General Terms and Conditions (GTC) snorefree in English

  1. snorefree training and effectiveness

 

Snore Free GmbH, Mittersteig 9/5, 1040 Vienna, Austria, (hereinafter referred to as “snorefree”) operates under the name “snorefree” mobile applications and websites (“snorefree” products).

 

The information and exercises provided by snorefree are not meant to substitute professional medical advice, care or treatment. snorefree is an exercise program to improve the muscular soft-tissue structure in the back of the throat, whose weakening is often responsible for sleep-related airway constriction such as snoring. With expertly performed exercising these structures can be strengthened and tightened so that the airway during sleep remains open and the snoring is reduced or minimized.

 

snorefree is not an official standard treatment in sleep medicine, since an insufficient number of studies are available worldwide as of yet. Empirical observations have shown a positive effect of oral exercising and the night-time airway situation.

 

snorefree does not provide medical diagnoses and does not substitute a visit to the doctor or other medically necessary forms of treatment on the subject. For a complete organic diagnostic confirmation, a medical examination is always required. The user assumes full responsibility for further medical steps.

 

snorefree can bring about its desired effect only by proper application of the exercise program with complete and exact adherence to the framework conditions prescribed and shown in the app and the videos.

 

  1. Scope

 

2.1. snorefree offers its products to the user based on these General Terms and Conditions („GTC”). The user agrees that only our GTCs shall apply in case our products are used. It is understood that in case of doubts concerning the use of General Terms and Conditions by the user, it must be assumed that our GTCs shall apply, even if the Terms and Conditions of the contractual partner remain uncontested.

 

2.2. These General Terms and Conditions apply to all products from snorefree.

 

2.3. The GTCs in the version available on the homepage of snorefree at the time of use of services shall apply. If the GTCs change and the user does not agree with the changed General Terms and Conditions, the user cannot continue to use the Snore Free products.

 

2.4. The user acknowledges and agrees that when using “snorefree” on smartphones, tablets and other devices, when transmitting data to “snorefree” and when buying the rights of use via app providers, their respective Terms of Use and General Terms and Conditions may apply.

 

  1. Contents of the contract

 

3.1. The object of the agreement is the free and/or paid use of snorefree (item 1) via website, apps (IOS and Android).

 

3.2. The user hereby acknowledges and agrees that possible costs from the Internet or mobile provider for the transmission of data from smartphones and devices to the snorefree platform, shall be borne by the user.

 

  1. Terms of use

 

4.1. All snorefree products require registration for their use. To use the free products a one-time free registration is required. In this case, the user is granted only limited access to certain features and content of snorefree.

 

4.2. 1. In the case of paid use of snorefree products the user is granted unlimited access to all features and content of snorefree.

 

4.2.2. In the event of a monthly subscription this access is granted for a period of 30 days.

 

4.2.3. In the event of an annual subscription this access is granted for a period of 365 days from the day of registration. Monthly and annual subscriptions are subject to charge.

 

4.2.4. Furthermore, snorefree can offer its products in connection with special offers to which additional conditions or limitations may apply. These conditions of these promotions and special offers are not applicable to existing legal relationships.

 

4.3. The registration can be done

 

4.3.1. by means of the registration form on the homepage of snorefree

 

4.3.2. by means of the snorefree app

 

4.3.3. by means of acquisition of the registration data of the user by snorefree from the social networks of Facebook or Google. This registration also requires the consent of the user that the selected data already confirmed on these social networks may be adopted in the snorefree network.

 

4.4. Registration must be complete and correct. The use of fantasy names or pseudonyms is not permitted.

 

4.5. The user is obliged to protect his registration data against unauthorized access by third parties, misuse or fraudulent uses, insofar as this is within his sphere of influence. The user must immediately report any suspicious or unauthorized misuse of his account to snorefree (via e-mail).

 

4.6. snorefree is entitled to block the account of any registered user in the event of an improper or fraudulent use of the account.

 

4.7. When choosing a monthly or annual subscription, the user shall confirm that he has reached the age of 16 and that in his legal capacity of natural persons he is entitled to conclude contracts. If a minor is not allowed to enter into a contract without the consent of the legal guardian, for the effectiveness of the contract it is necessary to submit the written consent of the guardian to the contact address of Snore Free.

 

4.8. With the registration, the user acknowledges the effectiveness of the General Terms and Conditions for his contractual relationship. He confirms the correctness and completeness of all the data and information provided by him.

