Terms of Use

Terms of use and Customer Informations for the DYNOSTICS App

The following terms and conditions apply to your use of DYNOSTICS App. You may download the text of these Terms of Use on the DYNOSTICS website under the menu item “Terms of Use” at any time.

Inhaltsverzeichnis:
1. Your Contractual Partner
2. Installation and Use of the DYNOSTICS App
3. Costs
4. Password
5. Data Protection Policy
6. Personal & Private Use
7. Termination
8. Limitation of Liability
9. Languages
10. Applicable Law
11. Dispute Resolution
12. Change of the App and of these Terms of Use


1. Your Contractual Partner

The provider of DYNOSTICS App, and thus your contractual partner is

Sicada UG (haftungsbeschränkt)
Walter-Schulz-Str. 1
86825 Bad Wörishofen
Germany
Phone: 08247/90 63 030
Fax: 08247/90 63 031
Email: service@dynostics.de

(hereinafter “Sicada” or “We”).

Sicada is registered in the commercial register of the local court of Memmingen under HRB 16541 and is represented by its managing director Stefan Bartenschlager.

You can also raise claims and complaints to the address stated above.

 


2. Installation and Use of DYNOSTICS App

DYNOSTICS App enables you to use the mobile performance analysis within the scope of DYNOSTICS Platform at participating providers.

A prerequisite for the use of DYNOSTICS App is an existing account with DYNOSTICS Platform. Such an account for you can only be set up and activated by a participating provider. You cannot obtain an account for DYNOSTICS Platform from Sicada directly.

You may only install and use DYNOSTICS App if you are at least 18 years old and accept these Terms of Use. If you have been permanently banned from using DYNOSTICS Platform in the past, you may not (re-)install the App.

The mobile performance analysis of DYNOSTICS is a breath gas analysis which is evaluated on the basis of empirical data. The measurements provide an orientation, but are not a substitute for a medical examination (e.g. lactate test), which may lead to wider-reaching or deviating results. If you desire a reliable examination of your physical fitness you must see a physician or a center for performance diagnostics.

The mobile performance analysis of DYNOSTICS is an exhaustion test which is physically very challenging as it continues until you yourself abort it. You may only commence a test if you are healthy and physically fit. If you are prone to fear and panic attacks, which may be aggravated by the mask of the DYNOSTICS test device, you are also not permitted to commence the test. If problems are encountered, you must abort the test immediately and if necessary, summon medical help. You are undertaking the test at your own risk.

 


3. Costs

DYNOSTICS App is provided by Sicada free of charge.

The provider which sets up and activates your account for DYNOSTICS Platform may charge a fee for this service and/or for carrying out a mobile performance analysis. This potential fee, however, is solely subject to the contractual arrangement between you and the respective provider; Sicada is not a party thereto.

Certain additional services by Sicada in connection with DYNOSTICS App may be subject to a fee, and such additional services may also be subject to additional special terms and conditions which supplement these general Terms of Use or deviate therefrom. However, you will be expressly informed about such potential fees and such special terms and conditions, where applicable, prior to ordering such additional services.

 


4. Password

You may choose a password for DYNOSTICS Platform yourself; this password protects your account access. Your password must be secure (in particular, do not choose your birthday or your user name as password). You must keep it strictly confidential and never disclose it to a third party.

If you believe that a third party may know your password you must change it immediately on the DYNOSTICS website under the menu item “Personal Data”. If you suspect that your password may have been abused you can also notify us via email to service@dynostics.de.

 


5. Data Protection Policy

The protection of your personal data is important to us. Details on data protection at DYNOSTICS are set forth in our Data Protection Policy.


6. Personal and private Use

You may only use DYNOSTICS App and your account with DYNOSTICS Platform in accordance with the intended use and only for your personal and private purposes.

The temporary provision and/or permanent assignment of your account to a third party is not permitted.

 


7. Termination

You may terminate or cancel your use of DYNOSTICS App and your account with DYNOSTICS Platform at any time without adhering to a notice period.

We may only terminate by adhering to a reasonable notice period unless we terminate for important cause. In particular, a material or repeated breach of these Terms of Use may constitute important cause for immediate termination.

After the termination takes effect, you can no longer use DYNOSTICS App and your account with DYNOSTICS Platform, and we will delete the data stored in your account in a timely manner (unless you expressly ask us to continue to store the data).

 


8. Limitation of Liability

As DYNOSTICS App is a free offer of Sicada. We are only liable for damages caused by wilfull intent or gross negligence. Statutory law applies in case of damages from injury to life, body or health and in case of claims under the German Product Liability Act.


9. Languages

DYNOSTICS App is currently only offered in German language.


10. Applicable Law

All agreements regarding and in connection with DYNOSTICS are subject to German law (excluding references to other legal systems, if any). Consumers whose habitual residence is in another member state of the European Union or in Switzerland (hereinafter the “Home Country”) may nevertheless also rely on such laws of their Home Country which cannot be derogated from by agreement pursuant to the law of this Home Country.


11. Dispute Resolution

We are neither obligated nor willing to partake in dispute resolution proceedings pursuant to the German Act on Alternative Dispute Resolution of Consumer Matters by Consumer ADR Entities.

Link to the platform of the EU Commission for online dispute resolution (“ODR-Platform”): http://ec.europa.eu/consumers/odr/.

 


12. Change of the App and these Terms of Use

We reserve the right to discontinue, amend or modify DYNOSTICS App upon reasonable notice period (or, in case of important cause, without adhering to a notice period), under reasonable consideration of your legitimate interests.

We also reserve the right to modify or amend these Terms of Use to the extent this is necessary in the interest of the simple and secure functioning of the App (in particular to avoid health risks). Such changes will be notified to you in advance via email and are deemed accepted if you do not expressly object two weeks after receipt of the email. We will inform you hereof separately once again in such email. In case of an objection, we may terminate your use of DYNOSTICS App and Platform for important cause.