Terms and Conditions

TERMS OF USE Preventicus Heartbeats Services OF PREVENTICUS GMBH 

Last updated: 2024-08-30 

Legally authoritative is the German version, translations into other languages are non-binding convenience translations. 

1. SCOPE

1.1 The following Terms of Use in their currently amended version (hereinafter referred to as “Terms of Use“), in conjunction with the data security policy, govern the use of the App (hereinafter referred to as “App“) developed by PREVENTICUS (Preventicus GmbH, Ernst-Abbe-Str. 15, 07743 Jena, Germany, hereinafter referred to as “PREVENTICUS“) and the utilization of the services offered by PREVENTICUS via these apps (hereinafter also referred to as „Heartbeats Services“ or „App“). In particular, the Preventicus Heartbeats Services Terms and Conditions apply to the Preventicus Heartbeats app, the Preventicus Nightwatch app and additional packages that can be purchased in-app. 

1.2 These Preventicus Heartbeats Services Terms and Conditions also apply to our Heartbeats Services that we offer via third-party apps.

 

2. CONCLUSION OF CONTRACT

2.1 Upon agreement to the Preventicus Heartbeats Services Terms and Conditions, a contractual relationship is established between PREVENTICUS and the user free of charge, which includes these Preventicus Heartbeats Services Terms and Conditions. 

2.2 We grant User, subject to the terms and conditions set forth herein, a limited, non-exclusive, revocable license to use, subject in addition to the applicable terms and conditions of Apple (App Store) or Google (Google Play) (collectively, „App Stores“) where User downloaded the App. The App is licensed, not sold. 

2.3 The data protection consent is not part of these Preventicus Heartbeats Services Terms and Conditions. In order to use the app , the user must separately consent to the processing of his/her health data in accordance with the displayed privacy consent statement. In it, we explain what personal data will be collected, processed or provided by you through the app by us or any third parties named therein, if any. After agreeing to the Preventicus Heartbeats Services Terms and Conditions, the user has the option of using free and chargeable services. These Preventicus Heartbeats Services Terms and Conditions apply exclusively to these free and paid services. 

2.4 Before concluding a contract, PREVENTICUS informs the user about services that are subject to a charge, their respective service content, the respective price, and the terms of payment. The user selects a means of payment, such as entering his or her payment data on the payment page, by sending the payment data to PREVENTICUS or to the service provider commissioned by PREVENTICUS. 

2.5 The user agrees that payment for PREVENTICUS services that are subject to a charge may be processed via a service provider commissioned by PREVENTICUS (e.g. payment service provider or credit card company). The user may use a common and reasonable free payment option. 

2.6 If the user uses the app via a mobile network, the user may incur additional costs, such as connection fees and roaming charges. Whether and which costs are incurred depends on the contractual terms and conditions of the mobile network operator. PREVENTICUS has no control over the occurrence of these costs. The user is responsible for these additional costs. 

2.7 The app may contain or link to third-party content or third-party services (collectively, „third-party services“ or „third-party providers“). Third-party services are not under the control of PREVENTICUS. PREVENTICUS is not responsible for such content, including the privacy information or practices of the operators of such Third Party Services. Users should carefully read the terms of use and privacy information of such Third Party Providers. 

 

3. SUBJECT MATTER OF THE CONTRACT

3.1 PREVENTICUS offers its users, within the framework of a preclinical risk screening, services to determine and provide their health data by evaluating this data using the algorithms used by PREVENTICUS. The user provides the required individual data by manually entering it and using a mobile device (e.g., via smartphone). From the individual data and measured values provided by the user, PREVENTICUS creates individual, user-related results using the evaluation algorithms, which PREVENTICUS makes available to the user in the form of an overview. 

3.2 Medical diagnostics, telemedicine or services provided under a doctor’s contract are not the subject of this contractual relationship between PREVENTICUS and the user. 

3.3 The app can be used to detect indications of the presence of cardiac arrhythmias in the out-of-hospital setting in non-acute situations. These arrhythmias include bradycardia, tachycardia, absolute atrial fibrillation, and the presence of extrasystoles. 

3.4 For this purpose, heart rate data determined by means of wearables or smartphone camera is collected over a certain period of time. If such indications are detected, the affected person can save the underlying information in the full version. In addition, the affected person is recommended further medical evaluation by specialists. The result obtained is merely a possible suspicion, but not a diagnosis in the medical sense. 

