These general terms and conditions ("GTC") and any additional provisions (such as the data protection declaration) regulate the access and use of the offers and products of our mobile applications (" apps ") and our websites "asate.com", "silentsleep.training" and "asate.doctor" (" Websites "). The websites are operated by Asate AG, Buechstrasse 2, 8645 Jona, Switzerland (" Asate ", " we ", or " us "). By accessing the apps and the website as well as using our services and products, you declare that you are ready to accept and comply with the terms and conditions in their most current form.
The collection and use of the personal data provided by you (" data ") takes place in accordance with our data protection declaration.
purpose
The services offered on the apps and the website, as well as the products that you can order, enable you to use training methods against snoring and other breathing difficulties by reducing the intensity, duration and frequency of these complaints. Training with the medical didgeridoo (instrument) developed by us aims to reduce obstructive sleep apnea and snoring. Through the targeted training with the medical didgeridoo, especially through the vibrations generated, your airways are supplied with blood and your throat muscles are strengthened. Please read the instructions for use for the medical didgeridoo.
For the appropriate training, you can use the apps on your smartphone, tablet or computer that enable you to carry out the training exercises correctly. The apps contain operating instructions, a tutorial for using the medical didgeridoo and instructions for the correct application technique.
Our training offers include:
general information on the cause of snoring/difficulty breathing;
specific information on Asate training;
Tutorial and instructions for training with the medical didgeridoo;
Measurement of the sound pattern and information about the training progress for checking and evaluating the training progress.
No substitute for medical advice/no assurances
The information and reference materials contained in the apps and on the websites do not constitute medical advice and are not a substitute for professional medical consultation.
Asate is in no way responsible or liable for the health of users. Our offers are not intended to take into account special circumstances that could influence the state of health of a user. If you have any health problems or specific questions, please contact your doctor.
We make no representations or warranties that the use of the apps, the website and/or the medical didgeridoo will lead to a specific result. Your training progress can also depend on factors that cannot be influenced (such as your physical condition or certain health conditions). As a result, the results can vary greatly between individuals, despite identical use of the respective services and devices.
Registration/login
In order to be able to use the full range of services offered by the apps and the website, you need to set up a user account. You can open a user account either directly online on the website or via the apps.
If you want to benefit from all of our training offers, you have to activate the apps completely - you can switch from the basic version to the paid premium version in the apps at any time, but this is not required for the effect on snoring and sleep apnea - so that you can use the tutorial and be able to carry out the training sessions. The complete activation of the training offers takes place via your user account.
Your account information is personal and may not be passed on to or used by third parties. You are responsible for ensuring that your login details are kept safe. Asate is in no way responsible for any loss or damage caused by unauthorized access to your account or the use of your credentials. If you learn of or suspect unauthorized use of your account, you must inform Asate immediately.
Purchase and compensation
The creation of a user account is only possible after purchasing a Silent Sleep Training that contains a medical didgeridoo and the basic app. After creating the user account, you can test the premium apps during a free test phase. After this test phase, only the basic app is available.
If you decide to fully activate our services and start the training units on the apps, you will need to purchase a license to use the apps.
All prices include the statutory VAT in Switzerland. Outside of Switzerland, VAT is added to the displayed price.
The shipping costs are offset in the purchase price. For deliveries outside of Switzerland, the costs due to customs and import regulations are also included in the purchase price.
Delivery and material warranty
The acquisition of the license includes the delivery of the medical didgeridoo. The purchase is complete when you click on the "order for a fee" or similar field and payment has been made using a means of payment offered on the website.
The medical didgeridoo will be delivered by post or courier to the delivery address specified by the user when ordering. The place of delivery must be in Switzerland, the European Union or the European Economic Area.
In the event of defects, you have the right to request a replacement for the medical didgeridoo that is free of defects. As far as legally permissible, claims for rework, reduction or rescission are excluded. In addition, the statutory warranty provisions apply.
Right of return and withdrawal
If you are not satisfied with our services, you can cancel your license without giving a reason and return the medical didgeridoo at your own expense within 30 days of the order date. We will refund your payment, including delivery costs, upon receipt of the medical didgeridoo. For this repayment, we will use the same means of payment that you used for the original transaction.
*** Right of withdrawal ***
If you have your habitual abode or place of residence in a member state of the European Union and are a consumer within the meaning of the applicable law, you will receive a statutory right of withdrawal in addition to the voluntary right of withdrawal granted to you according to these General Terms and Conditions. The cancellation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the medical didgeridoo.
To exercise the right of cancellation, please send us a clear message (e.g. a letter sent by post, fax or e-mail) of your wish to cancel the contract to the following address: Asate AG, Buechstrasse 2.8645 Jona, Switzerland, contact@asate.com. If you make use of this option, we will immediately send you (e.g. by email) confirmation of receipt of your revocation. To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired.
