Bedingungen
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Terms and conditions
1. General information
1.1 Tinni-Care, Postweg 4b, 83209 PrienT: +49 15143203633
E-Mail: info@tinni-care.com
Tinni-Care is the developer and operator of the medical application Tinni-Care and the website
https://www.tinni-care.com
1.2 Tinni-Care is a digital therapy app with a clinically controlled multimodal tinnitus treatment program.
1.3 A user within the meaning of these General Terms and Conditions (GTC) is a consumer, i.e. any natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity. A legal entity cannot be a user within the meaning of these GTC. Use for business or other commercial purposes is not permitted.
1.4 Purpose. Tinni-Care serves to improve tinnitus in peripheral and central ear noise perception. Tinni-Care also serves to document manually entered health data and to forward the documentation. Tinni-Care is not intended to produce or provide information for use in making decisions for diagnostic or therapeutic purposes.
2. Subject matter
The object of these GTC is the acquisition of access to the use of Tinni-Care.3. Essential features of Tinni-Care
3.1 Tinni-Care is intended to offer therapeutic techniques and exercises based on physiotherapeutic and psychological-psychotherapeutic therapy methods, as well as self-awareness training, which are suitable for patients with peripheral and central ringing in the ears to help them manage their ringing in the ears.3.2 Tinni-Care is intended for independent use in addition to the usual care of patients who are at least 18 years old. The program can be used for the period of 365 days. Tinni-Care is not intended to replace treatment by a healthcare provider, nor is it intended to provide information for diagnostic or therapeutic decisions.
3.3 The use of Tinni-Care is not a substitute for a diagnosis or medical or psychotherapeutic treatment. Furthermore, the answers you select while using Tinni-Care are not read by anyone, even if the dialog form of Tinni-Care may give this impression.
3.4 Tinni-Care is not intended for use in emergencies.
3.5 It is expressly stated that the use of Tinni-Care does not create a doctor/patient relationship and does not constitute an opinion, medical advice, diagnosis or treatment of any particular condition. It is your responsibility to seek the advice of a physician for your medical and mental health needs. You should not change your treatment plan, medications or therapy based on the information you receive through Tinni-Care. The use of Tinni-Care should not replace your own good judgment and common sense.
4. Website
4.1 In the case of our website, the subject matter of the contract is the purchase of access to the browser- or app-based application, which can be purchased in an app store or payment service provider.4.2 The presentation of Tinni-Care on our website is non-binding and does not constitute a binding offer to conclude a contract, but merely an invitation to submit an offer. The customer submits a binding offer by successfully completing the order process on our website.
5. Registration
5.1 The prerequisite for using Tinni-Care is registration. By registering, you accept the GTC and declare that you are of legal age and do not suffer from any of the contraindications specified in the instructions for use. The contract is concluded upon completion of the registration for Tinni-Care.5.2 Registration takes place with access, which is accomplished via registration by means of an e-mail address.
5.3 You can purchase access via our website.
5.4 Once you have registered, you can log in by entering your password.
6. Updates/changes
6.1 Tinni-Care reserves the right to make changes or additions to the information provided without prior notice. No liability arises from this.7. Data protection
7.1 By registering to use Tinni-Care, you consent to the processing of your personal data.7.2 The current privacy policy is available at the following link and in the app:
https://www.tinni-care.com/privacy-policy
8. Use of Tinni-Care
8.1 For the use of Tinni-Care you receive the simple, non-exclusive and non-transferable right of use to third parties. This does not constitute an acquisition of the content.8.2 You acknowledge that you have no ownership rights or other proprietary interests in your user account arising from the use of Tinni-Care.
8.3 Tinni-Care is generally available to you at all times. The availability of Tinni-Care may be temporarily restricted for technical reasons.
9. Obligations of the user
9.1 To access the online program, you choose individual login details, which you are responsible for keeping confidential and which you must prevent from being misused. In the event of misuse of any kind, you must inform Tinni-Care accordingly. Tinni-Care is entitled to block the affected access or user account. You are liable for any misuse for which you are responsible.9.2 You must bear the costs of the end device (e.g. smartphone) and telecommunications charges (e.g. costs for Internet access) incurred for the use of Tinni-Care.