3.5 Individual data of the user within the meaning of these Terms and Conditions Preventicus Heartbeats Services are the data that the user provides in each case by manual entry as well as otherwise after the personal use of measuring devices, in particular his basic data, his personal results determined by PREVENTICUS. 

 

4. USAGE PACKAGE – FREE AND CHARGEABLE PREVENTICUS SERVICES

4.1 „Test version“ usage package – free services 

A short-term measurement and the creation of a short evaluation based on the data entered and measured are free of charge. The basic usage does not offer a detailed evaluation, no storage option for the results and no option to communicate with third parties via the app. 

4.2 „Full Version“ Usage Package – Services Subject to a Charge 

1. a) The use of the full version is subject to a charge.
2. b) Within the scope of the use of the full version, the user has the following options in addition to the „test version“ usage package

– a 5-minute measurement via smartphone camera or continuous interval measurement via wearable with detailed evaluation, 

– the possibility to create, save and send a detailed analysis report as well as 

– to indicate the cause of the measurement or symptoms, if applicable, and the 

– access to the archive of its analysis reports. 

1. c) To use the full version, a monthly or annual licence must always be purchased. The billing method, price and term are listed in each case as part of the offers and are summarized in full before the order is concluded. The contract on the purchase comes into effect with the confirmation of the purchase of the full version.
2. d) To enable the purchase recovery function for the app, an app store service is required. The User agrees to the applicable terms of use of the App Store Service. This provision applies exclusively to our Apps and not to Heartbeats Services offered via third-party Apps.
3. e) The chargeable use expires after the expiration of the contract. After expiration of the paid use, the free use is still possible with the aforementioned limited scope of evaluation and interaction.

4.3 The app is a clinically validated medical device and fulfills the basic requirements of Directive 93/42/EEC or its national implementations. 

 

5. REVOCATION / TERMINATION

5.1 Cancellation policy 

Right of withdrawal: 

As a user, you have the right to withdraw from this contract within fourteen days without giving any reason. 

The revocation period is fourteen days from the day of the conclusion of the contract. 

In order to exercise your right of revocation, you must inform us, represented by the managing directors Dr. Thomas Hübner and Alexander Stanke (phone: +49 3641 55 98 45 0, e-mail: info@preventicus.com)by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to revoke this contract. You can use the attached sample cancellation form for this purpose, but it is not mandatory. 

To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the expiry of the cancellation period. 

Your right of revocation expires prematurely if we have provided the service in full and have only begun to perform the service after you, as the consumer, have given your express consent to this and at the same time confirmed your knowledge that you lose your right of revocation upon complete fulfillment of the contract by us. 

Consequences of revocation: 

If you revoke this contract, we shall reimburse you for all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.  

If you have requested that the services begin during the withdrawal period, you shall pay us its reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of withdrawal with regard to this contract, compared to the total scope of the services provided for in the contract. 

Sample cancellation form: 

(If you want to cancel the contract, please fill out this form and send it to us). 

Attn.:  

To PREVENTICUS GmbH, represented by the Managing Directors Dr. Thomas Hübner and Alexander Stanke,  

Ernst-Abbe-Str. 15, 07743 Jena: 

Telefax: +49 3641 55 98 45 9    

E-mail: info@preventicus.com       

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

Ordered on (*)/received on (*) 

Name of consumer(s) 

Address of consumer(s) 

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

Date 

_______________ 

(*) Delete where inapplicable.  

– End of the cancellation policy 

5.2 Subject to the provision in Section 5.3 and without prejudice to the provision in Section 5.1, the User shall have the right to terminate the concluded agreement on the provision and use of the Service within 14 days after approval of these provisions without stating any reasons. The User shall then be reimbursed for the usage fee paid.  

5.3 By accepting these provisions, the user instructs us to make the app available to him as a download before the two-week cancellation period expires. In doing so, the user expressly waives the aforementioned right of termination from section 5.2 and the reimbursement of the usage fee.  

5.4 Even if the usage package „Full Version“ is already activated at the time of termination, the User may terminate the contract for the usage of the usage package „Full Version“ at the end of any month or up to 24 hours before the expiration of an existing subscription. Refunds are excluded. The assertion of rights in the event of a defective app or an app that does not correspond to the product description by the user remains unaffected by this. 

