Terms and Conditions

General Terms and Conditions (GTC)

of snore:end UG (haftungsbeschränkt)

§ 1 Application

1. These General Terms and Conditions (GTC) apply to the relationship between snore:end UG (haftngsbeschränkt), Flürleinstraße 37, 97076 Würzburg, Germany „Provider” and users „User” of the snore:end app.

2. Terms and conditions of the user shall not apply.

§ 2 Subject matter of the contract

1. The subject matter of the contract is the provision of the digital training app snore:end in return for payment. This app offers exercises for oral motor muscle training with the aim of reducing snoring.

2. The app contains training instructions, exercise descriptions, and detailed instructions for performing the exercises in word and picture.

3. The app is intended solely for the general fitness of the mouth and tongue muscles, as well as for learning the resting position of the tongue during sleep, with the aim of reducing snoring, and does not constitute a medical or speech therapy service, consultation, or other therapy.

§ 3 Contract

1. The presentation of the app in app stores or on websites does not constitute a binding offer.

2. By completing the purchase process in the app, the user makes a binding offer.

3. The contract is concluded upon confirmation of the purchase or activation of the app.

4. The purchase of the app by users who are resident in countries that are not members of the European Union is not permitted. A contract shall not be concluded if the user is resident outside the European Union. The conclusion of the contract is subject to the condition precedent that the user is resident in a member state of the European Union.

§ 4 Price and right of use

1. The payment amount stated in the app is a one-time fee.

2. Upon full payment, the user receives a singular, non-transferable, perpetual right to use the app on only one PC or mobile device.

3. Use is permitted exclusively for private purposes. Transfer to third parties or commercial use or use in the context of medical or speech therapy applications is only permitted with the prior individual approval of the provider.

4. The user may test the app to a limited extent before payment. To do so, the user may perform the first of the exercises or a possible alternative exercise. All further exercises are only accessible after payment has been received.

§ 5 Health requirements and obligations to cooperate

1. The user undertakes to perform the exercises exclusively in accordance with the instructions contained in the app.

2. The following are particularly important prerequisites for successful training:

   • Correct execution in accordance with the instructions

   • Regular use in accordance with the training plan

   • Free nasal breathing during the exercises and while sleeping

3. Users with existing health restrictions in the area of the oral cavity, for example cleft lip and palate, loose teeth or bridges, the respiratory tract, pneumological or pulmonological impairments – in particular breathing interruptions, sleep apnea or nasal breathing obstruction – are obliged to consult a medical doctor and/or dentist before starting the training and having the health safety of the exercises confirmed by a medical doctor and/or dentist or receiving individual medical supervision.

4. Use is at your own risk.

5. In the event that the exercises are not performed consistently for the entire training period according to the schedule, the app will reset the user back to the beginning of the training, so that they start the exercises again from the beginning.

§ 6 Disclaimer and limitation of liability

1. The exercises are performed at your own risk.

2. The provider does not guarantee a specific training success.

3. The provider is not liable for damage to health resulting from the use of the app unless this is due to intentional or grossly negligent behavior on the part of the provider.

4. In the event of a slightly negligent breach of essential contractual obligations, liability shall be limited to the foreseeable damage typical for this type of contract.

5. Liability for damage resulting from injury to life, limb, or health and under the Product Liability Act remains unaffected

6. In particular, the provider shall not be liable for damages resulting from:

   • exercises being performed improperly or contrary to instructions,

   • health restrictions not having been clarified in advance by a doctor,

   • the prerequisite of free nasal breathing not being met,

   • training being continued despite pain or physical discomfort.

§ 7 Technical requirements

1. The user is responsible for ensuring that their device meets the technical requirements for using the app.

2. The provider does not guarantee the uninterrupted availability of the app.

3. In accordance with the app's functional specifications, the user will be contacted by email, among other means, and reminded of exercises or training times, etc. Therefore, the availability of an email address is a prerequisite for the full use of the app.

§ 8 Warranty for digital products

1. The statutory warranty rights for digital products apply.

2. A defect does not exist if the impairment is due to insufficient system requirements on the part of the user.

3. The app is a technical product that may repeatedly exhibit defects in usability technical errors in the app programming are excluded from the warranty for defects. However, the user is requested to report any errors or malfunctions they discover in the app by email to snore-end@gmx.net. The provider will attempt to correct the technical error as soon as possible.

§ 9 Revocation

Consumers have a statutory right of withdrawal of 14 days after conclusion of the contract. Note on the expiry of the right of withdrawal for digital content:

The right of withdrawal expires prematurely if the user begins with the execution of the contract before the expiry of the withdrawal period and confirms his knowledge that he loses his right of withdrawal by this consent.

§ 10 Final provisions

1. The law of the Federal Republic of Germany shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods is excluded.

2. The place of jurisdiction for all disputes shall be governed by the law of the Federal Republic of Germany.

3. Amendments or additions to the contract are only possible in text form. This also applies to the waiver of this text form clause itself.

4. Should individual provisions of these General Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected.