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Terms of use and customer information for the Vilua+ app

The following terms and conditions apply to your use of the Vilua+ app:

1. scope of application of the terms of use

1.1 The Vilua+ App may be used by all natural persons who are at least 16 years old. The provider of the Vilua+ app is Vilua Healthcare GmbH. You can find more information about Vilua Healthcare GmbH in our imprint. Vilua Healthcare GmbH is your contractual partner, whom you can contact for all questions about the Vilua+ App or these Terms of Use, for example to make claims or complaints.

1.2 Vilua Healthcare GmbH is not the operator of other health recommendation offers that you may be able to access through links in our app (unless Vilua Healthcare is also identified as the operator on these linked pages).

2. Retrieval and storage options of the terms of use

You can access these Terms of Use at any time via the Settings menu of the Vilua+ app . You can also download a PDF version of these Terms of Use and save it on your own device.

3. restriction of use

3.1 The Vilua+ app is not compatible with all mobile device operating systems. Currently we support the operating systems: Android and iOS. You can see the supported versions of these operating systems in the app stores for these operating systems. If you are not using one of the supported operating systems on your mobile device, you will not be able to use the Vilua+ app.

3.2 Users with pre-existing conditions, chronic ailments or allergies and food intolerances as well as pregnant women may only use the Vilua+ Offerings after consulting a physician. If any ailments worsen during the use of the Vilua+ Offerings or if any health complaints occur during the execution of our recommendations, a doctor must be consulted and the use of the Vilua+ App must be discontinued.

4. Functions of the Vilua+ app

4.1 With Vilua+, we want to make users aware of health issues. The app uses questionnaires with which we determine your health status. Based on the physical and mental health status determined in this way (“Health Index”), we give you recommendations on how you can actively improve your health as part of preventive health care (such as recommendations on nutrition, exercise, stress, etc.). This includes not only Vilua+ offers, but also offers from third-party providers to which we link in our app.

4.2 The quality of the Health Index and thus of the recommendations given depends on you answering the questions asked in the app correctly and completely.

4.3 Use of the Vilua+ App may or may not lead to an improvement in well-being and health. The Vilua+ App is based on scientific findings that change regularly. Because of such changes, Vilua Healthcare GmbH cannot guarantee that the Vilua+ App will at all times reflect the current state of research and medical art.

5. No medical services

The Vilua+ offers are not medical services. They can in no way replace a visit to the doctor or the use of medical services. The Vilua+ app is only intended to raise awareness of health issues and motivate you to lead a healthy lifestyle through the health recommendations.

6. Personal and private use

You may only use the Vilua+ app as intended for your personal and private purposes.

7. Data protection

Vilua Healthcare GmbH collects and processes your personal data within the framework of the Vilua+ app. The scope of this collection and processing is described in our separate privacy policy, which you can find in the settings menu of the Vilua+ app under “Privacy”.

8. Protection of intellectual property

The Vilua+ App and its content are protected by various intellectual property rights. You are not allowed to make the Vilua+ App available or license it to third parties. You may not edit or decompile the Vilua+ App unless otherwise expressly provided by law for specific purposes. You may not reproduce the Vilua+ App or any part thereof, except for such reproductions that are related to the installation of the App on your mobile device or the secure operation of the App on your device.

9. Further additional offers

For certain additional offers in connection with the Vilua+ App, additional special terms and conditions may apply that supplement or deviate from these Terms of Use. Such additional offers may also be subject to a fee. However, before you order such additional offers, you will be expressly informed of the costs that may be incurred and also of such special conditions.

10. Rights in case of defects

10.1 Your rights in the event of any defects in the Vilua+ App shall be in accordance with the statutory provisions, unless otherwise specified in these Terms of Use.

10.2 The strict liability of Vilua Healthcare GmbH for initially existing defects according to § 536a BGB is excluded.

11. Limitation of liability

11.1 In the event of intent and gross negligence, also on the part of its legal representatives and vicarious agents, Vilua Healthcare GmbH shall be liable in accordance with the statutory provisions.

11.2 Vilua Healthcare GmbH shall be liable in accordance with the statutory provisions in the event of culpably caused damage resulting from injury to life, limb or health, in the event of damage caused by the absence of a guaranteed quality, and in the event of fraudulently concealed defects.

11.3 In the event of damage to property and financial loss caused by slight negligence, the liability of Vilua Healthcare GmbH shall be limited to cases of breach of a material contractual obligation and, in addition, the amount shall be limited to the damage foreseeable at the time of conclusion of the contract and typical for the contract. Material contractual obligations are those whose fulfillment is essential to the proper performance of the contract and on whose fulfillment you may regularly rely.

11.4 Liability under the Product Liability Act shall remain unaffected.

11.5 In all other respects, the liability of Vilua Healthcare GmbH is excluded.

12 Conclusion of contract

The contract for the use of the Vilua+ app is concluded by installing it on your mobile device.

13. Termination

13.1 You may terminate the use of the Vilua+ App at any time and without notice by deleting the App from your End Device.

13.2 An ordinary termination of the user contract by us is also possible at any time and without notice.

14. Changes to the app

14.1 We reserve the right to discontinue, amend or modify the Vilua+ App while reasonably protecting your interests.

14.2 We will inform you about such changes to the App in the product description in the App Store so that you can decide whether you want to install new versions of the App on your End Device. If your device is set to automatically install new versions of the App, you must regularly check whether you agree with any changes to the product description, especially if your device has notified you of a new update. In addition, the first time you launch a new app version with significant changes, we will notify you again about those changes so that you can decide whether you want to use the new version of the app.

14.3 If You do not agree with such changes to the Vilua+ App, You may stop using the App at any time by deleting the App from Your End Device.

If we no longer support an older version of the app, this shall be deemed to be a termination of the user agreement by us with regard to this older app version in accordance with the above section 13. In this case, we recommend that you update to the current app version, which you can then of course continue to use.

15. Amendment of these terms of use

15.1 We reserve the right to change or amend these Terms of Use with your consent – in particular if this is necessary in the interest of a simple and safe functioning of the App. Such changes to these Terms of Use will be communicated to you in advance in the app. They will be deemed approved if you do not expressly object to the change within two weeks after receipt of the notification. This will be pointed out to you again separately in the notification. In the event of an objection, we may terminate your use of the Vilua+ app for cause.

15.2 Any far-reaching changes to these Terms of Use that affect the basis of the legal relationship between the parties and may be tantamount to the conclusion of a new contract are, in derogation thereof, only possible with your express consent.

16 Applicable law and place of jurisdiction

16.1 These Terms of Use and all rights and obligations arising from or in connection with the Vilua+ App shall be governed by and construed in accordance with German law. Any consumer protection rights to which you are entitled under the mandatory legal provisions applicable in your country of residence shall remain unaffected by these Terms of Use.

16.2 Any disputes arising out of or in connection with these Terms of Use shall be subject to the exclusive jurisdiction of the courts in Berlin, Germany. If you use the Vilua+ App as a consumer (i.e. the use cannot be attributed to your professional or commercial activity) and you are domiciled in a member state of the European Union or the European Economic Area, the statutory provisions for determining the place of jurisdiction shall apply instead.

17 Alternative dispute resolution

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obligated to participate in a dispute resolution procedure before a consumer arbitration board and are generally not willing to do so.