 

6. ADDITIONAL PACKAGE – THIRD-PARTY SERVICES FOR WHICH A CHARGE IS MADE BY PREVENTICUS

6.1 „Telecare Center“ additional package – third-party service subject to a charge 

a) The Telecare Center is a third-party service. Use of the Telecare Center is subject to a charge.

b) Users of the full version have the option of transmitting individual analysis reports to the Telecare Center in order to have them checked and evaluated by medical-technical personnel in terms of cardiorhythmics („KRT“, or „KRT analysis“). For this purpose, the measurement series contained in the analysis report, the specified age and gender, as well as any comments made by the user, will be made available to medical-technical personnel of the Telecare Center at the user’s request.

c) The user can use it to have the measurement series checked again by medical technology personnel from the Telecare Center. The medical technology personnel validate the signal quality of the measurement series with the KRT analysis, taking into account any interference parameters detected by the Heartbeats app. The medical technology staff also analyze any rhythmological abnormalities that the Heartbeats app cannot detect (atrial fibrillation, extrasystoles or abnormalities in the heart rate). After completion of the cardiorhythmic technical evaluation, the user receives an extended result report from the Telecare Center with the evaluation of the abnormalities and information for the attending physician. 

d) The result report is usually sent to the user in the app on the following working day, but at least within three working days. 

e) A one-time payment is required for each KRT. The price per KRT is listed in the offer (contract offer). Before submitting the analysis report, the user is requested to accept the General Terms and Conditions of the Telecare Center and to agree to the use of his/her data by the Telecare Center as required for the use of the service in accordance with the applicable data protection provisions. Only when the user agrees to both documents and sends in the analysis report does the user declare with binding effect that he wishes to use the service (acceptance of contract). This concludes the service contract between the user and the Telecare Center. By entering into a contract for the use of the Telecare Center, the user consents to the provision of his or her data to the Telecare Center by PREVENTICUS.

f) The results determined by the Telecare Center are for information purposes only and under no circumstances replace a personal diagnosis, consultation, care or treatment by medical or medically trained personnel. A possible misjudgement of the medical-technical staff cannot be excluded. The service is not intended for decision-making in acute conditions, nor for real-time monitoring of vital functions, nor does it interfere with existing guideline-based diagnostic pathways or therapeutic measures. The Telecare Center and its directors, officers, employees, agents, partners, affiliates, and licensors assume no responsibility for any decisions the user makes based on the information, such as whether or not to seek care or treatment from medical professionals. This service does not represent a medical service and is not intended to replace it!

g) If the User participates in a care program or a study, different contractual or other conditions of participation may apply. In this case, the Telecare Center Service may be integrated into the Heartbeats Services usage and, for example, an automatic transmission of analysis reports to the Telecare Center may take place if rhythmological abnormalities are detected. There may also be no additional charge for the Telecare Center service.

7. ADDITIONAL PACKAGE – PREVENTICUS COACH

7.1 Additional package ‘Preventicus Coach’ – chargeable service of Preventicus GmbH 

a) The coach is a service provided by Preventicus The coach is a CE-certified medical device (Class I).  The use of the Preventicus Coach is subject to a fee. 

b) Users of the full version have the option of using the Preventicus Coach to record further health data in order to create a personal health profile in various areas (g. heart health, circulation, metabolism, well-being, mobility), on the basis of which information and suggestions for maintaining or improving health are displayed. Users can view their health profile over time and are reminded to update tests at regular intervals. This is intended to support the early and targeted prevention of lifestyle diseases. 

The underlying health profile is created and updated on the basis of the heart rate and heart rhythm data determined in the Preventicus Heartbeats app and the basic data on age and gender stored there, the user information from the medically validated questionnaires and other self-performed tests. 

c) Depending on the completeness and timeliness of the health profile, analyses are created and made available, including on heart health, taking into account the measurements of heart rhythm and resting heart rate (each by means of pulse analysis) and the risk of a heart attack; on circulation, including the risk of stroke and high blood pressure, taking into account user information on blood pressure; on metabolism and the risk of diabetes, taking into account user information on BMI, waist-to-body size ratio, alcohol consumption; on well-being and risk of depression, including display of the relaxation index (by means of pulse analysis) and taking into account user information on mental well-being; on mobility and back with assessment of coordination, strength, mobility or strength endurance, taking into account user information on the assessment of functional and movement restrictions.