9.3 You must install any software required for the use of Tinni-Care. Furthermore, you are responsible for creating the technical requirements for access to Tinni-Care, in particular with regard to the hardware used, the operating system software, the connection to the Internet and the browser software.
9.4 In the event of further development of Tinni-Care, you are responsible for making the necessary adjustments to the hardware and software you use.
10. Right of withdrawal
10.1 As a consumer, you have a right of withdrawal.10.2 Our withdrawal policy can be found in Appendix 1.
11. Breaches of contract
11.1 In the event of a breach of contract on your part, Tinni-Care is entitled to terminate the contract without notice. Claims for damages remain unaffected by this.11.2 You must not use any manual or automated software that could cause viruses or similar malicious code to penetrate Tinni-Care. Furthermore, you must not allow this to be done intentionally by another user, host or network. You must not carry out manual or automated attacks on Tinni-Care such as denial of service attacks or other brute force attacks.
12. Start and term
12.1 The use of Tinni-Care begins with the installation.12.2 The contract ends after use of all content provided, but no later than 365 days after registration with the access granted to you, without the need for termination.
13. Instructions for use
13.1 The Tinni-Care instructions for use must be read in full before use and observed with care14. Exclusion of liability
14.1 Claims of the user for damages are excluded. Excluded from this are claims for damages by the user arising from injury to life, limb or health or from the breach of material contractual obligations, as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by Tinni-Care, the legal representatives of Tinni-Care or vicarious agents of Tinni-Care. Material contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract.14.2 Uninterrupted and full availability of digital services cannot be guaranteed according to the current state of technology. Tinni-Care is therefore not liable for the constant and error-free availability of such digital services. Insofar as Tinni-Care has influence on interruptions, Tinni-Care shall endeavor to keep such interruptions as short as possible. If the Internet pages and mobile applications are used via mobile devices, both the range of functions and the display may be restricted depending on the operating system installed and the reception.
14.3 Tinni-Care assumes no liability for the data security of the app stores and the risk of data loss during the transmission of data via the Internet.
14.4 The customer is aware that the therapy program cannot provide individual diagnoses. Tinni-Care therefore accepts no responsibility for incorrect or incomplete diagnoses made by the treating doctors. Tinni-Care accepts no liability if the information and information provided is used for self-diagnosis contrary to its express purpose. The same applies if a necessary medical consultation (e.g. in the case of side effects) does not take place.
14.5 Furthermore, Tinni-Care shall not be liable in any respect for any direct and/or indirect damages, regardless of whether they are fault-based or no-fault damages, which have arisen due to access to, use of or inability to use the online program. In no event shall Tinni-Care be liable for loss of profit, loss of turnover, loss of data, consequential damage or damage due to loss of production or business interruption.
15. Success of therapy
Tinni-care only guarantees the proper functionality of all digital services within the specified range of functions. Tinni-Care expressly assumes no guarantee for the success of the therapy.16. User fees
16.1 The user fees published at the time of conclusion of the contract shall apply.17. Copyright notice
17.1 The content of the Tinni-Care online program is subject to the copyright of Tinni-Care, authors and licensors.17.2 You have the option of downloading written information for personal use. This material is intended exclusively for your own use and may not be passed on to third parties or distributed commercially. Any distribution, modification or reproduction of material and information is not permitted.
17.3 Images, graphics, video and audio files and the layout of Tinni-Care are owned or licensed by Tinni-Care and may not be reproduced or distributed without prior written permission.
18. Amendments to these GTC
18.1 Tinni-Care reserves the right to update the GTC as necessary.18.2 Amendments to the GTC for existing contractual relationships are only permitted if the amendment is reasonable for the client, in particular because it is minor and objectively justified.
18.3 The customer shall be notified of new terms of use in good time by email or in a suitable place on the website or in the app. The customer may object to amended terms of use at any time. In this case, Tinni-Care reserves the right to terminate the contract.
19. Final provisions
19.1 The law of the Federal Republic of Germany shall apply.19.2 Should individual provisions of these GTC be invalid or contestable, this shall not affect the validity of the remaining provisions.
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