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Terms of Use

1 Subject matter of the contract

1.1 These Terms of Use apply to the use of the Symba App (hereinafter referred to as "Symba App"), which Symba Health Ltd, 160 Kemp House, City Road, London EC1V 2NX, United Kingdom, can be reached by e-mail via info@symbahealth.com (hereinafter referred to as "Symba"), offers after successful registration as an Android/iOS App (hereinafter referred to as "Symba App").

1.2 Symba Health reserves the right to amend these Terms of Use within the existing contractual relationship, insofar as this is necessary to implement amended statutory requirements or amended supreme court rulings, due to changes in Symba's economic circumstances, changes in market conditions or due to technical changes or further developments of the services offered by Symba.

1.3 Symba will inform the user by e-mail at least five weeks before the planned change of the terms of use comes into force and point out that every user has the right to object to the changed terms of use within a period of six weeks from receipt of the notification to info@symbahealth.com. If the user objects within this period, Symba will inform the user by e-mail. If the user does not object within this period, this shall be deemed to be consent to the amendment. 

1.4 Symba is also entitled to change the presentation and functions of the Symba App in order to improve them, insofar as this does not involve essential contractual services.

2 Subscription to the Symba App

In order to be able to use the services and performances of the Symba App, it must be obtained from the shop available on the respective smartphone (Apple App Store / Google Play Store). Symba has no influence on the general terms and conditions that apply to the respective shop.

3 General requirements for use

3.1 The Symba App has been developed for parents with children suffering from chronic rare diseases. The indication is secondary, as the Symba App has a modular structure. The Symba App can be optimised by the user for the specialist area. There are two core functions, which are described under point 4: Diary function and the Analytics function.

4. scope of services of the Symba App

4.1 Symba offers the Symba App in German, English and Spanish.

4.2 In the Symba App, every user has access to the "Diary Function" and an "Analytics Area". The diary function allows parents and children to track symptoms and medical parameters, while the "analytics area" displays the data for the user. 

4.3 Users shall provide the technical requirements to be able to use the Symba App.

4.4 Further details on the scope of the Symba App and its availability can be found on the Symba Health website at www.symbahealth.com.

5 Registration, conclusion of contract and onboarding

5.1 The advertising and presentation of the Symba App does not constitute a binding offer to conclude a contract. Rather, users are invited to download the advertised Symba App.

5.2 For a successful registration in the Symba App, the user must enter his e-mail address and a password in the registration mask. The personal data will be stored by Symba in accordance with the applicable laws. If the user fails to confirm, the user account will be deleted after 30 days. 

5.4 After registration, further personal data, including health data, will be requested. 

6. Pricing models

The costs for the Syma App are borne by the user. The user is given a trial period, whereby the app costs are shown transparently in the app.

7. running time

7.1 The term begins after the trial period and is automatically extended in accordance with the general terms and conditions of the stores (Apple App Store / Google Play Store) and the selected price model.

7.2 Cancellation is required by the user. 

8 Right of withdrawal for consumers and model withdrawal form

8.1 Consumers may revoke their contractual declarations in the case of contracts against payment under the following conditions:

Cancellation policy

Right of withdrawal

You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must send us an email to 

email: info@symbahealth.com

by means of a clear declaration of your decision to revoke this contract. You can use a model withdrawal form, which is, however, not mandatory.

To comply with the withdrawal period, it is sufficient for you to send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

Consequences of the revocation

If you withdraw from this contract, we must refund all payments we have received from you, including delivery costs, without delay and at the latest within fourteen days of the day on which we received the notification of your withdrawal from this contract and any equipment provided to you. 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 any fees because of this repayment.

Sample cancellation form

I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

Ordered on (*)/received on (*)

Name of the consumer(s)

Address of the consumer(s)

Signature of consumer(s) (only in case of paper communication)

Date

________________________

(*) delete as applicable

9. rights in case of defects

The statutory warranty law shall apply insofar as applicable.

10. obligations of the users

10.1 Users are prohibited from assigning their rights and obligations arising from the Terms of Use in whole or in part to third parties or transferring them to third parties in any other way.

10.2 Users must protect their password to prevent third parties (including family members) from gaining access to their password and user account; users may only use the digital services themselves. If unauthorised use of the user account occurs, the user will inform Symba of this in writing without delay. The user remains responsible for unauthorised use of the Symba app. All declarations of intent made using the user's password or other user account information are effective for and against the user, unless the user has taken reasonable measures to protect his password and other user account information from access by third parties.

