EU TERMS OF SERVICEEFFECTIVE DATE: 1JULY 2018
1. GENERAL, SUBJECT MATTER OF THE CONTRACT
1.1.Rewellio GmbH (hereinafter “Rewellio GmbH” or “we”), FN 466473s, Technoparkstr 3/16, 4820 Bad Ischl, email: firstname.lastname@example.org, has designed the software rewellio (hereinafter referred to as “Software“ or „Service”) for the hand rehabilitation of stroke patients in therapy centers and at home.
The Software moves recognized therapies such as mirror therapy and biofeedback into virtual space, creating new and extended therapeutic options. The extended therapy monitoring, the individually adapted therapy scenarios and the playful aspect enabled by the Software should support and improve hand rehabilitation. The Software is intended to assist with hand rehabilitation and does not constitute a stand-alone treatment or the like, and does not replace any medical or therapeutic treatment of any kind. In no case does it replace personal advice, medical examination or diagnosis. The Software neither promises to heal, nor does it serve the purpose of diagnosis. The Software can only augment the dialogue between therapists and third parties and support hand rehabilitation. The Software is therefore to be regarded as a supporting tool.
1.2.Based on the acquired sensor data, the Software recognizes the position, movement and orientation of the unaffected hand and displays it animated in virtual space. In addition, a second, virtual hand which is mirrored around the body’s vertical axis is created and shown at the position of the affected hand. The user has the feeling in virtual space to experience two active hands. If the user has a minimal functionality of the affected hand which is irrelevant for everyday life, these movements can be detected by means of additional sensors and respectively enhanced in the virtual space. The movements of the virtual, affected hand are no longer generated by mirroring the active hand, but are derived directly from the affected hand by means of sensors and displayed in an intensified animated manner in the virtual space. The user thus experiences movements of his affected hand in the virtual space. Based on the concept of biofeedback, the muscle activity of the affected hand can also be displayed in the form of a graphic scale. The captured muscle activity data can be used to control simple games and therapy scenarios. The complexity, difficulty, and extent of the therapy units and games can be adjusted according to the therapy progression and thus allows a customized therapy.
1.3.The following Terms of Service (hereinafter also referred to as “Terms”) apply to all legal transactions of Rewellio GmbH in the form of downloading / acquiring the Software and acquiring a license for the temporary use of the Software with purchasers (hereafter referred to as “Acquirer” or “you”). The purchase of a license is only possible under the following conditions.
The deliveries and services of Rewellio GmbH are made exclusively on the basis of these Terms in the respective currently applicable version. Other terms and conditions of Acquirers are only accepted if expressly agreed in writing and binding. Rewellio GmbH may change the terms and conditions at any time. Existing Acquirers will be informed. The consent to the change of the terms of service is considered given if the Acquirer continues to contract with Rewellio GmbH.
2.1.Rewellio GmbH grants to the Acquirer of a license by the activation of the license the paid, temporary, non-transferable, highly personal and non-exclusive right to use the Software within the intended use exclusively for private purposes (single-user license). Therapists are entitled to provide the Software to their patients as part of on-site therapies in their practice / therapy centers. However, the transfer of a license from therapists to patients for home use is not permitted. The Acquirer’s right to use the Software expires if the Acquirer violates a condition of this agreement. In all cases of the termination of the right of use, the Acquirer is obliged to delete all data in connection with the subject matter of the contract.
2.2.A transfer of the license to a third party is inadmissible. In case the Acquirer transfers data carriers, memory or other hardware on which the subject matter or parts thereof are stored to third parties, without the consent of Rewellio GmbH or in case of a dereliction in the sense of Section 386 of the Austrian Civil Code he is obliged to irretrievable and completely delete the data or have it deleted.
2.3.It is noted that the source code of the Software is not part of the subject matter of the contract. This Software as well as the associated documentation are protected by intellectual property rights. The Acquirer can not derive any rights from other representations of the Software. The Software consists of the program version distributed by Rewellio GmbH at the time of conclusion of the contract, the integrated text modules and all data provided.
