying the facts in dispute. We reserve the right to assert claims for damages and other claims.
16.1. User contract
You have the right to delete your user account at any time and without giving reasons, and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your profile. Please note that after deleting your user account, all content and exercise services you have posted will be deleted or could be deleted by us and you will no longer have access to content you have already purchased. If at the time of deletion of your account you still have a current subscription or have booked an additional service whose term has not yet ended, any amount already paid by you will not be refunded - not even proportionally. We are entitled to terminate the user contract without giving reasons with a notice period of two (2) weeks in text form, at the earliest, however, at the end of the minimum term or the respective extension period of your subscription and/or at the end of the term of a one-time paid additional service.
Each subscription to a ATEM Service must be cancelled individually. You can cancel the subscription at any time without giving reasons, effective at the end of the minimum term or at the end of the respective renewal period. You can cancel your subscription by sending an email to email@example.com or by post. Subscriptions purchased in-app must be cancelled in the settings of the respective store. If your subscription fee is collected via iTunes, a notice period of 24 hours to the end of the minimum term or to the end of the respective renewal period applies, in deviation from the above, for technical reasons. After cancellation of a subscription, your user account as well as further subscriptions remain valid, subject to further cancellation. We are entitled to terminate any subscription at the end of the minimum term or at the end of the respective renewal period with a notice period of two (2) weeks in text form.
16.3. Termination for cause
The right to terminate for cause remains unaffected for both parties. In particular, we are entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of the user agreement and/or these Terms and Conditions or are in default with your payment obligations despite a reminder.
The EU Commission provides a platform for out-of-court dispute resolution. This gives consumers the opportunity to resolve disputes in connection with your online order out of court first. You can find the dispute resolution platform here: https://ec.europa.eu/consumers/odr/ Consumer information: Non-participation in a dispute resolution procedure. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board. You can find our e-mail address in the imprint.
We reserve the right to change and adapt these General Terms and Conditions with effect for the future if this is necessary due to changes in the legal, regulatory or technical framework conditions and the changes are reasonable in good faith, taking into account your interests. We will notify you of the changes by e-mail no later than two (2) weeks before the new version of the General Terms and Conditions is scheduled to take effect. If you do not object to the validity of the new General Terms and Conditions within this period and you continue to use ATEM, the new General Terms and Conditions shall be deemed accepted. In case of objection we expressly reserve our ordinary rights of termination. We will also inform you separately about your right of objection, the deadline and the legal consequences of your silence or objection.
20.1. Applicable law
German law shall apply exclusively between the parties to the exclusion of 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, provided that it concerns mandatory consumer law provisions.
If you do not have a general place of jurisdiction in Germany or in another EU member state or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions have become effective 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
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
Qur Digital Therapeutics GmbH Amalienstrasse 71, 2nd RG 80809 Munich Germany E-mail: firstname.lastname@example.org Managing Director: Maximilian Wagner, Florian Reiss Registered at the local court of Munich: HRB 253911 These General Terms and Conditions can be viewed at https://www.atem.app/de/agb. Version 17.10.2022