Terms and Conditions of Use of “Life4me+”

Date of entry into force 17.01.2017
Important: Please carefully read the entire agreement

  1. Scope, Definitions
    1. These Terms and Conditions of Use of Alex Schneider (Life4me+), Dragonerstrasse 53, 5600 Lenzburg, Switzerland, (hereinafter referred to as “Provider”) apply to the use by a consumer (hereinafter referred to as “User”) of the app by the name of “Life4me+” (hereinafter referred to as “Life4me+”) supplied by the Provider via the Apple App Store or the Google Play Store (hereinafter referred to in each case as “App Store”). In the absence of any other agreement, the inclusion of any terms and conditions of the User is hereby rejected.
    2. In addition to these Terms and Conditions, additional special terms (license terms) of the respective App Store operators can apply in respect of the use of the app. If the terms and conditions of the App Store operator in respect of the use of the app should contradict the present Terms and Conditions, only the present Terms and Conditions will apply. In all other cases, the terms and conditions of the App Store operator apply by way of a supplement to these Terms and Conditions.
    3. A “User” is defined as any natural person who enters into a legal transaction for a purpose that can predominantly be assigned to neither the person’s commercial nor the person’s freelance professional activities.
  2. Registration, Conclusion of Contract
    1. In order to make use of the services of the Provider, the User must register for Life4me+ by stating a default anonymous login name and a password of the User’s own choice. Registration takes the form of the creation of a user account that the User can set up via the Provider’s app. The User enters two self-selected test questions, for each of which the User sets an answer. The User can use these answers to test questions to recover the User’s login and password information if the User should forget it.
    2. Registration is reserved for natural persons of unrestricted legal capacity acting as consumers. With the submission of the User’s consent to these Terms and Conditions, the User is confirming that the User satisfies this requirement at the time of registration.
    3. Any User can set up user accounts for Life4me+.
    4. The submission of the access data represents an offer on the part of the User to enter into a contract for use of the service that the Provider may, but is not obliged to, accept.
    5. The text of the contract is stored by the Provider and will continue to be available to the User after the latter has registered.
    6. Before submitting the User’s contractual declaration, the User can correct any entries at any time using the standard keyboard features of the User’s mobile device.
    7. Contracts are concluded only in German. In case of contradictions between the German and the English language the German version shall prevail.
  3. Right of Withdrawal for Consumers for Chargeable Services

      Users who make use of a chargeable service are entitled to exercise the following right of withdrawal:

      Instruction on right of withdrawal

      Right of withdrawal

      You have the right to withdraw from this contract within fourteen days without specifying any reasons.

      The withdrawal period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform the Provider

      • Alex Schneider
      • Life4me+
      • Dragonerstrasse 53,
      • 5600 Lenzburg,
      • Switzerland

      by means of an unequivocal statement to that effect (e.g. by mail or e-mail) of your intention to withdraw from this contract. You may use the attached notice-of-withdrawal template, but this is not compulsory. In order to comply with the withdrawal period, it is sufficient for you to send us notice that you are exercising your right of withdrawal before the withdrawal period has expired.

      Consequences of withdrawal

      If you withdraw from this contract, we must refund all payments received from you without undue delay and at the latest within fourteen days from the day on which we received your notice of withdrawal from this contract. In the absence of any other agreement made via the App Store in question, we will use the bank account specified by you for this repayment. Under no circumstances will you be charged fees for this repayment.

      If you have asked for the service to begin during the withdrawal period, you will be required to pay us an appropriate amount for any services already provided that corresponds to the proportion of the total service provided for in the agreement that has already been performed by the date on which you inform us that you are exercising your right of withdrawal with respect to this agreement.

      Sample withdrawal form

      (If you want to withdraw from the contract, please fill out this form and send it back.)

      • To
      • Alex Schneider
      • Life4me+
      • Dragonerstrasse 53,
      • 5600 Lenzburg,
      • Switzerland

      I/we (*) hereby withdraw from the contract entered into by me/us (*) for the sale of the following goods (*) / the provision of the following services (*)

      Ordered on (*) / received on (*)

      Name of the consumer(s)

      Address of the consumer(s)

      Signature of the consumer(s) (only in the case of notification on paper)

      Bank details of the consumer for repayment purposes

      Date

      (*) Delete as appropriate.