2.4.Rewellio GmbH reserves the right to change, extend or improve the content and scope of the Software provided and for important reasons (for example due to hardware-related capacity limitations) to reduce the scope and content and eliminate the functionalities if this reduction is not significant compared to the entire Software. The Acquirer is not authorized to make changes to the Software. The Acquirer has no right to carry out an update or extension. Updates and extensions provided are considered to be an integral part of the Software and are subject to the terms of this agreement. An extension of the warranty does not take place. Deviations desired by the Acquirer in the operation of the Software require a written description and a separate agreement.
2.5.The subject of the Software use is not the internal program documentation and the source programs. Except as expressly permitted by law, the Acquirer is prohibited from violating or attempting to violate any security features of the Software, including, without limitation, accessing content or data not intended for the Acquirer, or logging onto a server or account that the Acquirer is not authorized to access; attempting to probe, scan, or test the vulnerability of the Software, or any associated system or network, or to breach security or authentication measures without proper authorization; interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Software, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service. Further, the Acquirer may not copy, sell, distribute, publish, download, or reproduce any aspect of the Software. The Acquirer also may not modify, make derivative works of, decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Software. Further, the Acquirer agrees not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Software; the Acquirer agrees not to access the Software in order to build a similar or competitive Software; the Acquirer agrees not to access (or attempt to access) any of the Software by means other than through the interface that is provided by Rewellio GmbH; and the Acquirer agrees not to remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which may be contained in or displayed in connection with the Software.
2.6.The Acquirer will only make the subject of the contract available to other third parties insofar as this is absolutely necessary for the contractual use. The Acquirer (especially therapists towards patients) undertakes to transfer the obligations of this contract to these persons and to indemnify Rewellio GmbH in this connection. The Acquirer is not entitled, without the consent of Rewellio GmbH, to let the Software be used by other third parties, regardless of how they are used. The Acquirer is prohibited from any form of advertising or commercial use of the Software without the express written consent of Rewellio GmbH. Rewellio GmbH declares its revocable consent that therapists promote the use of the Software for therapy.
The Acquirer undertakes to pay a contractual penalty in the amount of the gross purchase price in each case in case of infringement. In addition, Rewellio GmbH is entitled to request a cease and desist order and to assert the actual damage caused by the transfer to third parties.
2.7.The Acquirer undertakes to keep the devices on which the Software is installed carefully in order to prevent misuse, in particular unauthorized duplication and/or use. In particular, the Acquirer shall ensure that the access to the Software and the protection of the data carriers against access and use by unauthorized persons is regulated, the authorization to use the Software is determined by technical measures and the device on which the Software is retrievable is secured by precautions against unauthorized use. The Acquirer undertakes to take precautions to prevent malfunctioning of the Software as far as possible or to minimize its consequences, as well as to perform state-of-the-art data backups, state-of-the-art fault diagnoses and regular checks of the data processing results.
2.8.The Acquirer is obliged to refrain from alterations or deletions of copyright marks, license plates or the like of Rewellio GmbH on or in connection with the subject matter of the contract.
3. TECHNICAL REQUIREMENTS AND SYSTEM REQUIREMENTS FOR OPERATING THE SOFTWARE
The use of the Software is only possible with the appropriate hardware and Software (including operating system) (see our website or the information in the respective App Store). These are not the subject of this agreement. These may be purchased by the Acquirer at his own expense, if required, from the manufacturer or an authorized dealer.
Rewellio GmbH assumes no liability or warranty for this hardware and Software. The present agreement is not dependent on the possibility to obtain this hardware and Software or that the subject matter of the contract may be used with this hardware and Software.
Regarding the operating system, the Acquirer acknowledges that the Software can only offer the functions described if the operating systems described on our website or in the respective App Store are used. There can be no guarantee for the continued existence of operating systems. There is therefore no right to update the Software to subsequent operating systems.
4. SOFTWARE DOWNLOAD, REGISTRATION AND ORDERING
4.1.All information about the license purchase and prices as well as during the order process are not binding. The products offered on the website do not constitute a legally binding offer.
