US Terms of SERVICE
Effective as of: 18/2/2020
The following Terms OF SERVICE APPLY TO USERS LOCATED in the United States of America or any territory thereof.
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING general terms and conditions.
The website operated under the name “Cara Care” (the “Website”), all other products and services, including the Cara Care mobile app (the “Cara Care App”), and all content offered as part thereof, are collectively referred to herein as the “Services” and are offered to you by HiDoc Technologies GmbH, a Berlin (Germany) based company with limited liability (“HiDoc”, “Company”, “we”, “us”, “our”). Subscribers, account holders, customers, users, and others who download, access, use, purchase and/or subscribe to the Services (“you”) agree to these terms and conditions (the “Terms of Service”). These Terms of Service govern your use of the Services and are a condition to your use of the Services.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL THE TERMS, CONDITIONS, CONSENTS AND DISCLOSURES SET FORTH IN THE TERMS OF SERVICEAND THE APPLICABLE GUIDELINES SET FORTH ON THE WEBSITES FOR ANY MOBILE APPS YOU DOWNLOAD. IF YOU DO NOT AGREE TO THE TERMS OF SERVICEAND THE APPLICABLE GUIDELINES, THEN CEASE USING THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY.
BY USING THE SERVICES, YOU AGREE THAT YOU ARE OF AT LEAST 18 YEARS OF AGE, OR USING THE SERVICES UNDER A PARENT OR GUARDIAN’S SUPERVISION, AND ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE CONDITIONS WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE CONDITIONS. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE CONDITIONS ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE CONDITIONS FOR THE BENEFIT OF AN INDIVIDUAL UNDER THE AGE OF 18, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD’S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
Please note that we do reserve the right to change any of these Terms of Service at any time, without notice to you. That being said, we encourage you to check back here periodically to ensure that you remain informed on the specifics of these terms of service. By accessing, browsing and/or using the Services after updates to these Terms of Service have been posted, you agree to be bound by the updated Terms of Service.
Your failure to comply with the Terms of Service may result in the suspension or termination of your account and/or access to the Services and may subject you to civil and criminal penalties.
THESE TERMS OF SERVICE REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS, AND INCLUDE A CLASS ACTION WAIVER. THESE TERMS LIMIT THE REMEDIES THAT MAY BE AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
a) With the Services in the form of the operated website, as well as the services, applications and apps, the well-being and satisfaction of the digestion of the users can be improved. The use of Cara Care is primarily intended as an application on mobile devices (Cara Care App), but can also be used in the Internet browser with restricted functions. b) The prerequisite for the use of the HiDoc offer (fee-based usage packages and / or free test offers or other services) is HiDoc's registration of the user. By registering with Cara Care, the user agrees to these Terms of Service. c) Cara Care offers some functions and content free of charge, but extensive functions may be subject to a charge and in this case are identified as so-called premium services. The Cara Care App can initially be received free of charge in the respective app store, i.e. without paying a fee, in order to be able to use the services of Cara Care. Parts of the services of Cara Care can be used without paying an additional fee. Special services within the scope of the Cara Care offer can only be used for a fee. These chargeable services are clearly marked as such in the app (and, if applicable, on the website) (in addition to this under section 7 of these Terms of Service).
2. Scope, Formation of Contract and Change of Terms of Service
a) These Terms of Service apply to all users of Cara Care located in the United States of America or any territory thereof.
b) Deviating and supplementary individual contractual agreements between the customer and HiDocwill only be binding on HiDoc, if such agreements are made in writing and signed by an authorized representative of HiDoc. . c) The contract is formed when HiDoc confirms the user's registration (the “Registration”) or HiDoc accepts the user's order. HiDoc can also confirm the Registration or accept the user's order by activating the respective offer. HiDoc confirms the order of a fee-based usage package according to the legal regulations; this order confirmation is not yet an acceptance of the order. d) Cara Care is aimed exclusively at users who have reached the age of 18. Commercial use or further distribution of the offers is expressly prohibited.
- HiDoc reserves the right, in its sole discretion, to amend the Terms of Service at any time and without prior notice, including to change, modify, add to, update or remove terms and conditions. In the event of a material change, we may notify you by e-mail or another means. By continuing the use of Services after an updated version of the Terms of Service has been posted or you have been notified of an update by other means, you accept to be bound by the amended Terms of Service. If the amended Terms of Service are not acceptable to you, your sole recourse shall be termination of the use of Services.