  4. Performance of the Provider
    1. The Provider is to provide the User with Life4me+, an app for mobile devices by means of which the User can set the User’s own user profiles, retrieve statistical information and read news from the Provider on topics related to HIV. Life4me+ is an application for smartphones that is intended to make life easier for HIV-positive people.
    2. The User can choose between a free basic version and a chargeable subscription. The functionality and technical specifications of the app are described in more detail in the description in the App Store. The basic version entitles the User merely to read the news provided in the app. Life4me+ is intended to help develop communication between physicians and HIV-positive people. The app allows the User to conveniently organize a schedule for the User’s medication – this is done by means of a personalized reminder that is not traceable by third parties. The User uses the app to coordinate doctor's appointments and blood tests and receive further medical information. Life4me+ gives the User an overview of the User’s test results, to which the User has access at any time. The GPS Navigator allows the User to find a nearby HIV clinic or a meeting point/community for HIV-positive people all around the world. The app gives the User access to relevant information about HIV and related diseases as well as a daily update, including statistics, scientific advancements, prevention, etc. Life4me+ can store the values for analysis entered by the User, as well as other parameters (weight, height, neck/chest/waist/hip measurements, blood pressure), and later present it in the form of charts. The app can remind the User to take the User’s medication (reminders are set by the User, who can also disguise the reminders, for example, by writing “Call your mom” rather than “Take the pill”).
    3. Through Life4me+, the User can connect to two or more doctors. If the User wants to connect with a doctor, the doctor must verify the User. The doctor can send the analysis values of blood tests/urine to the linked user app or assign an appointment or laboratory appointment and send prescribed ARV therapy to the user app.
    4. Life4me+ has a geolocation facility and can, if the User permits geolocation, localize the User, for instance to show the User the nearest HIV clinic.
    5. Life4me+ can send push notifications if permitted to do so by the User.
    6. Life4me+ is updated at irregular intervals by the Provider. The User is accordingly granted a right of use only of the current version of the app at any given time. The User is not however entitled to demand that a particular status of the app be brought about.
  5. Changes to Performance
    1. The Provider reserves the right to make changes to the services offered or to offer services that differ from the original ones, unless it would be unreasonable to expect the User to accept them.
    2. The Provider also reserves the right to make changes to the services offered or to offer services that differ from the original ones:
      • If the Provider is required to do so due to a change in the legal situation;
      • If by so doing the Provider is complying with a court judgment against the Provider or a decision issued by an authority;
      • If the change in question is necessary to close security gaps;
      • If the change is nothing but beneficial for the User; or
      • If the change is of a purely technical or procedural nature without a significant impact on the User.
    3. Changes with only a negligible impact on the functions of the online service do not represent changes to performance within the meaning of this paragraph. This particularly applies to changes of a purely graphic nature and changes merely to the arrangement of functions.
  6. Obligations of the User, Responsibility for Content
    1. Each User is solely responsible for the content of the information that the User places on Life4me+, with particular reference to the truth and legal soundness thereof. The User shall ensure that the content uploaded by the User does not violate these Terms and Conditions or applicable law. In particular, publication of the following is prohibited:
      • Copyright-protected content, if the User does not have permission to use it;
      • False claims;
      • Posts whose aim is to attack or defame other users personally;
      • Racist, xenophobic, discriminatory, or offensive content;
      • Adult content;
      • Content that glorifies violence; and
      • Fictitious profiles (fake profiles).
    2. The content posted by the User on Life4me + is to be attributed exclusively to the User in question and does not represent the views of the Provider. The Provider accepts no liability for the correctness of the content posted by the User. Each User is solely responsible for critically checking the veracity of content.
    3. The User declares, and takes responsibility for ensuring, that the User has the right to use the content uploaded by the User to Life4me+. The User shall, in particular, ensure that no rights of third parties are infringed by the User’s content, with particular reference to copyrights, trademark rights and the right to enjoy a private life, as well as rights that relate to competition law.
    4. The User shall ensure that the hardware and software environment used by the User satisfies the minimum technical requirements for the use of the App in the version currently provided.
    5. The User is liable to the extent to which the User is responsible for all activities carried out using the User’s access details. The User is responsible for maintaining the confidentiality of the access data. The User shall ensure that the access data is inaccessible to third parties. The User shall promptly notify the Provider if there is evidence to suggest that the User’s access data is being or has been used by third parties.
  7. Rights of the Provider
    1. If the User should act in violation of statutory regulations or these Terms and Conditions or if the Provider should have concrete evidence that the User has done so, the Provider is entitled without prior notice and further examination:
      • To issue a cease and desist letter;
      • To temporarily or permanently block the access of the User; or
      • To take other appropriate actions as required.
    2. The action that the Provider takes depends on the individual case and is at the reasonable discretion of the Provider.