 

4.9. snorefree reserves the right to reject the conclusion of a contract between users without giving reasons. The transmitted data will be deleted immediately, if necessary. In the event that the registration data is inaccurate, outdated or incomplete, Snore Free reserves the right to terminate and delete the corresponding user account with immediate effect and without notice and to prohibit future use without snorefree obligation to reimburse the user for the costs already paid.

 

  1. Payment terms

 

5.1. Monthly and annual subscriptions:

The acquisition of chargeable monthly and annual subscriptions via app stores, such as Apple Store or Google Play, establishes the purchase contract between the user and the respective App Store. The use, acquisition and termination of these services are subject to the Terms of Use and General Terms and Conditions of the Apple Store or Google Play Store (this notice is to be supported by a link to the GTC of the Apple Store and Google Play Store!).

 

5.2. snorefree cannot refund any amounts which the user has paid to snorefree through app stores. The terms, periods of notice and refund policies of the respective App Store shall apply.

 

5.3. To be able to make use of the monthly or annual subscription, the user must properly register and pay the stated price via App Store or Google Play.

 

5.4. The different subscription periods and their respective prices are available at the respective App Store. These prices for subscription periods are subject to change by snorefree at any time.

 

5.5. The user pays the price for the selected subscription period in advance. Once the payment is confirmed by the App Store, the period of validity of the selected subscription is recorded in the profile of the user.

 

  1. Termination and automatic renewal

 

6.1. The user’s contract will automatically be extended unless it is terminated by the user 24 hours before the user-selected subscription period has reached its end. The automatically extended subscription period equals the last subscription period booked.

Due to your purchase of a snorefree subscription you have concluded a contract with Apple AppStore or Google Play Store. Therefore also the termination of the automatically extention of this contract and the termination of a paid subsciption is only possible within your personal App Store (Apple AppStore and Google Play Store). All termination processes underlay the specific App Store Terms & Conditions.

Subsciptions undertaken within the Apple AppStore or Google PlayStore have to be terminated within the Apple AppStore or Google PlayStore. Due to technical restrictions of these stores snorefree can not execute any termination of contracts or reversals.

Detailed instructions on deactivating automatic extentions or terminations of subscription of snorefree subscriptions can be found in the MORE section within the App (Questions & Answers) as well on our website www.snorefree.com/qa

In the case of a renewal, the specified means of payment is the same as originally agreed, and the fee for the extension period corresponds to the current standard price, which corresponds to the accounting period at the time of the conclusion of contract. The standard price for the subscription is available in the app stores.

6.2. The paid subscription can be terminated at anytime. Unless otherwise agreed, already paid fees for the subscription period will not be refunded. Paid subscriptions that are purchased through the Apple App Store or the Google Play Store, can only be terminated by the user in the respective App Store to their applicable conditions.

 

  1. Newsletter

snorefree sends newsletters to registered users. With the acceptance of these General Terms and Conditions, the user authorizes snorefree to send newsletters. The user has the option to unsubscribe from this newsletter each time he receives the newsletter.

 

  1. WARRANTY and LIABILITY

 

8.1. snorefree does not warrant that snorefree is available completely and free from errors at all times. Unless interruptions of the availability, which snorefree is responsible for, last no longer than 36 hours, no claims for cancellation or reduction in price can be derived.

 

8.2. snorefree does not warrant that following the training instructions will improve the sleep or snoring situation of the user.

 

8.3. snorefree may be held liable towards consumers within the scope of the mandatory statutory regulations resulting from the title of warranty and damages. In the event of claims for damages, however, snorefree is only liable for damages due to intent or gross negligence by snorefree. In the case of minor negligence snorefree shall not be liable to companies, and to consumers only for injury to life, body or health. Liability to companies for consequential damages, mere financial damages, lost profits, and damages resulting from claims by third parties is excluded. Warranty claims to companies are excluded.

 

  1. Privacy policy

The privacy policy of snorefree is available and may be viewed at www.snorefree.com – (Link ON PRIVACY POLICY OF snorefree) and is part of this contract.

 

  1. Cancellation policy

 

10.1. When consumers acquire digital content from the app stores, such as Apple App Store or Google Play, they have a statutory right of cancellation of such contracts. This right of cancellation shall be exercised in writing to snorefree within 14 days from the conclusion of the contract without stating reasons.

 

10.2. With subscriptions under this contract, legal claims to digitally provided services are acquired. With the conclusion of this contract, the consumer declares his explicit wish for snorefree to begin with the fulfillment of the contract before the expiry of the statutory cancellation period pursuant to 10.1. The user thus refrains from the right of cancellation.