10.3 Users must provide Symba with true, accurate and complete personal information (in particular name, address and e-mail address) (hereinafter referred to as "personal information"), both at the time of registration and thereafter. Each user is also obliged to regularly update this personal information as well as all other information provided to Symba.

10.4 Users are prohibited from registering more than once, for another person or under a false identity.

10.5 The user undertakes not to transfer any material to the Symba app that contains viruses or other programs that could endanger or disrupt the functioning of software or hardware. If the user culpably violates this obligation, he will compensate Symba for the resulting damage and indemnify Symba against any claims for damages by third parties.

11 Rights of use and user fees

11.1 Unless otherwise agreed in individual cases, Symba hereby grants the user a limited, namely non-exclusive and non-transferable right to access, use and display the Symba App on the screen for private use in accordance with the provisions of these Terms of Use.

11.2 The User is not permitted to modify or adapt the Symba App in whole or in part (including the redistribution of such adaptations) without Symba's prior written consent.

11.3 Symba also draws the User's attention to the fact that additional charges may be incurred for connecting to the Symba App, in particular mobile phone charges, internet provider charges and taxes; these charges are to be borne by the User.

12 Accessibility of the App

12.1 Symba endeavours to offer the Symba App for retrieval without interruption. However, it cannot be ruled out that the connection to the Symba App will be interrupted, in particular due to technical or other problems that are beyond Symba's control (force majeure, fault of third parties, etc.). In such cases, Symba will endeavour to make the Symba App available for retrieval again as quickly as possible.

12.2 Symba is entitled to take the Symba App itself offline in whole or in part if this is necessary for maintenance purposes and to carry out repairs and if this is reasonable for the user.

13 Liability

13.1 Symba is liable without limitation in case of intent or gross negligence for all damages caused by Symba and its legal representatives or vicarious agents.

13.2 Symba is only liable for slight negligence in the event of a breach of material contractual obligations, i.e. in the event of a breach of such an obligation which makes the proper fulfilment of the contract possible in the first place and on which the user has relied and was entitled to rely and/or the culpable non-fulfilment of which jeopardises the achievement of the purpose of the contract (cardinal obligation). This liability in the event of a breach of such a material contractual obligation is limited in type and amount to the damage typical for the contract, the occurrence of which Symba and the user had to expect at the time of conclusion of the contract based on the circumstances known to them at that time.

13.3 The above limitations of liability do not apply to damage to health or physical injury for which Symba is responsible. The provisions of the Product Liability Act remain unaffected.

13.4 The above limitations of liability also apply mutatis mutandis in favour of Symba's employees, legal representatives and vicarious agents.

14 Offsetting

The user is only entitled to set-off against Symba with undisputed or legally binding counterclaims.

15. health advice

15.1 Symba is not a medical organisation and Symba employees are not in a position to give medical advice or make diagnoses. The Symba App therefore does not contain medical advice or diagnoses.

15.2 The Symba App is not a substitute for medical treatment.

16 Intellectual property

16.1 Symba and its licensors own the Symba App. The Symba App is comprehensively and effectively protected by industrial property rights.

16.2 The Symba App and its selection, coordination, arrangement and improvement are also comprehensively protected by copyright; Symba is the owner of the relevant copyrights or is entitled to use them as a licensee.

16.3 All trademarks used in the Symba App belong to the respective trademark owners.

16.4 Symba is the name and registered trademark of Symba Health Ltd. Symba points out that suppliers, advertisers, sponsors, licensors, contractual partners as well as other third parties may also hold industrial property rights in the content of the Symba App.

17. data protection

Symba endeavours to ensure the security of the user's personal data. Personal data of the user will only be collected and processed in compliance with the applicable legal provisions. 

18. final provisions

18.1 These Terms of Use are governed by German law, excluding the conflict of laws rules. In the case of consumers who do not conclude the contract for professional or commercial purposes, this choice of law shall only apply to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his habitual residence.

18.2 Should individual provisions of these Terms of Use be or become invalid or contradict the statutory provisions, this shall not affect the validity of the remaining Terms of Use. The invalid provision shall be replaced by the parties by mutual agreement with a provision that comes as close as possible to the economic purpose of the invalid provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.

18.3 The EU Commission offers consumers the possibility of online dispute resolution on an online platform operated by it. This platform can be reached via the external link https://ec.europa.eu/consumers/odr/.

18.4 These Terms of Use, together with the Privacy Policy, constitute the entire agreement between Symba and the User.