Terms of Use
Muno GmbH ("Muno") is a German limited liability Company which is specialised in skin health. With the Muno app (hereinafter referred to as the "app"), we enable you to examine, monitor and track the condition of your skin. Based on the individual skin profile, the app provides suggestions for improving skin health.
1. Scope and Acceptance of These Terms of Use
1.1. The app is available for free download from the Apple Appstore and Google Playstore. Depending on the operating system (iOS or Android), the scope and functions of the app may differ. If Apple or Google also acts as contractual partner, the respective terms and conditions of the app stores apply in addition to these terms of use.
1.2. When you register within the app, you confirm that you have read and agree to these terms of use by ticking the respective box. If you do not agree to these terms of use, you will not be able to use the app. By registering, you also confirm that you are at least 18 years old, which is a prerequisite for using the app. If you are not yet of legal age, you require the consent of your legal representatives to use the app.
1.3. By registering in the app, a contract is concluded between you and us to which these terms of use apply. These terms of use also apply to the use of the app and the other services offered by us, such as the analysis of skin microbiome samples. We store these terms of use and will make them available to you in your account for retrieval.
2. Changes to These Terms of Use
We reserve the right to adapt these terms of use to changes in the legal framework or if it becomes necessary to maintain the operation of the app. We will notify you in advance of any changes to these terms of use. Such changes, which affect essential functions of the app, will only become effective if you expressly agree to them. In case of changes that are less significant, your consent is deemed to have been given if you do not object within a period specified in the notification of the changes or continue to use the app after the changes enter into effect. In the event of an objection or if you do not consent to significant changes within the specified period, we reserve the right to terminate the contractual relationship with a notice period of four weeks. You will be informed separately of both the planned changes to the terms of use and the consequences of failing to object.
3. Contractual Services
Subject of the contract with you is the provision of digital content to support and improve your skin health for information purposes. The app does not offer dermatological advice in accordance with the provisions of Section 7 (4) of the Model Professional Code for doctors practising in Germany (Musterberufsordnung für die in Deutschland tätigen Ärztinnen und Ärzte) and does not replace conventional medical or dermatological examination, diagnosis and treatment by specialists. If in doubt, always seek medical advice for health complaints.
4. Restrictions of Use
4.1. The app may only be used to the extent permitted. You may not rent, sell, lease, sublicense, distribute, assign, copy (other than a single copy for your own backup purposes), or in any way transfer or grant any rights to the app or use the app for the benefit of any third party. The following actions in particular are not permitted:
• Impairment of the app, in particular through hacking, the uploading of computer viruses or malware or other malicious programmes,
• Impersonating a false identity or entering fraudulent or false information,
• Use of the app for purposes that contravene applicable laws. In particular, it is not permitted to use the app for the publication of content that (i) violates the rights of third parties, in particular personal rights (e.g. uploading images or entering personal data of other persons) (ii) is offensive, racist, sexist, glorifies violence, pornographic or otherwise unlawful,
• Decompiling, disassembling or reverse engineering the app (in particular through reverse engineering),
• Analysing the content of the app (in particular by crawling or scraping),
• Sharing of your login details for the app with third parties,
• Use of the app for commercial purposes.
4.2. You are responsible for ensuring the confidentiality of your login details. We do not assume responsibility for problems in connection with your user account that result from inadequate protection of your access data by you.
5. Granting of Rights of Use to the App
5.1. The contents of the app including all images, texts, videos and user interfaces contained or used in the app that are used to provide the app are the property of Muno and are protected by German and international law, in particular for the protection of copyrights and trademarks.
5.2. We grant you a non-exclusive, non-transferable, non-sublicensable andrevocable right to use the App for personal purposes only and for the term of the contract. The granting of rights is subject to the condition that the app is used in accordance with these terms of use.
5.3. No rights to the app are granted over and above those in these Terms of use.
6. Privacy and Data Protection
6.1. We process your personal data in accordance with our privacy policy (available at [...]). When you log in to the app, you will be asked to confirm that you have taken note of our privacy policy.
