Note
As of November 15, 2022
The services of the Memo application and its use are exclusively based on the present General Terms and Conditions (GTC). Our app 'Memo' (hereinafter also referred to as our app in short) is available free of charge as a web application as well as a download version for iOS and Android. Our app is certified as a medical device in combination with the 'ANABOX smart', according to MDR Class I.
The term 'user' refers to both the patient using the ANABOX smart and the person or persons operating our app and/or initializing the ANABOX smart.
The functionality of our app may vary depending on the operating system. The functions are described in the respective app store such as iTunes, Google Play, etc. (hereinafter referred to as the 'App Store'). The hardware and firmware requirements for operating the app on end devices are listed in the app store. wirewire GmbH allows the use of our app only upon reaching the age of 18. Furthermore, the use of our app is limited to the countries of Germany and Austria. The application of the app is restricted to the territory of the Federal Republic of Germany.
Updates for apps are provided by wirewire GmbH to the extent required by law in accordance with § 327f BGB. Furthermore, wirewire GmbH reserves the right to provide updates beyond this as it sees fit. In order for the user to load current content onto their device using the apps, wirewire GmbH requires a stable internet connection of the user's mobile device. wirewire GmbH reserves the right to change an app at any time in a manner reasonable to the user, e.g. to further develop and improve it in terms of quality. This applies to both technical and content-related developments.
The correctness, completeness or timeliness of our app or third-party services, as well as information and content provided within our app, are explicitly not part of the performance or contractual scope of our app.
The use of our app and the provision of information by our app do not replace the diagnosis or provision of information by a doctor. An independent medical examination of the provided information by the user is essential.
Users of our app and the ANABOX smart are solely and independently responsible for checking each intake or non-intake. The intake times provided by our app and the ANABOX smart are merely a support. The user is solely and independently responsible for ensuring the correct intake time. In addition, the user must inform themselves about the intake of a medication in the respective instructions for use of the respective pharmaceutical provider and, if in doubt, confirm through consultation with the doctor or pharmacist. The information provided by our app does not constitute advice, diagnosis or recommendation and cannot replace qualified advice from appropriately trained professionals, such as doctors or pharmacists. There is no claim to completeness in the information provided by our app and the ANABOX smart. This applies in particular to the non-display of possible removal, both by our app and by the ANABOX smart. Even in the absence of a warning message, there may be a corresponding risk.
The information provided to the user only serves as an aid and does not relieve the user of independent use of the app or the ANABOX smart at any time.
Our app is provided free of charge. Users can, among other things, create medication plans and manage notifications via smartphone. Use in combination with ANABOX smart is subject to charges and is due in the form of a monthly subscription. When a subscription is taken out, the removal of the medication from the connected ANABOX smart is displayed in real time in our app. The connected ANABOX smart can be further personalized. A separate subscription is required for each ANABOX smart.
Through the app, the user can access current content in the form of a self-renewing in-app subscription ('subscription'). The available durations are displayed in the ordering options. Billing and management of the subscription are carried out exclusively through the user's App Store account. The contract for the (in)app purchase and the subscription is concluded between the user and the respective App Store operator. The subscription automatically renews after the minimum contract period has expired. The automatic renewal can be deactivated up to 24 hours before expiration via the account settings in the App Store. Your subscription can be terminated via the account settings in the App Store. wirewire GmbH reserves the right to adjust the amount of the monthly subscription for the future.
The payment processing for paid apps and in-app purchases takes place directly with the operator of the app store via the user account. A refund of payments made in the app store by wirewire GmnH is excluded. In this respect, the general terms and conditions/terms of use of the app store operators apply. Any right of withdrawal must be exercised exclusively with the store provider. In this respect, the general terms and conditions/terms of use of the store provider apply.
An overview of the use of user data can be found separately structured at the following URL:https://anabox-smart.de/posts/privacy
We shall only be liable for intent or gross negligence subject to the following provisions.
Insofar as essential contractual obligations – i.e. obligations whose fulfillment is of particular importance for the achievement of the purpose of the contract and/or whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the contractual partner may regularly rely – are affected, liability shall also be assumed for slight negligence.
Liability for simple negligence is limited to the foreseeable and contract-typical damage, the occurrence of which each contracting party had to expect at the time of conclusion of the contract based on the circumstances known to it at that time.
The above liability provisions expressly do not affect liability for damages resulting from the violation of life, body or health, any claims under the Product Liability Act, as well as for warranted characteristics or assumed guarantees.
Supplementary agreements, amendments or additions require the effectiveness of the written form. This also applies to the cancellation of the written form. The law of the Federal Republic of Germany shall apply. Place of performance is the registered office of wirewire GmbH. Should individual provisions of these GTC be wholly or partially ineffective or become ineffective, this shall not affect the effectiveness of the remaining provisions. In place of the ineffective or ineffective provision, the provision shall apply which comes closest to the ineffective or ineffective provision. The same applies in the event of a regulatory gap.
If the user relocates his place of residence or habitual abode from the scope of the Federal Republic of Germany after conclusion of the contract, the place of jurisdiction for all disputes arising from this agreement shall be the registered office of wirewire GmbH. The same applies if the user has his place of residence or habitual abode abroad. Deviating or supplementary terms and conditions of the user shall not become part of the contract unless wirewire GmbH has expressly agreed to their validity.