 

10.3 Applicable law and place of jurisdiction

 

10.3.1 These GTCs and all legal relationships are governed by Austrian law under exclusion of the referral norms and the UN Convention on the International Sale of Goods.

 

10.3.2 Place of fulfillment and sole place of jurisdiction for all disputes arising from this contract – unless an agreement on jurisdiction does not violate mandatory law – shall be Vienna, Austria.

 

Privacy Policy snorefree

 

Personal data (hereinafter referred to as the „data“) will only be processed by us to the extent necessary and for the purpose of providing a functional app on iOS and Android and user-friendly presence, including its contents and the services offered there.

Pursuant to Art. 4 clause 1 of Regulation (EU) 2016/679, that is to say the General Data Protection Regulation (hereinafter referred to simply as „GDPR“), „processing“ shall mean any operation or set of operations which is performed upon personal data, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction.

The following privacy policy is intended to inform you in particular about the type, scope, purpose, duration and legal basis for the processing of such data either under our own control or in conjunction with others that determines the purposes and means of the processing. We also inform you below about third-party components used by us for optimization purposes as well as the improvement of usage quality, insofar said third parties also process data under their own responsibility.

Our privacy policy is structured as follows:

  1. Information about us as controller
    II. Rights of users and data subjects
    III. Information about the data processing
  2. Information about us as controller

The responsible provider of this internet presence according to the data protection regulations is:

SNORE FREE GmbH
Mittersteig 9/5
1040 Vienna / Austria
+43 676 5236465
office@snorefree.com

Data Protection Officer at snore free is: Sigismund Gänger

He can be reached at the above e-mail address.

  1. Rights of users and data subjects

With regard to the data processing described in more detail below, users and data subjects have the right

  • to confirmation of whether data concerning them are being processed, information about the data being processed, further information about the nature of the data processing as well as copies of the data (see also Art. 15 GDPR);
  • to rectification or integration of inaccurate or incomplete personal data (see also Art. 16 GDPR);
  • to immediate erasure of data concerning the person (see also Art. 17 GDPR), or, alternatively, if further processing in accordance with Art. 17, para. 3 GDPR is required, to restriction of processing in accordance with Art. 18 GDPR;
  • to receive the data concerning them and/or provided by them and to have the same transmitted to other providers/controllers (see also Art. 20 GDPR);
  • of complaint to the supervisory authority if they believe that data concerning them are being processed by the provider in breach of data protection provisions (see also Art. 77 GDPR).

In addition, the provider is obliged to inform all recipients, to whom the provider has disclosed data, of any rectification or erasure of data or the restriction of processing pursuant to Art. 16, 17 para. 1, 18 GDPR. However, this obligation does not apply if such notification is impossible or involves a disproportionate effort. Nevertheless, users have a right to information about these recipients.

Likewise, under Art. 21 GDPR users and data subjects have the right to object to the future processing of data concerning them, provided that the data provided by the provider in accordance with Art. 6 para. 1 lit. f) GDPR is processed. In particular, an objection to data processing for the purpose of direct advertising is permissible.

III. Information about the data processing

Your data processed when using our app on iOS and Android and our internet presence will be erased or blocked as soon as the purpose for its storage ceases to apply, provided the erasure does not conflict with any statutory retention obligations and no other specifications with regard to individual processing methods are stipulated below.

We process personal data that the customer provides us even through the use of our services, but also data provided by third parties:

Server data

For technical reasons data are transmitted by your internet browser to us or to our webspace provider, especially to ensure a secure and stable internet presence. These so-called server log files record the type and version of your browser, the operating system, the website from which you have changed to our internet presence (referrer URL), the website(s) of our internet presence you visited, the date and time of your access as well as the IP address of the internet connection from which you visited our internet presence.

The data thus collected will be temporarily stored, but not in association with any other of your data.

This storage is based on the legal basis of Art. 6 para. 1 lit f) GDPR. Our legitimate interest lies in the improvement, stability, functionality and security of our internet presence.

The data will be deleted within no more than seven days, unless continued storage is required for evidentiary purposes. In which case, all or part of the data will be excluded from erasure until the investigation of the relevant incident is finally resolved.

Contract processing

The data you submit when using our service offering will be processed by us for the purpose of implementing the contract and to the extent required. Please note that orders cannot be completed and processed without providing your data.

