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User agreement and licence for
pelvina daily

  
 

1. About us

1.1 “We”, “us”, and “our” means Temedica GmbH, a company registered in Germany with commercial registry number HRB 227049.

1.2 Our registered office address is Erika-Mann-Str. 21 | 80636 München (Munich).

1.3 Our phone number is +442038851629, and our email address is services@pelvina-daily.co.uk. You can use these for any questions, complaints, claims, or correspondence relating to our app, our services, and our content.

2. About our app and our content

2.1 In this agreement, when we talk about “our app”, we mean pelvina daily.

2.2 Our app includes access to workouts, exercises, videos, instructions, and other visual and audio material. In this agreement, when we talk about “our content”, we mean these things.

3. Important: we do not provide medical or healthcare advice

3.1  Our app is intended for women over 18 years of age, in good health, and without previous illnesses, surgery, or conditions which might make use of our app unsafe or unwise. If you are pregnant or just have given birth, or are not sure if our app is suitable for you, you must contact a doctor or midwife before using our app. 

3.2  We are not a provider of health care or medical devices, nor should you consider our app or content as medical advice, as only a doctor or other medical professional can do this. 

3.3 We make no claims, representations or warranties that our app or our services provide physical or therapeutic benefits.

3.4 You use our app at your own risk. If you feel unwell while using our app, stop using it immediately, and consult a medical professional.

4. Restrictions

4.1 You must be aged 18, and a consumer, to download and use our app.

4.2 If you are either or both under 18 and not a consumer, if you have already downloaded our app, you must delete it from your device.

5. Our agreement with you

5.1 This agreement applies to your use of our app. By using our app, you are entering into this agreement. This agreement applies to the exclusion of any terms you supply, provide, or otherwise attempt to incorporate, and it supersedes all previous negotiations, understandings and representations. 

5.2 If you do not agree to this agreement, you are not permitted to download or use our app. If you have already downloaded the app and do not agree to this agreement, you must delete our app immediately.

5.3 In addition to the terms of this agreement, if you have downloaded our app through a third party’s application store, the terms and conditions of that application store may apply in addition to these.

6. Cost of our App

6.1 Our App is available for use free of charge, and you can download and use it without payment. 

6.2 We reserve the right to refuse or cancel registrations.

7.  Copyright and rights to the data

7.1 The content offered via the app (texts, images and other works) including the instructions for use from us are protected by copyright.  We make these available to the user exclusively for his own, private purposes. The user receives a non-exclusive, time-limited and non-transferable right of use to the app and its contents. The user is not permitted to use the app for any other purpose without our prior written consent.

7.2  The user transfers to us a transferable right of use, unlimited in time and place, to all data collected within the scope of the app.  Within the scope of what is permissible, we are entitled to use and exploit the collected data for our own purposes, but only in anonymized and aggregated form when making it available to third parties, in compliance with data protection laws.

7.3 This clause shall survive the termination of this Agreement. 

8 Service access, suspension, and maintenance 

8.1 While we will use our reasonable efforts to maintain and operate our app, we make no promises that it will always be available or functioning, nor that they will be fault-free. 

8.2 We may restrict or suspend all or part of our app or your access to our content if, in our reasonable opinion, you fail to comply with your obligations under this agreement, or if we consider it is necessary to do so:

8.2.1 To stop or mitigate any security or integrity incident, threat or vulnerability, or problem or attack affecting our network, equipment, or services (including any network, equipment, or services provided to another customer);

8.2.2 To deal with behavior which, in our reasonable opinion, amounts to misuse of our app, our content, or our services; or

8.2.3 To comply with a legal obligation.

8.3 We reserve the right to make changes to our App without notification to you. We are always looking for ways to improve our App and our content and reserve the right to add new features or change or remove existing features.

9 Ending this agreement

9.1 You can stop using our app whenever you want, and you don’t have to tell us, but you are not entitled to a refund for any sums you have paid us. If you have taken out a subscription and wish to cancel it, you must do so in accordance with clauses 6.5 or 7, as otherwise it will continue to renew automatically.

9.2 We may terminate this agreement immediately if: 

9.2.1 We are entitled to do so under this agreement;

9.2.2 You commit a material breach of an obligation under this agreement;

9.3 If we terminate this agreement, you will no longer be able to access our app or our content, including any content for which you have paid.

9.4 Cancellation or termination of this agreement or of any subscription shall not affect any rights, obligations or liabilities of either party that have accrued before termination or that are intended to continue to have effect beyond termination.