d) The results and analyses obtained are merely a risk assessment, not a diagnosis in the medical sense. The results obtained are for information purposes only and are under no circumstances a substitute for personal diagnosis, counselling, care or treatment by medical or medically trained personnel. The system is not intended for decision-making in acute conditions or for monitoring vital functions, nor does it interfere with existing diagnostic pathways or guideline-compliant diagnostic or therapeutic measures. It is used exclusively for self-assessment of health-related data, to motivate lifestyle changes and thus to prevent common diseases of civilisation.

e) The additional Preventicus Coach package can only be purchased as a bundle, e. together with the full version. The price of the additional package is listed as part of the offer (contract offer). Before purchasing, the user is asked to accept the terms of use and to give their consent under data protection law to the processing of health data required for the use of the service. Only with the user’s consent does the user make a binding declaration that they wish to use the service (acceptance of contract). The service contract between the user and Preventicus GmbH is thus concluded.  

f) If the user participates in a care programme or a study, different contractual or other conditions of participation may apply. The additional service Preventicus Coach may be integrated into the use of Heartbeats Services and, for example, automatically create and update the health profile based on the heart rate and heart rhythm data and basic data and display analyses, information and suggestions in this regard.

 

8. SCOPE OF THE SERVICES TO BE PROVIDED BY PREVENTICUS

8.1 PREVENTICUS is not obliged to check or verify the accuracy, completeness and up-to-dateness of the data provided by the user. PREVENTICUS may assume that the data provided by the user is correct, complete and up-to-date when providing services. If the data provided by the user is incorrect, incomplete and not up to date, the user automatically accepts that the results obtained by PREVENTICUS may be inaccurate. The evaluations are therefore always of limited informative value and make no claim to completeness or accuracy. PREVENTICUS therefore provides no guarantee or warranty for the accuracy and/or completeness of the results and other information, particularly in medical or clinical terms. 

8.2 The results obtained by PREVENTICUS are for information purposes only. Each evaluation is abstract and therefore always non-binding information, but neither information about the user’s actual state of health nor advice or recommendations for the treatment of diseases or infirmities. Only a physician or other medically or therapeutically trained personnel can provide such information, advice or recommendations. It is impossible for PREVENTICUS to provide a medical or other specialist medical or health examination, and PREVENTICUS therefore does not owe such an examination. The respective analysis cannot replace the anamnesis, examination, diagnosis and therapy suggestions by a physician. The results obtained therefore do not represent a diagnosis and therefore do not under any circumstances replace or supplement personal advice, care or treatment by medical or otherwise medically trained professionals, by whom exclusively the preparation of diagnoses, the recommendation of treatment therapies or the use of medications. The evaluations are merely non-binding indications of possible risks. No evaluation replaces a medical examination. A binding health risk assessment or therapeutic decisions are not owed by PREVENTICUS. Even if a result does not indicate a risk, such a risk may still exist. PREVENTICUS does not assume health care responsibilities for the user. PREVENTICUS therefore expressly urges all users to always seek medical or physician advice immediately in the event of symptoms of illness or health problems. PREVENTICUS expressly advises against starting, changing or terminating therapies without consulting a physician. 

8.3 PREVENTICUS checks the information provided when providing the service with the greatest possible care and with reference to the latest medical developments. PREVENTICUS is not responsible for the accuracy, completeness, timeliness or usefulness of this information. 

8.4 Whether and how the user uses the evaluations is at the user’s own risk. PREVENTICUS and its directors, officers, employees, agents, partners, affiliates and licensors are not responsible for any decisions you make as a user based on the Site and/or the Information, such as whether or not to seek care or treatment from a healthcare professional. You hereby waive any and all claims you have or may have in the future against PREVENTICUS and its directors, officers, employees, agents, partners, affiliates and licensors, and agree to indemnify and hold them harmless from and against any and all claims, proceedings, costs, indirect or consequential damages arising out of or in connection with your use of the Information. This also applies to lost profits. 

8.5 There is no agency or contractual relationship between PREVENTICUS and the user. 

8.6 PREVENTICUS makes no promises and gives no guarantee that the app will operate safely, without interruptions or errors. PREVENTICUS assumes no obligation with regard to the functionality or operability of the smartphone or other hardware used by the user. 