The legal basis for processing is Art. 6 para. 1 lit b) GDPR.

After your order has been completed, your personal data will be deleted, but only after the retention periods required by tax and commercial law.

Within the framework of implementing the contract, we disclose your data to third parties (such as financial service providers for the processing of payment transactions), provided that the disclosure is required for the provision of service or payment purposes.

The legal basis for the disclosure is Art. 6 para. 1 lit b) GDPR.

 

Customer account/registration function

If you create a customer account on our internet presence or via our apps on iOS and Android, we will collect and store the data entered by you during registration (e.g. your name, address or e-mail address, telephone number, device number, telephony provider) exclusively for pre-contractual services, for the fulfillment of the contract or for the purpose of customer service. We also store your IP address and the date and time of your registration. Furthermore, we ask questions about your possible causes of snoring and store the data to improve our offer. We do not store this data anonymous, but this data is attributable to the respective user, also to allow, for example, a synchronization between multiple devices. The data concerning the causes of snoring, if at all, is only disclosed anonymously.

During the registration process, your consent will be obtained for this processing of your data, with reference made to this privacy policy. The data collected by us will be used exclusively to provide the customer account and to adapt our offer to meet your demands.

Provided you have consented to this processing, Art. 6 para. 1 lit. a) GDPR is the legal basis for processing.

If the opening of the customer account additionally serves pre-contractual measures or the fulfillment of the contract, the legal basis for this processing is also Art. 6 para. 1 lit. b) GDPR.

You may revoke the consent to open and maintain your customer account at any time with effect for the future according to Art. 7 para. 3 GDPR. All you have to do is inform us of your revocation.

The collected data will be erased as soon as processing is no longer necessary. In doing so, warranties, limitation periods or retention periods are taken into consideration, if necessary.

Contact request / contact options

If you contact us via e-mail or the contact form, the data you provide will be used for the purpose of processing your request. We must have this data in order to process and answer your request; otherwise we will not be able to answer it in full or at all.

The legal basis for this processing is Art. 6 para. 1 lit b) GDPR.

Your data will be erased once we have fully answered your request and provided that the erasure does not conflict with any statutory retention obligations.

Google Analytics

In our internet presence as well as the use of the snorefree app, we use Google Analytics or Fire Base Performance Monitoring. This is a web analysis service provided by Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, hereinafter only referred to as „Google“.

With the certification according to the EU-US Privacy Shield

https://www.privacyshield.gov/participant?id=a2zt000000001L5AAI&status=Active

Google guarantees that it will follow data protection regulations of the EU when processing data in the United States.

The Google Analytics service is used to analyze how our website is used. The legal basis is Art. 6 para. 1 lit f) GDPR. Our legitimate interest lies in the analysis, optimization and economic operation of our internet presence.

Our apps use IDs for mobile devices, such as the Google Advertising ID („GAID“) and the ID for Advertising for iOS („IDFA“) as well as technologies similar to cookies for the use of Google Analytics for mobile phones.

User and user-related information, such as IP address, place, time or frequency of your visits to our internet presence will be transmitted to a Google server in the United States and stored there. However, we use Google Analytics with the so-called anonymization function. With this function Google truncates the IP address already within the EU or the EEA.

The data so collected is in turn used by Google to provide us with an evaluation about the visits of our internet presence as well as the usage activities. This data can also be used to provide other services related to the use of our internet presence and of the Internet in general.

Complete lists of data collected in Google Analytics for Fire Base can be found at Automatically recorded events and Automatically recorded user characteristics.

A complete list of automatic traces recorded by Fire Base Performance Monitoring can be found at here.

Google states that it will not connect your IP address to other data. In addition, Google has other data protection information available for you at https://www.google.com/intl/de/policies/privacy/partners, including, for example, options that you can exercise to prevent the data use.

In addition, Google offers at https://tools.google.com/dlpage/gaoptout?hl=de a so-called deactivation add-on with further information on this. This add-on can be installed on the most popular internet browsers and offers you further control over the data that Google collects when you visit our internet presence. The add-on informs the JavaScript (ga.js) of Google Analytics that no information about the visit of our internet presence should be transmitted to Google Analytics. However, this does not prevent information from being transmitted to us or to other web analysis services. We inform you also about whether and which other web analysis services are used by us in this privacy policy.

This GDPR statement has been created partly with the help of the Privacy Policy generator: https://www.ratgeberrecht.eu/leistungen/muster-datenschutzerklaerung.html#Generator