    3. If a User is blocked, the User may no longer use Life4me+ and may not reregister for the use thereof.
    4. The Provider expressly reserves the right to take legal action in the event of a breach by the User of statutory regulations or these Terms and Conditions.
  8. Granting of Rights of Use by the Provider
    1. The Provider grants the User a simple, non-transferable right of use of Life4me+ for private purposes, limited in duration to the term of the contract, within the framework of these Terms and Conditions. The User is not permitted to make Life4me+ accessible to third parties without the written consent of the Provider. The User shall ensure that the User offers third parties no opportunity to bypass the access requirements for Life4me+.
    2. If the User should violate the agreement concerning rights of use so egregiously that, taking into account the interests of both sides, it would not be reasonable to expect the Provider to continue the contractual relationship, the Provider may terminate the granting of rights of use without prior notice and permanently disable access to Life4me+.
    3. Other statutory and contractual provisions are unaffected.
  9. Granting of Rights of Use by the Provider
      Personal data is not required by Life4me+ and is therefore not submitted to the Provider. The Provider is however entitled to process and exploit anonymous data and information provided by the User via Life4me+ for statistical purposes.
  10. Fee
    1. The use of Life4me+ in the basic version is free.
    2. The use of Life4me+ in the subscription is chargeable. Payment is made annually via the payment system provided by the App Store operator in question. In this respect, the terms of conditions of payment of the App Store operator in question, which are shown to the User and which the User must also accept before any payment transaction can be made, also apply.
    3. After cancellation or termination of the subscription, the basic version will continue to be available to the User if the latter so wishes.
  11. Privacy Policy
    1. Personal data will be collected only if the User discloses such information voluntarily to the Provider or in the event of notice of withdrawal or in the context of voluntary feedback. Data such as name, company, e-mail and telephone number will in this case be stored and used exclusively for the purpose of responding to the request of the User or establishing contact and for the associated technical administration. The data will be deleted after the final processing of the request if the User so wishes and no statutory retention obligations preclude such deletion.
    2. No personal data is stored with the exception of the cases referred to in Paragraph 11.1. Connection with physicians takes place via a personal authorization code. With the deletion of Life4me+, all the data stored in the app will be deleted from the cell phone.
    3. If the User should forget the User’s password, this can be reissued if the User knows the login and responds correctly to two test questions. The User enters the test questions and their answers at the point of registration. Without the login, password recovery is possible only if the User has previously established the connection with the doctor. He must then visit the doctor in person (telephone contact is possible but is not recommended) who will then give the User the code to create the new password. If the User is not connected to the doctor or does not know the login details or the right answers to the questions, the profile cannot then be recovered. In this case the User must create a new profile. It will then not be possible to access the data in the old profile.
    4. Life4me+ has the digital PIN or fingerprint scanner for added protection against unauthorized access.
  12. Release of Liability
      The User shall indemnify the Provider against all claims that other users or third parties may seek to assert against the Provider occasioned by an infringement of their rights due to the contents placed by the User or any other use of Life4me+. The User shall in this case bear the reasonable costs of any legal defense required, including all court and attorney's fees. This will not apply if the User is not responsible for the infringement. The User shall, in the event of claims by third parties, make available to the Provider without undue delay all information that is required for the examination of the claims and for the defense of the latter; the information must be truthful and complete.
  13. Liability
    1. The Provider hereby makes it explicit that Life4me+ assumes no medical or other advisory functions. Life4me+ does not treat the User, is not a substitute for a doctor, does not offer medical advice and does not analyze any analysis parameters. Some content in Life4me+ is made available by the Provider or the Provider’s suppliers. The Provider aspires to ensure that the content that the Provider makes available is correct, complete and up-to-date. The Provider cannot however guarantee that the content is correct, complete or up-to-date, regardless of whether this content was provided by the Provider, the Provider’s suppliers or users of the website. The Provider accepts no liability for ensuring that such content is correct, complete and up-to-date. In particular, the Provider offers no guarantee that the information in the app about HIV clinics, doctors, pharmacies, HIV associations, etc. is accurate.
    2. The Provider’s sole obligation is to provide the technical means for users to establish contact with one another. The Provider does not however guarantee that contact will actually be established between the users. Nor is the Provider obligated to ensure the establishment and maintenance of the data connection between the User's IT system and the server of the Provider.
    3. Life4me+ is offered subject to availability. An availability of 100% is technically impossible to achieve and cannot therefore be assured by the Provider for the User. The Provider shall however strive to maintain as constant an availability of the service as possible. Maintenance, security or capacity issues and events that are not in the sphere of influence of the Provider (disruptions to public communication networks, power failures etc.) in particular may lead to faults or to the temporary suspension of the service. The Provider shall, where possible, carry out maintenance work during low-usage times.
    4. In all other cases, the Provider is liable to the User for all contractual, quasi-contractual and legal claims, including tortious claims, for damages and reimbursement of expenses as follows:
      The Provider is liable without limitation for any legal reason:
      • In the event of intent or gross negligence;
      • In the event of negligent or deliberate injury to life, limb or health;
      • On the basis of a guarantee, in the absence of any other regulation in this regard; and
      • On the basis of mandatory liability, such as that provided for under the German Product Liability Act.
    5. If the Provider should negligently violate an essential contractual obligation, the Provider’s liability is, unless it is limited pursuant to the preceding paragraph, limited to the foreseeable damage typical of this kind of contract. Essential contractual obligations are defined as obligations imposed on the Provider by the content of the contract for the achievement of the contractual purpose, without the fulfillment of which the proper execution of the contract would be impossible and on the fulfillment of which the User should in all normal circumstances be able to rely.
    6. Liability of the Provider is excluded in all other instances.
    7. The preceding liability regulations apply also with regard to the liability of the Provider for the Provider’s vicarious agents and legal representatives.
    8. Liability on the part of the Provider is excluded for data loss caused by technically induced breakdowns, interrupted data transfers or other problems and damage in this context for which the Provider is not responsible. The Provider is not liable for damage brought about by the disruption of the Provider’s business operation or the operation of the Provider’s app as a result of force majeure, riot, war and natural disasters, or as a result of other incidents for which the Provider is not responsible (such as strike, lock-out, traffic disruption, orders of public authorities either domestic or foreign) or that is attributable to technical problems for which the Provider is not culpably responsible. The same applies if these disruptions occur to the operations of third parties commissioned by the Provider.
  14. Term, Termination
    1. The contract for the use of Life4me+ in its basic version is concluded for an indefinite period.
    2. The contract for the use of the paid subscription will run initially for one year and be automatically extended by one further year, provided that the User does not terminate the User’s contract without notice before the expiry of the term in question.
    3. The right to extraordinary termination for cause remains unaffected.
      Cause will exist for the terminating party if, considering all the circumstances of the individual case and weighing of the interests of both parties, it would be unreasonable to expect the contractual relationship to continue until the agreed termination date or until the expiry of a notice period.
      In particular, for cause includes the following:
      • A significant violation of key provisions of these Terms and Conditions that is not rectified or is repeatedly committed even after the setting of a deadline and that makes the continuation of the contractual relationship impossible or unreasonable;
      • The failure on the part of the User, in the case of a chargeable use of Life4me+, to pay the charge for two consecutive billing periods or to pay a not insignificant part of the overall fee; and
      • The initiation, in the case of a chargeable use of Life4me+, of insolvency proceedings in respect of all of the assets of the other party or a substantial part of those assets, or the existence of reasons for the initiation of insolvency proceedings against the other party, the rejection of an application for such proceedings due to lack of assets, or the filing of an application for insolvency proceedings against the other party or the submission of an affidavit by the other party in respect of their assets.
    4. Termination is effected via the settings in the mobile device or the respective account of the App Store or by failing to make the annual payment.
    5. The termination of the chargeable subscription will in cases of doubt not lead to the consequence of termination of the overall contract for use. The User will be downgraded to the free basic version of the service. The termination of the contract as a whole requires a separate and unequivocal termination.
    6. If the contract as a whole is terminated, also in respect of the use of the free basic version, the User will lose access as well as the User’s user account. The obligation of the Provider to store the data provided will expire upon termination of the contract.
  15. Changes to the Terms and Conditions of Use
    1. The Provider reserves the right to change these Terms and Conditions at any time without providing any justification. The Provider will generally inform users of any changes to these Terms and Conditions relating to the release of an update. If the User does not consent to the validity of the new terms and conditions, the User can refrain from downloading the update and continue to use the old version of Life4me+.
    2. The Provider reserves the right to change these Terms and Conditions:
      • If the Provider is required to do so due to a change in the legal situation;
      • If by so doing the Provider is complying with a court judgment against the Provider or a decision issued by an authority;
      • If the Provider introduces additional, completely new services or service elements that require individual specification in these Terms and Conditions of Use, unless to do so would be to the detriment of the previous contractual relationship;
      • If the change is nothing but beneficial for the User; or
      • If the change is of a purely technical or procedural nature, unless it has a significant impact on the User.
      In this case, the Provider shall inform the User of the change(s) to the Terms and Conditions of Use. The right of termination of the User in accordance with paragraph 14.2 remains unaffected.
  16. Others
      The Provider is not obliged and should not be ready to participate in a dispute settlement procedure before the Consumer Arbitration Service.
  17. Final provisions
      The law of the Federal Republic of Germany applies to all legal relationships between the parties. In the case of consumers, this choice of law applies only insofar as the protection provided is not revoked by mandatory provisions of law of the state in which the consumer habitually resides.