 

9. DUTIES OF THE USER

User is responsible for creating the necessary conditions for accessing the App, which includes, in particular, establishing an Internet connection. 

 

10. RESTRICTIONS ON USE, PROHIBITIONS ON ACCESS

10.1 The following types of use and access are prohibited: 

a) The use of the app for illegal purposes, in particular purposes that violate the law or the contract, or the promotion thereof. This applies accordingly to corresponding attempts.

b) Accessing, manipulating, or using non-public areas of the app, PREVENTICUS computer systems, or technical transmission systems of our providers.

c) Exploring, scanning or testing the app’s vulnerabilities or violating or bypassing security and authentication measures.

d) Any automatic or manual attempts to access the App or information and data or to browse the App using other than the currently available PREVENTICUS public interfaces.

e) Any interference with or interruption of access to the App by other users and corresponding attempts.

f) The use, collection, spying on, or disclosure of data or information of third parties without their express permission, which must be proven to PREVENTICUS in every case.

g) Any modification, linking, deep linking, storage, reproduction, duplication, copying, sale or dealing with the content or graphic design of the App or the information contained on it.

10.2 Furthermore, the user is prohibited from 

a) storing, publishing, transmitting and distributing racist, insulting, discriminatory, defamatory, sexually explicit, violence glorifying or other illegal content;

b) to carry out or attempt to carry out disruptive interventions in the PREVENTICUS system using technical or electronic aids, in particular hacking, brute force, viruses, worms or Trojans;

c) to read, copy, distribute and transmit accessible data without the express consent of the respective rights holder or to read such data using technical aids (crawlers, bots);

d) send chain letters or messages, especially mass mails or spam, to several persons at the same time.

10.3 In the event of a breach of any of the obligations set forth herein, or of attempts to do so, PREVENTICUS is entitled to withhold or remove information or other data at any time and to terminate paid services for good cause. 

 

11. CHANGES TO THE APP, CONTENT 

11.1 PREVENTICUS reserves the right to change the content, graphic design or structure of the app. PREVENTICUS further reserves the right to temporarily suspend access to the app, its operation, or its functions, in whole or in part, at any time for this purpose or for any other reason. 

11.2 PREVENTICUS is responsible for its own content on the PREVENTICUS website and the app in accordance with general laws. PREVENTICUS is not obliged to monitor transmitted, linked or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected by this. However, PREVENTICUS is only liable in this regard from the point in time at which it becomes aware of a specific violation of the law. If PREVENTICUS becomes aware of any infringement of rights by content, PREVENTICUS will remove such content immediately. 

 

12. AMENDMENTS TO THESE PROVISIONS 

12.1 We may change these Preventicus Heartbeats Services Terms and Conditions from time to time, for example, to implement regulatory changes or to introduce new features, services or Apps. Such related changes will be effective from the time we send a notice to the User, for example, if we send a notice when the App is launched and ask the User to confirm these changes before the App can be further used. 

12.2 If the changes objectively put the user in a worse position, we will announce these changes 30 days in advance. If the user does not agree with any of the changes, , the user must contact us before the changes take effect. Otherwise, the changes will become part of the contract at the time they take effect. 

12.3 The user of the full version is only entitled to set-off insofar as his counterclaims are undisputed or have been legally established. The User shall only be entitled to assert rights of retention on the basis of counterclaims arising from the same contractual relationship. 

12.4 We will not archive copies of these Preventicus Heartbeats Services Terms and Conditions through your use of the Heartbeats Services. A link to the currently valid and printable version will always remain available via the App. 

 

13. RIGHTS TO THE WEBSITE, THE APP AND TRADEMARKS AND NAMES

13.1 All rights to the website and the app, in particular copyrights, trademark rights, patent rights, and all other intellectual property rights, as well as all rights to the name „PREVENTICUS“ or any confusable derivatives, to trademarks, to domains, and to all information (with the exception of the individual data entered by the user) are and always remain the exclusive property of PREVENTICUS or its licensors. „PREVENTICUS“ is a registered trademark of Preventicus GmbH in the EU and other countries. 

13.2 The reproduction, editing, distribution, and any kind of exploitation of the content or components of the website and the app require the written consent of PREVENTICUS. Downloads and copies of the website or the app for commercial use are not permitted. 

