Last updated: 09/09/2019
General Terms of Agreement and Conditions (GTC)
1. SnoreFree training and effectiveness
Snore Free GmbH, Mittersteig 9/5, 1040 Vienna, Austria, (hereinafter referred to as „SnoreFree“) operates under the name „SnoreFree“ mobile applications and websites („SnoreFree“ products).
The information and exercises provided by SnoreFree are not meant to substitute professional medical advice, care or treatment. SnoreFree is an exercise program to improve the muscular soft-tissue structure in the back of the throat, whose weakening is often responsible for sleep-related airway constriction such as snoring. With expertly performed exercising these structures can be strengthened and tightened so that the airway during sleep remains open and the snoring is reduced or minimized.
SnoreFree is not an official standard treatment in sleep medicine, since an insufficient number of studies are available worldwide as of yet. Empirical observations have shown a positive effect of oral exercising and the night-time airway situation.
SnoreFree does not provide medical diagnoses and does not substitute a visit to the doctor or other medically necessary forms of treatment on the subject. For a complete organic diagnostic confirmation, a medical examination is always required. The user assumes full responsibility for further medical steps.
SnoreFree can bring about its desired effect only by proper application of the exercise program with complete and exact adherence to the framework conditions prescribed and shown in the app and the videos.
2.1. SnoreFree offers its products to the user based on these General Terms and Conditions („GTC“). The user agrees that only our GTCs shall apply in case our products are used. It is understood that in case of doubts concerning the use of General Terms and Conditions by the user, it must be assumed that our GTCs shall apply, even if the Terms and Conditions of the contractual partner remain uncontested.
2.2. These General Terms and Conditions apply to all products from SnoreFree.
2.3. The GTCs in the version available on the homepage of SnoreFree at the time of use of services shall apply. If the GTCs change and the user does not agree with the changed General Terms and Conditions, the user cannot continue to use the Snore Free products.
3. Contents of the contract
3.1. The object of the agreement is the free and/or paid use of SnoreFree (item 1) via website, apps (IOS and Android).
3.2. The user hereby acknowledges and agrees that possible costs from the Internet or mobile provider for the transmission of data from smartphones and devices to the SnoreFree platform, shall be borne by the user.
4.1. All SnoreFree products require registration for their use. To use the free products a one-time free registration is required. In this case, the user is granted only limited access to certain features and content of SnoreFree.
4.2. 1. In the case of paid use of SnoreFree products the user is granted unlimited access to all features and content of SnoreFree.
4.2.2. In the event of a monthly subscription this access is granted for a period of 30 days.
4.2.3. In the event of an annual subscription this access is granted for a period of 365 days from the day of registration. Monthly and annual subscriptions are subject to charge.
4.2.4. Furthermore, SnoreFree can offer its products in connection with special offers to which additional conditions or limitations may apply. These conditions of these promotions and special offers are not applicable to existing legal relationships.
4.3. The registration can be done
4.3.1. by means of the registration form on the homepage of SnoreFree
4.3.2. by means of the SnoreFree app
4.3.3. by means of acquisition of the registration data of the user by SnoreFree from the social networks of Facebook or Google. This registration also requires the consent of the user that the selected data already confirmed on these social networks may be adopted in the SnoreFree network.
4.4. Registration must be complete and correct. The use of fantasy names or pseudonyms is not permitted.
4.5. The user is obliged to protect his registration data against unauthorized access by third parties, misuse or fraudulent uses, insofar as this is within his sphere of influence. The user must immediately report any suspicious or unauthorized misuse of his account to SnoreFree (via e-mail).
4.6. SnoreFree is entitled to block the account of any registered user in the event of an improper or fraudulent use of the account.
4.7. When choosing a monthly or annual subscription, the user shall confirm that he has reached the age of 16 and that in his legal capacity of natural persons he is entitled to conclude contracts. If a minor is not allowed to enter into a contract without the consent of the legal guardian, for the effectiveness of the contract it is necessary to submit the written consent of the guardian to the contact address of Snore Free.
4.8. With the registration, the user acknowledges the effectiveness of the General Terms and Conditions for his contractual relationship. He confirms the correctness and completeness of all the data and information provided by him.