4.2.Rewellio GmbH enables the download of the Software via third party providers. In order to be able to download / install the Software, the Acquirer may have to first enter into a user agreement with a third party vendor (independent of the contractual relationship between Rewellio GmbH and the vendor) for access to a portal or online shop of a respective third party (“App Store”). This user agreement is only concluded between the Acquirer and the third party. Rewellio GmbH is not involved in this contractual relationship.
4.3.To acquire the license to use the Software for a limited period of time, you first need to register the Acquirer with [Registrierungslink einfügen]. The Acquirer is obliged to complete the fields and / or information specified in the registration and order form completely and truthfully. As an alternative, it is possible to register via an already registered therapist or a therapy facility. In this case, the therapist can start the treatment immediately and the data is only stored on the Rewellio GmbH server or its processors, but not on the therapist’s device or server. Therefore, once the therapy session is over, the therapist will not have access to this data. The therapist will only have access to the data if the patient grants the therapist access to the data. The patient receives access to the data as soon as he has registered on the Rewellio GmbH website. The patient may grant the therapist access to the data during registration and may revoke this access at any time. Registration must be done in person by the potential Acquirer of the Software. Rewellio GmbH reserves the right to refuse registration or access to the internal area of the website without giving reasons.
4.4.Upon registration, the Acquirer will receive a password on the email address provided by him, in order to enter the internal area of the website. There one can find the operation- and safety instructions as well as the opportunity to acquire a license. The acquisition of a license is in any case subject to the knowledge and approval of the operation- and safety instructions and these Terms. The Acquirer is required to consult with a specialised doctor or therapist prior to acquiring the Software in order to determine whether the Software can be used for hand rehabilitation.
4.5.The Acquirer may submit his offer to purchase a temporary license exclusively via the order form on the website of Rewellio GmbH. By clicking on the button “Order with payment” (or a similar description), the Acquirer issues a binding order.
4.6.After submitting the order, the Acquirer receives an automatically generated confirmation of receipt of the order including the order data and all essential information. This order confirmation does not constitute an acceptance of the contract. The Acquirer is obliged to notify immediately obvious errors in the order confirmation as well as deviations between the order and the order confirmation.
4.7.The use of approved immediate payment methods by the Acquirer does not lead to the conclusion of a contract despite the payment of the license fee. Rewellio GmbH reserves the right to refuse orders without giving reasons. The Acquirer will be informed within 7 days of placing the order. Rewellio GmbH also reserves the right to determine the way to carry out the order. The contract is only concluded with the notification of the acquisition of the license to the Acquirer. After the conclusion of the contract, Rewellio GmbH will provide the ordered license within 3 weeks of this notification.
5. PAYMENT TERMS
5.1.The prices quoted are valid at the time of the order (including VAT). Payment must be made in Euros. Only the methods of payment offered in the course of the order are accepted.
5.2.The invoice amount is due within five days of the invoice date without deduction.
5.3.If the Acquirer is in default of payment, a reminder will be issued with a grace period of 14 days. In case of an unsuccessful reminder, Rewellio GmbH is entitled to withdraw from the contract. All collection and collection costs incurred as a result of the delay in payment shall be borne by the Acquirer.
6. RIGHT OF WITHDRAWAL
6.1.The Acquirer has the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of the conclusion of the contract. In order to maintain the withdrawal period, it is sufficient that the Acquirer sends the notice of the exercise of the right of withdrawal before the expiry of the withdrawal period. To exercise the right of withdrawal, the Acquirer must inform Rewellio GmbH by means of a written statement (by mail or email) about the decision to withdraw from this contract, to one of the following addresses.
4820 Bad Ischl
The Acquirer can use the following withdrawal form which can be downloaded here. The use of this form is not mandatory.
To: Rewellio GmbH
4820 Bad Ischl
I hereby withdraw from the contract concluded regarding the purchase of a license to use the Rewellio Software.
Ordered on ___________ Received on ___________
Invoice number: ___________
(only required in case of notice on paper)
6.2. Consequences of withdrawal
If the Acquirer withdraws from this contract, Rewellio GmbH must repay all payments received from the Acquirer without undue delay and at the latest within fourteen days from the date on which the notice of revocation of this contract has been received by Rewellio GmbH. This repayment will be made using the same means of payment used by the transferee in the original transaction, unless otherwise expressly agreed with you; in no case will the Acquirer be charged for this repayment.