4. No Medical Advice
Cara CARE does not replace a PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT and the use is at your own risk. If the user suffers from physical or psychological complaints and is not under medical treatment, it is imperative that the user should see a doctor. The medical causes of digestive problems can only be determined by a PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER. Cara Care does not offer any medical services beyond the service description on the website and the description in the application. Using Cara Care cannot replace a traditional doctor's visit. NEVER DELAY IN SEEKING PROFESSIONAL MEDICAL ADVICE OR DISREGARD SUCH ADVICE BECAUSE OF THE INFORMATION ON CARACARE APP OR WEBSITE! In particular, from the age of 50 and with special risks and warning signals, regular early detection offers should be used. If the state of health deteriorates, use of the app should be stopped and medical help sought. Digestive problems can have different causes. HiDoc does not provide a comprehensive explanation of the cause of digestive problems, but only support for possible elimination.
5. Scope of Services
a) Cara Care App is a self-management app to improve well-being at the levels of nutrition and lifestyle. In this context, self-management means that the services provided by Cara Care are based on the information that the customer provides independently in the app and continuously updates. Insofar as this information is not made available, comprehensive advice regarding digestive problems cannot be given. b) Individual Services may depend on payment of a fee. The user guarantees that all data transmitted during their Registration is therefore true and complete. c) HiDoc provides an overview of the available paid services, their scope, terms and fees in the Cara Care App and on the website at [Link]. The fee payable for the use of a fee-based service can be found in the respective offer presentation, which also includes the scope of services and any restrictions. Payment of the fee only entitles you to access the services that are shown or available in the offer presentation. d) HiDoc is not obliged to back up data for the user and does not accept any contractual assurances, guarantees or warranties that go beyond the statutory provisions, unless otherwise agreed in individual cases.
6. Restrictions on use of Services
7. Your Account
a) In order to use certain features of the Services, you may have to register and create an account with Cara Care (“Cara Care Account”). You are responsible for maintaining the confidentiality of any passwords associated with your Cara Care Account, you agree to monitor all activity under your Cara Care Account and you assume full responsibility for all activities that occur under your Cara Care Account(except as to security breaches caused by the Company). The Company reserves the right to suspend or terminate your Cara Care Account at any time and shall incur no liability for such suspension or termination. b) Cara Care offers pro subscriptions that grant you access to additional features like content articles and audio-sessions (“Cara Care Pro Account”). If you choose to become a Cara Care Pro Account member, you must designate and provide information about your preferred payment method (e.g., credit card, online payment service or any other payment method made available by us). You will immediately be charged for your pro subscription fees after your Cara Care Pro Account status has been activated; provided that no charges will be made or incurred during any applicable free trial period (as described in this document). You agree to pay all subscription fees and other charges incurred in connection with your account for your Cara Care Pro Account.
8. Services subject to a Fee (“Premium Services”) and Trial Period
a) HiDoc in particular offers chargeable services for Cara Care. Depending on the offer, these services can be subscribed to, i.e. regular subscription to the services for a specifically agreed fee (“Premium Services”). The type of invoice, prices, duration and notice periods are stated in the offer and are fully summarized before the order is completed. Unless otherwise agreed, the prices, duration and notice periods given in these conditions apply. The contract for the purchase of the Premium Services is valid when you click on the “Buy Now” button. b) If the Premium Services are ordered via platform operators (e.g. Apple or Google), the contract becomes valid by selecting a button marked otherwise and a separate contract is concluded with these third-party service providers. The applicable terms and conditions of Apple (App Store) and Google (Google Play) apply in particular. In this case, the right of termination must be exercised against these service providers (see section 15(c)). c) The fees are payable for the entire term of the contract. Only the payment systems visible in the context of the offer are accepted. Insofar as the respective service provider includes its own general terms and conditions of business, these apply exclusively to payment processing. If necessary, the user must have a user account with the service provider. All prices include German Value Added Taxes. d) Depending on the app store used to process the payment, Premium Services may expire after the agreed term without the need for termination. However, the respective contract term can also be extended by a corresponding period of time or indefinitely if the Premium Services are not terminated within the respective notice period. Details can be found in the respective offer presentation, these Terms of Service under section 16 or the terms and conditions of the app store. e) If fees cannot be collected, the user bears all costs incurred as far as they are responsible for the event causing the costs. If the user does not pay the fees or the payments made are charged back, HiDoc is entitled