6.2. When registering within the app, by ticking a box you grant us the perpetual, geographically unlimited, transferable and sub-licensable right to use your data (including images uploaded by you in the app) in anonymised form for the further development of the app and for research purposes.
7. Design of the App
7.1. We reserve the right to display adverts in the app and to offer you additional services within the app, including services subject to a charge, which may be subject to conditions that differ from these terms of use.
7.2. We provide updates, upgrades and bug fixes to the app to the extent required by law. It is possible that certain features and functionalities of the app may be changed or may no longer be available in the future.
8. Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire after 14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us,
Muno GmbH
Französische Str. 47
10117 Berlin
E-Mail: info@muno.ai
by means of a clear declaration (e.g. a letter sent by post, fax or email) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of withdrawal:
If you withdraw from the contract, the app will become inaccessible to you and you may no longer use the app.
If you withdraw this Contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to revoke this Contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the expiry of the fourteen-day deadline.
The right of withdrawal expires in the case of a contract for the delivery of digital content not stored on a physical data carrier if we have begun executing the contract. For chargeable services, this only applies, if you have expressly consented to our beginning execution of the contract before the expiry of the withdrawal period and you have confirmed that you are aware that you will lose your right of withdrawal upon our beginning execution of the contract.
You can also make use of the following form.
Withdrawal Form
(If you wish to withdraw from the contract, please complete this form and return it to us.)
To
Muno GmbH
Französische Str. 47
10117 Berlin
E-Mail: info@muno.ai
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
Ordered on (*)/received on (*)
Name of consumer(s)
Address of consumer(s)
_______________________________________________________
Signature of consumer(s) (only for paper-based notification)
_____________________________
Date
9. Termination of the Contract
9.1. These terms of use apply from the start of use of the app until the time the contract is terminated by us or by you. You can terminate the contract of use at any time by deleting the app from all your devices. Please note that we may at any time suspend or terminate any license hereunder and disable the app or any of its component features. We will inform you of this in accordance with the time period specified in clause 2.You agree that we shall not be liable to you or any third-party for any termination or disabling of the app.
9.2. We reserve the right to modify, discontinue or suspend your access to the app without prior notice if you fail to comply with these terms of use, thereby cancelling the contract.
10. Limitation of Liability
10.1. The information presented in the app is for general information purposes only. We assume no liability for the completeness and accuracy of the information. We assume no liability whatsoever for hyperlinks to other websites provided in the app.
10.2. We endeavour to make the app available to you without interrupting its usability. Nevertheless, we assume no warranty or liability for the following circumstances:
10.2.1. Availability of the app;
10.2.2. Compatibility of the app with the system you are using (hardware and software);
10.2.3. Freedom of the app from malware;
10.2.4. Fulfilment of certain functions.
10.3. We shall be liable without limitation in the following cases:
10.3.1. In the event of intent or gross negligence;
10.3.2. In the event of injury to life, limb and health;
10.3.3. In cases of mandatory statutory liability (in particular under the Product Liability Act).
10.4. In the event of a slightly negligent breach of elementary contractual obligations, we shall only be liable up to the amount of the foreseeable damage typical for the contract. Elementary contractual obligations are obligations whose fulfilment is essential for the proper performance of the contract and on whose fulfilment you have relied on and could justifiably rely on. In all other respects, liability for slight negligence is excluded except in the cases specified in clause 10.3 .
11. Indemnification
By using the app, you agree to indemnify us against all claims and damages (in particular legal costs) arising from the assertion of claims by third parties due to an intentional or negligent breach of these terms of use by you.
12. Miscellaneous
12.1. Any invalidity of individual provisions of these terms of use shall not affect the validity of the remaining provisions. Ineffective or void provisions shall be replaced by provisions that come closest to the economic intention in terms of content and purpose. The same applies to any loopholes that may become apparent in these terms of use.
12.2. The contract is solely governed by German law. The rules on conflict of laws and the UN Convention on Contracts for the International Sale of Goods is not applicable.