6.3 Exception of Right of Revocation (Right of Withdrawal) / Termination of Right of Revocation (Right of Withdrawal)
The Acquirer has no right of revocation (right of withdrawal) if Rewellio GmbH – with the express consent of the Acquirer in connection with his acknowledgment of the waiver of the right of withdrawal (right of revocation) in case of a premature commencement of the performance of the contract and after the provision of a copy or confirmation in accordance with Section 7 para. 3 Austrian Distance Selling Act – commenced with the delivery (the provision of the license to use the Software) before the expiry of the otherwise existing withdrawal period.
Pursuant to Section 7 para. 3 Austrian Distance Selling Act, the Acquirer shall be provided with a confirmation of the contract concluded on a durable medium (e.g. e-mail) within a reasonable period of time after conclusion of the contract, but at the latest before commencement of service together with information according to Section 4 para. 1 Austrian Distance Selling Act, unless this information was previously provided on a durable medium. In any case, the confirmation of the contract contains a confirmation of the approval for the immediate provision of the service and of the Acquirer’s knowledge of the waiver of the right of withdrawal (right of revocation).
The licenses for the use of the Software are given for a limited period of time. Ordinary termination during this license period is therefore excluded. However, the contracting parties are entitled to terminate (in writing or by email) for good cause. In addition, Rewellio GmbH is in any case entitled to pronounce an extraordinary termination in the event of infringements by the Acquirer against the obligations stipulated in the Terms and to block the license and thus access to the use of the Software.
8. PARTICIPATION- AND INFORMATION OBLIGATIONS
The Acquirer declares that he has informed himself of all functions of the Software. He has convinced himself that the Software meets his wishes and needs. The Acquirer must thoroughly and state-of-the-art test the subject of the contract for freedom from defects and usability in the existing hardware and Software configuration. Incidentally, the Acquirer is obliged to regularly inform himself about any information on the website of Rewellio GmbH regarding the use of the Software and to take it into account. The Acquirer grants Rewellio GmbH access to the IT-facilities or installed Software for the purpose of identification and repairing of errors in connection with the subject matter of the contract – at the option of Rewellio GmbH either on site or by remote access. The Acquirer waives the assertion of claims on whatever legal grounds, which could result from the transmission of suggestions for improvement or the identification of errors in the Software and grants Rewellio GmbH the irrevocable right to use the transmitted information free of charge for improving and adapting the Software.
9. WARRANTY / DAMAGE / LIABILITY
9.1.The statutory warranty provisions apply.
9.2.Rewellio GmbH is not liable for the permanent and uninterrupted availability of the Software. Malfunctions or maintenance work may restrict or temporarily interrupt the possibility of use. Rewellio GmbH does not warrant and cannot be held liable for data security outside its control and for the risk of data loss when transferring data over the internet.
9.3.The Acquirer is required to seek the advice of a specialist doctor or therapist prior to acquiring the Software to determine whether the Software can be used for hand rehabilitation. The Software does not replace personal consultation, medical examination or diagnosis by a specialist or therapist.
The Software is intended to assist with hand rehabilitation and does not constitute a stand-alone treatment or the like, and does not replace any medical or therapeutic treatment of any kind. In no case does it replace personal advice, medical examination or diagnosis. The Software neither promises to heal, nor does it serve the purpose of diagnosis. The Software can only augment the dialogue between therapists and third parties and support hand rehabilitation. The Software is therefore to be regarded as a supporting tool. The content provided by Rewellio GmbH cannot and must not be used for the preparation of independent diagnoses and/or the independent selection and application or modification or discontinuation of medications, other medical products, treatments or therapies.
9.4.For damage due to improper handling and improper use of the Software (contrary to the safety instructions and the manual) a liability of Rewellio GmbH is excluded. Rewellio GmbH is only liable for damage caused by intent or gross negligence. The liability for damages caused by slight negligence is excluded. This limitation of liability does not apply to personal injury. The compensation of consequential damages, financial losses, unrealized savings, interest losses and damages due to claims of third parties against the Acquirer is excluded, unless it was caused by Rewellio GmbH intentionally or grossly negligent.