10 Indemnification 

10.1 The user is responsible for the accuracy, completeness and legality of the data and information posted by him. Should another user or any other third party assert claims against us due to an infringement of their rights by the data or information posted, selected or published by the user, the user shall indemnify us against all claims, including claims for damages. The user shall bear all reasonable costs incurred by us due to an infringement of third party rights, including reasonable costs incurred for legal defense. All further rights and claims for damages on our part shall remain unaffected. If the user is not responsible for the infringement in question, the above obligations of the user shall not apply.

10.2 In the event of an infringement of the rights of third parties by the user's use of our services, the user shall immediately discontinue the use in violation of the contract or the law after being requested to do so by us.

11 Responsibility and liability  

11.1 We are not responsible for the accuracy and currentness of all content posted by users. We will investigate indications of possible infringements of rights by content posted by users via the online forum, remove any infringements discovered without delay and take all measures to reliably exclude future infringements of rights.

11.2 Our course content has been created by qualified experts on the basis of the current state of science and technology and is updated on an ongoing basis. However, none of the course content of our offers of our app can guarantee training success. The user uses the our offers on his own personal responsibility and at his own risk. The course contents are neither medical or therapeutic advice nor do they replace such advice. If instructions are provided in the course (e.g. for certain exercises), these must be followed. However, it should also be noted that an exercise may be unsuitable for the user even if the instructions are followed; for example, due to the user's physical constitution. It is therefore the responsibility of each user to seek medical advice as to whether and which exercises may be suitable for the user.

11.3 The user is responsible for keeping his access data secret and protecting it from access by unauthorized third parties. If the user loses his access data or if he suspects that his access data is being used by a third party, the user is required to immediately request a new password from us. We shall not be liable for any damage caused by the access data falling into the hands of third parties.

11.4 In the event of slight negligence, we shall only be liable in the event of a breach of material contractual obligations (cardinal obligations), i.e. obligations which the contract imposes on us in accordance with its content and purpose or the fulfillment of which is essential for the proper performance of the contract and on the observance of which the user may regularly rely. In this case, this liability is limited to the typical damage foreseeable at the time of conclusion of the contract.

11.5 The aforementioned limitations of liability shall not apply in the case of damage caused intentionally or by gross negligence, in the case of culpably caused bodily injury, for liability under the Product Liability Act, the assumption of express warranties by us and in the case of other mandatory liability.

11.6 To the extent that limitations of liability in favor of us are regulated in this Section 11, these shall also apply to our legal representatives, vicarious agents and assistants.

12 Governing law and place of jurisdiction

12.1 Notice for the service of court proceedings shall be by a signed-for postal service which provides proof of delivery, or by courier, and such notice shall be addressed to us, addressed to the Managing Director, and sent to the address set out in clause 1.2.

12.2 This Agreement, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed at all times in accordance with the laws of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sales of Goods (CISG) and the exclusion of the rules on conflict of laws. The parties submit to the exclusive jurisdiction of the Courts in Munich, unless applicable local law rules otherwise. 

12.3 IF YOU ARE A RESIDENT OF THE UNITED STATES OF AMERICA OR THE UK, THE COURTS OF LONDON, ENGLAND SHALL HAVE EXCLUSIVE JURISDICTION TO THE EXTENT PERMITTED BY LAW.

YOU FURTHER AGREE THAT ONLY THE DATA PROTECTION LEGISLATION IN FORCE IN THE EUROPEAN UNION WILL APPLY AND THE PRIVACY NOTICES WHICH YOU MAY ACCESS UNDER SECTION 15 WILL APPLY.

12.4 This clause survives cancellation or termination of this agreement.

13 Data Privacy 

Privacy notices can be found by users at:

Privacy policy of the pelvina.com website: https://pelvina.com/datenschutz 

Privacy policy of the pelvina-daily app: https://pelvina.com/datenschutz-app

14 Alternative Dispute Resolution

14.1 The European Commission provides a platform for online dispute resolution. This gives you to the extent eligible the opportunity to resolve disputes in connection with an online order without going to court. More information is available at the following link: https://ec.europa.eu/consumers/odr/

14.2 We are generally not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.

15 Final Provisions

15.1 We reserve the right to modify these contractual terms and conditions

15.2 These contractual terms and conditions shall remain legally binding in their remaining parts even if individual clauses are legally invalid.