If you revoke this contract, we have to reimburse you for all payments we have received from you, including delivery costs, immediately and at the latest within fourteen days of receiving notification of your revocation. For this repayment, we will use the same means of payment that you used for the original transaction. We reserve the right to refuse the refund until we have received the medical didgeridoo back or until you have provided evidence that you have returned the medical didgeridoo, whichever is earlier. You bear the regular direct costs for the return of the medical didgeridoo.
You only have to pay for any loss in value of the medical didgeridoo if this loss in value is due to your handling of the medical didgeridoo that is not necessary to check the condition, properties and functionality of the medical didgeridoo.
*** End of revocation ***
Use restriction
You may only use the services offered on the apps and the website in an appropriate manner. In particular, our offers are only intended for your private use and not for commercial use. You must not misuse our offers in a way that could cause damage to Asate or a third party. In particular, you must not:
use the apps, website or other available information for illegal purposes or to promote illegal activities;
Pass on data about the health, well-being or similar information of third parties without their express consent and permission;
reproduce, copy, modify, sell, trade or resell the Apps or the content on the Website, unless this is permitted by mandatory law;
use harmful content that damages or disrupts the computer resp. the property of Asate or third parties.
You are solely responsible for all activities on your user account and for all content that is uploaded and/or created on your account.
termination
You can cancel/terminate your user account at any time. Please note, however, that uninstalling the apps or closing your user account does not automatically terminate your subscription - you must actively cancel the subscription. Please also note that if you terminate your user account, we can delete all the content you have provided and you will no longer have access to your account.
Asate reserves the right to investigate any suspicion of abuse or a material breach of contract, to take appropriate precautions and to block the user's access if there is justified suspicion.
Availability of our offers
You are responsible for providing and setting up the technical systems required for using the apps and the website.
Asate makes every effort to ensure that the functionality of the apps and the website is permanently guaranteed. However, even with all due care, downtime cannot be ruled out.
Limitations of Liability
Asate is not liable for damage resulting from non-compliance with the instructions for use for training with the medical didgeridoo, from unsuitable or improper storage or use of the same, from natural wear and tear or from incorrect or negligent treatment by the customer.
You use the services provided by the apps and the website at your own risk. Asate does not guarantee that the services of the apps or the website and their availability will be uninterrupted or error-free. Asate assumes no responsibility for errors or omissions in the content or software provided.
Asate is not responsible for damage caused in connection with:
Failures of the Internet or communication facilities;
Interruptions due to website failures, repairs, updates, maintenance or other reasons;
Errors in data transmission outside Asate's sphere of influence;
unauthorized access by third parties to data, provided or to the extent that the security measures taken by Asate are appropriate; or
Damage or impairment of the functionality of your computer or your mobile device through the use of the offered services or apps.
The website may contain links to websites operated by third parties. Asate assumes no responsibility or liability for the availability or correctness of the information or functions of third party websites.
Intellectual property
With the registration you receive a personal, non-transferable and non-exclusive right to use the services of the apps and the website exclusively for the purposes stated in these terms and conditions.
All copyrights, database rights, patents and all other intellectual property rights, claims and interests in the apps, the website and the medical didgeridoo as well as all information (with the exception of the data entered by users) are and remain the exclusive property of Asate and its licensors. You have no right to commercial use the Asate name or the trademarks, logos, domain names and other distinctive features of the Asate brand.
Information from the apps or the website may only be used for personal use and/or for internal business purposes. Under no circumstances are you authorized to use the content of the apps or the website for commercial purposes.
By submitting data or other content, you assure and guarantee that you own the copyright, trademark law and/or other intellectual property rights to such content. You grant Asate a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use this data and content, insofar as this is necessary for Asate to provide and maintain the services offered. This license remains valid until the end of your subscription in accordance with these terms and conditions.
Severability clause
Should a provision of these terms and conditions be ineffective in whole or in part, this does not affect the validity of the remaining provisions. Instead of the ineffective or missing provisions, the respective applicable legal regulations apply.
Applicable Law and Jurisdiction
The present General Terms and Conditions are subject to Swiss substantive law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods ("Vienna Sales Law"). The exclusive place of jurisdiction for claims arising from or in connection with these terms and conditions or the use of the apps or the website is St. Gallen, Switzerland. Asate is also entitled to prosecute you at his habitual residence or place of residence.
The above choice of law does not apply if and insofar as you are (i) a consumer within the meaning of Swiss law or a consumer within the meaning of another legal system and (ii) you are required to apply another law and/or the jurisdiction of a can appeal to another court.
In the event of disputes with consumers, e.g. if you are not satisfied with the way in which we handle your complaints, the European Commission offers an online platform for resolving disputes, which you can access at the following link: http://ec.europa.eu/consumers/odr/. We inform you that we are neither willing nor obliged to participate in a dispute settlement procedure before a consumer dispute settlement authority.