4.9. SnoreFree reserves the right to reject the conclusion of a contract between users without giving reasons. The transmitted data will be deleted immediately, if necessary. In the event that the registration data is inaccurate, outdated or incomplete, Snore Free reserves the right to terminate and delete the corresponding user account with immediate effect and without notice and to prohibit future use without SnoreFree obligation to reimburse the user for the costs already paid.
5. Payment terms
5.1. Monthly and annual subscriptions:
5.2. SnoreFree cannot refund any amounts which the user has paid to SnoreFree through app stores. The terms, periods of notice and refund policies of the respective App Store shall apply.
5.3. To be able to make use of the monthly or annual subscription, the user must properly register and pay the stated price via App Store or Google Play.
5.4. The different subscription periods and their respective prices are available at the respective App Store. These prices for subscription periods are subject to change by SnoreFree at any time.
5.5. The user pays the price for the selected subscription period in advance. Once the payment is confirmed by the App Store, the period of validity of the selected subscription is recorded in the profile of the user.
6. Termination and automatic renewal
6.1. The user’s contract will automatically be extended unless it is terminated by the user 24 hours before the user-selected subscription period has reached its end. The automatically extended subscription period equals the last subscription period booked.
Due to your purchase of a SnoreFree subscription you have concluded a contract with Apple AppStore or Google Play Store. Therefore also the termination of the automatically extention of this contract and the termination of a paid subsciption is only possible within your personal App Store (Apple AppStore and Google Play Store). All termination processes underlay the specific App Store Terms & Conditions.
Subsciptions undertaken within the Apple AppStore or Google PlayStore have to be terminated within the Apple AppStore or Google PlayStore. Due to technical restrictions of these stores SnoreFree can not execute any termination of contracts or reversals.
Detailed instructions on deactivating automatic extentions or terminations of subscription of SnoreFree subscriptions can be found in the MORE section within the App (Questions & Answers) as well on our website www.snorefree.com/qa
In the case of a renewal, the specified means of payment is the same as originally agreed, and the fee for the extension period corresponds to the current standard price, which corresponds to the accounting period at the time of the conclusion of contract. The standard price for the subscription is available in the app stores.
6.2. The paid subscription can be terminated at anytime. Unless otherwise agreed, already paid fees for the subscription period will not be refunded. Paid subscriptions that are purchased through the Apple App Store or the Google Play Store, can only be terminated by the user in the respective App Store to their applicable conditions.
SnoreFree sends newsletters to registered users. With the acceptance of these General Terms and Conditions, the user authorizes SnoreFree to send newsletters. The user has the option to unsubscribe from this newsletter each time he receives the newsletter.
8. WARRANTY and LIABILITY
8.1. SnoreFree does not warrant that SnoreFree is available completely and free from errors at all times. Unless interruptions of the availability, which snorefree is responsible for, last no longer than 36 hours, no claims for cancellation or reduction in price can be derived.
8.2. SnoreFree does not warrant that following the training instructions will improve the sleep or snoring situation of the user.
8.3. SnoreFree may be held liable towards consumers within the scope of the mandatory statutory regulations resulting from the title of warranty and damages. In the event of claims for damages, however, SnoreFree is only liable for damages due to intent or gross negligence by SnoreFree. In the case of minor negligence snorefree shall not be liable to companies, and to consumers only for injury to life, body or health. Liability to companies for consequential damages, mere financial damages, lost profits, and damages resulting from claims by third parties is excluded. Warranty claims to companies are excluded.
10. Cancellation policy
10.1. When consumers acquire digital content from the app stores, such as Apple App Store or Google Play, they have a statutory right of cancellation of such contracts. This right of cancellation shall be exercised in writing to SnoreFree within 14 days from the conclusion of the contract without stating reasons.
10.2. With subscriptions under this contract, legal claims to digitally provided services are acquired. With the conclusion of this contract, the consumer declares his explicit wish for SnoreFree to begin with the fulfillment of the contract before the expiry of the statutory cancellation period pursuant to 10.1. The user thus refrains from the right of cancellation.
10.3 Applicable law and place of jurisdiction
10.3.1 These GTCs and all legal relationships are governed by Austrian law under exclusion of the referral norms and the UN Convention on the International Sale of Goods.
10.3.2 Place of fulfillment and sole place of jurisdiction for all disputes arising from this contract – unless an agreement on jurisdiction does not violate mandatory law – shall be Vienna, Austria.