9.5.Furthermore, Rewellio GmbH cannot be held responsible for errors, malfunctions or damage resulting from improper operation, changed operating system components, interfaces and parameters, the use of unsuitable hardware or data carriers as well as abnormal operating conditions. No guarantee is given if the Software was subsequently illegally changed.
10. EXCLUSION OF SET-OFF
The Acquirer is not entitled to offset claims against Rewellio GmbH against the consideration. However, this exclusion of set-off does not apply in the case of insolvency of Rewellio GmbH or for such counterclaims which are in the legal context of the present contract and which have been judicially determined or explicitly recognized by Rewellio GmbH.
11. INTELLECTUAL PROPERTY RIGHTS
11.1.The website operated by Rewellio GmbH as well as its entire content, in particular texts, photos, pictures, graphics, prints, textile designs, videos, presentations, sounds, illustrations and Software as well as all trademarks and/or registered designs are protected against unauthorized use by intellectual property rights, in particular copyright, name and image rights, trademarks and/or registered or unregistered design rights.
11.2.All news, graphics and the design of the website www.rewellio.com serves exclusively the personal information of the Acquirer. The use shall take place at his own risk. The reproduction, copying and printing of the entire website is only permitted for the purpose of placing an order with Rewellio GmbH as the operator of the web shop. Any use apart from the selection and acquisition of a license requires the prior written consent of Rewellio GmbH or, if the respective rights do not lie with Rewellio GmbH, of the copyright holder. Any further processing, copying, distribution and/or public reproduction exceeds the usual usage and constitutes a copyright infringement.
11.3.In the case of custom-made products or orders outside of the existing product range, Rewellio GmbH assumes that the Acquirer has made sure that third-party protection rights do not exist. If Rewellio GmbH produces articles according to drawings, specifications or original samples of an Acquirer, Rewellio GmbH is not liable for any rights, in particular for any third-party property rights. In a case of violation of the rights of third parties, the Acquirer undertakes to indemnify and hold Rewellio GmbH harmless.
12. DATA PROTECTION
For the privacy statement and the declaration of consent required for the acquisition of the license, please refer to the website of
13.1.Place of fulfillment is Bad Ischl, Austria.
13.2.Insofar as mandatory statutory provisions do not state otherwise, Austrian law is expressly applicable to this contract; the application of UN-Sales Law and the conflict of laws rules is expressly excluded. The same applies to the jurisdiction in case of disputes: For decisions regarding all disputes arising from the contract – including those about its existence or non-existence – the exclusive jurisdiction of the local courts which are competent, ratione loci and ratione materiae, at the headquarters of Rewellio GmbH is agreed. However, Rewellio GmbH (at its sole discretion) has the right to file claims against the Acquirer before the courts which are possible and admissable to have jurisdiction over the the Acquirer.
13.3.If any provision of these terms and conditions should be or become wholly or partially legally invalid or unenforceable, this shall not affect the legal validity of all other provisions. The contracting parties shall replace the legally ineffective or unenforceable provision by an effective and enforceable provision, which pursuant to the content and the purpose of the legally ineffective or unenforceable provision comes as close as possible.
13.4.Unless the Acquirer is explicitly granted rights regarding the subject matter of this contract, all rights to the subject matter of the contract – in particular any copyrights, trademark rights and patent rights – shall exclusively belong to Rewellio GmbH; this also applies – regardless of the form and the context – to edits made by Rewellio GmbH to the subject of the contract or parts thereof. The property of the Acquirer on the respective data media remains unaffected.
13.5.This agreement is final, so there are no collateral agreements. Any changes or additions must be made in writing. This also applies to the amendment of the written form requirement.
14. COMPLAINTS / DISPUTES
In case of complaints, the Acquirer can contact our customer service via email: email@example.com. Rewellio GmbH does not participate in an alternative dispute resolution system. For the out-of-court settlement of consumer disputes, the European Union has set up an online platform to which the Acquirer can turn. The platform can be found at: https://ec.europa.eu/consumers/odr/