to block access to individual or all Services. f) HiDoc can offer users paid services free of charge for a certain period of time. It is at HiDoc's sole discretion to determine which user can take part in a test offer. HiDoc can stop the provision of a test offer at any time or change the scope of the trial offer. HiDoc can request that the user provide their payment details at the beginning of the trial offer and make the provision of the trial offer dependent on the provision of this data. HiDoc can charge the user after the end of the trial offer with the fees incurred for the subsequent use of the respective service, subject to a charge, as far as this was expressly agreed in the course of the contract for the use of the trial offer. The user is advised of this in the context of the offer presentation and declares in the context of the conclusion of the contract that the trial offer will be converted into a chargeable product after a certain specific agreed term if no right to terminate is exercised (for more information on the right to terminate, see section 16 (d). g) HiDoc reserves the right to change the Services at any time and in particular to provide certain or all services only for a fee. In this case HiDoc will inform the user and submit an offer for the fee-based use of the services. The user is free to decide whether to continue using it for a fee or to stop using it. h) Premium Service fees must be paid in advance for each month. The invoice is made in digital form; a paper invoice is waived. i) If the user has a voucher code, they have access to the services guaranteed by HiDoc for a limited period free of charge or against payment of a reduced fee according to the voucher conditions. If the voucher can be used to use the HiDoc services free of charge, no invoice will be issued. The duration of the access and any amount of the discount depends on the offer and the conditions of the specific voucher and voucher code.
9. User Submitted Content
a) You are responsible for all Content that you submit, post, or otherwise make available to or through the Services (“User Content”). By doing so, you represent and warrant to the Company that your User Content is not subject to any confidentiality obligation to any third party and that you have all necessary permission to submit, post and otherwise make available such User Content. b) We make no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to the Company and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to: post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed; and with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Service, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available. We reserve the right to remove User Content or edit it in any way.
11. Digital Millennium Copyright Act Notice
a) If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify the Company’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing: An electronic or physical signature of a person authorized to act on behalf of the copyright owner; Identification of the copyrighted work that you claim is being infringed; Identification of the material that is claimed to be infringing and where it is located on the Services; Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and e-mail address; A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner. b) Promptly after receipt of a valid removal notification, we will remove or disable access to the allegedly infringing content. We will also notify the party that posted it of your claim that the material is infringing and will give that party an opportunity to send us a written counter-notification, which may result in us re-posting the content if we believe that it is not infringing. c) Any DMCA requests and any other feedback, comments, requests for technical support or other communications should be directed to customer service through email@example.com .
12. Third Party Sites, Links and Ads
a) Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by the Company of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk. b) The Company does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that the Company will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services. c) If there is a dispute between you and any such third party, you understand and agree that the Company shall be under no obligation to become involved. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANY SUCH THIRD PARTY, YOU HEREBY RELEASE THE COMPANY, ITS OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS IN RIGHTS FROM ALL CLAIMS, DEMANDS AND DAMAGES (DIRECT AND CONSEQUENTIAL) OF EVERY KIND OR NATURE, KNOWN OR UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY RELATED TO SUCH DISPUTES AND/OR THE SERVICES. YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, AND/OR ANY SIMILAR PROVISION OF THE LAW OF ANY OTHER JURISDICTION, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
13. Rights and Obligations of the User
a) A transfer of the personal Cara Care Account to third parties is not permitted. The user may only use Cara Care for their own private or other purposes coordinated with HiDoc. b) The Cara Care App is a copyrighted software program. The user receives a simple, non-exclusive, non-transferable and revocable right to personal use. The user is not entitled to decompile, change or edit the Cara Care App beyond what is legally required. The user is also prohibited from leasing, renting or otherwise transferring the app and / or its content. c) The user is also not permitted
- To use Premium Services simultaneously on several end devices, unless such use is expressly permitted in the context of the respective offer presentation;
- To enable third parties to access or use the Services, e.g. an indefinite group of people using the Services in public areas (such as cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants or other public spaces);