13.3 To the extent that PREVENTICUS did not create the content on the PREVENTICUS website or app, PREVENTICUS will respect the copyrights of third parties. Third-party content is identified as such. Should the user nevertheless become aware of a copyright infringement, PREVENTICUS requests that he or she be notified accordingly. If PREVENTICUS becomes aware of any infringements, it will remove such content immediately. 

 

14. LIABILITY AND RESPONSIBILITY OF PREVENTICUS

14.1 PREVENTICUS is liable for intent and gross negligence. In the case of slight negligence, PREVENTICUS’s liability is limited to foreseeable damage that is typical for the contract, provided PREVENTICUS breaches an obligation that is essential for achieving the purpose of the contract. Regardless of the reason for the claim, PREVENTICUS does not assume any liability beyond this. The above limitations and exclusions of liability do not apply to claims for damages arising from injury to life, limb or health, or to claims under the Product Liability Act. Insofar as PREVENTICUS’s liability is limited or excluded, the personal liability of PREVENTICUS’s vicarious agents is also limited or excluded. The above limitations of liability also apply to third parties that are included in the scope of protection of the contract. 

14.2 PREVENTICUS is not responsible or liable for any damage to the user’s computer system, loss of data or other disadvantages resulting from access to the website or the app or their respective use. This also applies to the destruction or failure to store or transmit data, information and other communications. 

 

15. GENERAL NOTE ON DATA PROTECTION 

15.1 PREVENTICUS attaches great importance to data protection in the interest of users. The user has the opportunity to read more information on the subject of data protection in the data protection information Use of the Preventicus Heartbeats app by PREVENTICUS. The processing of the data provided by the user and the safeguarding of the data is carried out in accordance with the data protection information Use of the Preventicus Heartbeats app by PREVENTICUS in compliance with the applicable provisions of data protection law. 

15.2 PREVENTICUS does not sell, exchange or otherwise make unauthorized use of personal data. In particular, PREVENTICUS will not disclose any personal data of the user to third parties unless the user has given his or her consent to do so or PREVENTICUS is under a legal obligation to disclose the data. External service providers of PREVENTICUS who perform services in the name of and on behalf of PREVENTICUS as instructed in the performance of the contract with the user (processor) are not considered third parties. This includes, for example, hosters or e-mail or newsletter senders. 

 

16. COMMUNICATION WITH US / INFORMATION DUTIES

For questions, simply contact our customer service. Send us an e-mail to info@preventicus.com, or write to us at: Preventicus GmbH, Ernst-Abbe-Str. 15, D-07743 Jena, Germany 

We have not submitted to any out-of-court complaint or redress procedure. 

The user can access, copy, save and print the text of the contract at any time using the following link. We ourselves store the contract texts and make them available to the user by e-mail upon request. 

We have not subjected ourselves to any special code of conduct (set of rules). 

Since 09.01.2016, Regulation (EU) No. 524/2013 (ODR Regulation) has been in force on online dispute resolution in consumer matters. It applies to the out-of-court settlement of disputes about contractual obligations, among other things, from online service contracts between consumers and online companies and aims to achieve a high level of consumer protection in the European single market. The online dispute resolution (ODR) option is intended to provide a simple, efficient, fast and inexpensive out-of-court solution to disputes. The OS platform forwards duly filed complaints to the (under national law) competent AS bodies (Out-of-Court Dispute Resolution). The use of the ODR platform itself is free of charge; in proceedings before the ADR entities, the consumer may incur costs (up to EUR 30.00) if his request is abusive of the law.  

Link to the EU Commission’s ODR platform: ec.europa.eu/consumers/odr 

 

17. FINAL PROVISIONS

17.1 We are entitled to assign our contractual rights and obligations to a third party. An assignment of the contractual rights of the user is excluded. The contractual rights and obligations from the concluded user contract of the user can only be transferred to a third party if we have agreed to this in writing. 

17.2 Should individual provisions of the above terms and conditions be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provisions shall be replaced by provisions that come as close as possible to the economic purpose of the contract while adequately safeguarding the interests of both parties. 

17.3 The place of jurisdiction for all disputes arising from this contract and its validity is, at the discretion of PREVENTICUS, the registered office of PREVENTICUS or the registered office of the customer. 

17.4 This contract shall be governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the German International Private Law.