- To make the access data sent or used for authentication and identification available to third parties or to pass it on to third parties;
- To bypass access control systems to Premium Services or take other measures to use Services without authorization;
- To post or disseminate content on Cara Care that is unlawful, misleading, malicious, discriminatory, pornographic, threatening, offensive, obscene, defamatory, ethically offensive, glorifying violence, harassing, unsuitable for minors, racist, racial, xenophobic or otherwise abhorrent or otherwise harmful/reprehensible as well as viruses, worms, Trojans or other malicious malware that could endanger or impair the functionality of the Cara Care App;
- To remove or obscure copyright notices and / or notifications relating to trademarks or other property rights of Cara Care, Cara Care affiliates or third parties;
- To transfer or assign rights or obligations from these conditions to third parties. d) The use of Cara Care may be reserved for people who meet certain requirements (e.g. of legal age). The user is responsible for ensuring that the services are only available to people who meet these requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors against content harmful to young people. e) When using the Cara Care App and its Services, the user must take into account contractual agreements with third parties, in particular with the app store operator or their internet access provider. f) In order to be able to make full use of the Cara Care offer, the user must constantly update their software, e.g. install the latest browser technologies or operating system updates for the respective end devices. It may also be that certain activations are required in order to fully use the service (e.g. activation of Java Script, cookies, pop-ups). If older or not commonly used software is used, the user may only be able to use the services of Cara Care to a limited extent. More detailed requirements can be found on the Cara Care website. g) The user is only entitled to offsetting if their counterclaim against HiDoc has been legally established, is undisputed or has been recognized. The user has a right of retention only if and insofar as their counterclaim is based on the same contractual relationship.
The content that can be called up on our websites and apps is subject to worldwide copyright, unless it is explicitly a work under a Creative Commons license. Duplication, processing, distribution and any kind of utilization require the written consent of HiDoc.
15. Liability; Indemnification
a) The content of our app was created with great care. However, we cannot guarantee that the content is correct, complete and up to date. b) Use of Cara Care for a fee and free of charge is expressly at your own discretion and risk and you hereby release HiDoc and waive any and all claims and causes of action with respect to any damages caused by the use of Services (including Premium Services). c) Before the exercise or the nutrition tips are implemented, advice should be given by the treating family doctor or specialist, especially if physical or mental illnesses are known. The same applies to pregnant or breastfeeding women, and HiDoc advises users that any exercises that are presented as part of the services provided by Cara Care are designed for users who are healthy on average, physically and mentally resilient, and that the user is responsible for any exercises. __d) You acknowledge and agree, that, to the maximum extent permitted by law:
16. Contract Term, Termination and Repayment
a) The contract for Premium Services runs for the agreed term. After the end of the contract, it is automatically extended by the agreed term, but no longer than one year, unless the user or HiDoc terminates the contract within the following period: 14 days before the end of the current term. In addition to the foregoing, the contract can be terminated by both sides at any time during a free test period; in this case, a contract for the user package that may have been ordered in connection with this free test period ends when this termination becomes effective, i.e. there is no chargeable contract term after this free test period. b) Termination must be in written form to be effective. The termination can be made by the customer by email to the email address firstname.lastname@example.org or by HiDoc to the email address provided by the user during Registration. c) For technical and legal reasons, the termination of the contractual relationship for the use of premium Services that were originally concluded via the Apple App Store or the Google Play Store must also be made via the Apple App Store or the Google Play Store. In this case, Apple and Google act as resellers of the services. In this case, the general terms and conditions of the Apple App Store and the Google Play Store apply. According to Google and Apple, the termination must be made no later than 24 hours before the renewal of the subscription. d) The legal right of both contracting parties to terminate under applicable law remains unaffected. If HiDoc offers a free test period for a fee-based usage package and agrees with the user, the agreed contract term of the fee-based usage package is extended in accordance with this agreement; In this case, the extended period runs first (if necessary with a proper special right of termination of the user, if agreed) and then the regular duration of the fee-based usage package. Unless otherwise agreed, the user is free to cancel the test offer 14 days before the end of the test period. Otherwise, the test offer will then be converted into the paid service. The notice periods under section 16 (a) apply. e) In the event of HiDoc's termination of the user contract as well as termination by the user, any reimbursement of any fees paid in advance is excluded, unless the user cancels for an important reason for which HiDoc is responsible.
17. Non-Commercial User of the Service
The Service is for the personal use of individual users only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses are not permitted to, and should not use the Service. Illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Website, App or Service, may be investigated, and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Service is with the permission of the company, which may be revoked at any time, for any reason, in the Companies’ sole discretion.
18. Dispute resolution
19. Applicable law and Venue
a) These Conditions and the resolution of any dispute related to these Conditions will be governed and interpreted by and under the laws of the State of New York, without giving effect to any conflicts of laws principles that require the application of the law of a different state. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any dispute relating in any way to the Services or these Conditions will be adjudicated in any state or federal court in the state of New York. b) Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, the enforceability of Section 18 entitled “Dispute Resolution” shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
a) The Company is not responsible for any incorrect or inaccurate Content posted on the Service. The Company is not responsible for the conduct, whether online or offline, of any User. The Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any communication. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to Users’ or to any other person's computer related to or resulting from participating or downloading materials in connection with the Service. Under no circumstances will the Company or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Service, any Content posted on the Service or transmitted to Users, or any interactions between Users of the Service, whether online or offline. THE SERVICE IS PROVIDED "AS-IS" AND THE COMPANY EXPRESSLY DISCLAIM ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. The Company cannot guarantee and do not promise any specific results from use of the Service. b) In addition to the preceding paragraph and other provisions of these Conditions, any general advice that may be posted on the Website, the App or the Service is for informational purposes only and is not intended to replace or substitute for any medical or other advice. c) The Company makes no representation that the Service is appropriate, or is available for use outside the U.S. Access to and use of the Service where the access or use of the Service is illegal is prohibited. Those who choose to access and use the Service from outside the U.S. do so on their own initiative, at their own risk, and are responsible for compliance with applicable laws.
21. Limitation on Liability
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY (OR THEIR EMPLOYEES, OFFICERS, DIRECTORS OR AGENTS) BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE RELATING TO LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, BODILY INJURY OR DEATH, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICE OR SOFTWARE, WHETHER BASED ON CONTRACT, WARRANTY, PRODUCT LIABILITY, TORT OR OTHER LEGAL THEORY AND EVEN IF THE COMPANY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY’S LIABILITY TO YOU ARISING FROM THESE TERMS, OR THE USE OF OR INABILITY TO USE THE WEBSITE, APP, SERVICE OR SOFTWARE, WILL AT ALL TIMES BE LIMITED TO THE GREATER OF USD $100.00 OR THE AMOUNTS PAID BY YOU OR YOUR EMPLOYER TO THE COMPANY FOR ACCESS TO AND USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. The above limitations of liability apply accordingly to all bodies, employees and vicarious agents of HiDoc. They do not change the legal burden of proof.
22. U.S. Export Controls
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Software nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the Service, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
a) HiDoc endeavors to enable trouble-free operation of the app and to keep it available for as long as possible, but points out that complete or total availability is not technically feasible and therefore does not guarantee trouble-free operation or a certain availability. HiDoc can, in particular, restrict access without giving any reason - in whole or in part, temporarily or permanently. In addition, there is no entitlement to maintaining individual functionalities of the app itself. HiDoc is entitled at any time to change or remove content, services and functionalities provided within the app and to make new content, services and functionalities available or to discontinue the app altogether; this also includes the introduction of a cost obligation for all or certain services or their partial or complete discontinuation. b) HiDoc is entitled to change provisions of these conditions, which do not lead to a significant reorganization of the contractual structure, at any time and without giving reasons, provided that this change does not lead to a reorganization of the contractual structure as a whole. The essential provisions of the contractual structure include, in particular, regulations that relate to the type and scope of the contractually agreed services, the term and the termination of the contract. There are no verbal or written side agreements. c) HiDoc is entitled to transfer the rights and obligations arising from a contract to a third party. HiDoc will inform the user in writing about the transfer; the user has an extraordinary right of termination. The termination must be received by HiDoc in writing within 14 days of receipt of the transfer notification by the user. d) Should individual provisions of these terms and conditions be ineffective or unenforceable or become ineffective or unenforceable, the remaining provisions remain unaffected. The ineffective or unenforceable provision shall be replaced by the effective and enforceable provision, the effects of which come closest to the economic objective that the contracting parties have pursued with the ineffective or unenforceable provision. The above provisions apply accordingly in the event that the provisions prove to be incomplete.