Terms and conditions


I. Scope
The following general terms of use govern the contractual relationship between nyra health GmbH, Kettenbrückengasse 23/1/12, 1050 Vienna, Austria (hereinafter referred to as “nyra health GmbH”), and the user of the app “myReha” (hereinafter referred to as “user”).
nyra health GmbH offers mobile apps to support rehabilitation, with which patients can work independently on acquired neurological symptoms.
These general terms of use apply to all users of the app, regardless of whether they are consumers or entrepreneurs, and regardless of their place of residence or habitual residence in Germany, Austria or Switzerland.
For reasons of better readability, the simultaneous use of male and female forms of language is dispensed with; all personal terms apply equally to all genders.
II. Paid usage version
nyra health GmbH offers a paid version of the “MyReha” app via the Apple App Store and Google Play Store for use on your own device. This is a subscription model that is billed in advance.
nyra health GmbH reserves the right to also offer its services on other platforms for a fee.
III. Registration
In order to use the “MyReha” app, the user must first register with their name, email address and a password freely chosen by them. Registration is free of charge; costs are only incurred when booking paid subscriptions.
When registering, the user must be of legal age and have full legal capacity. Underage users or users who do not have full legal capacity can only be registered by their legal representative.
nyra health GmbH reserves the right to change or discontinue free services at any time.
IV. Conclusion of contract for paid services
Users can download the “MyReha” app to their own device via the Apple App Store or the Google Play Store.
The contract is concluded when the user confirms the subscription after registration or later clicks on the “Buy now” field (or a comparable field) as part of an in-app purchase and, if necessary, enters his password for the respective app store.
nyra health GmbH provides the user with the contract text and the terms of use upon conclusion of the contract. In his user account, the user can view the paid subscriptions he has booked and their duration at any time.
V. Prices and contract period
Users can book subscriptions to use the “MyReha” app lasting one month, three months or six months via the Apple App Store or Google Play Store.
The initial term is automatically extended by the originally selected period unless the user cancels the subscription in good time. The user can cancel the subscription at any time up to 24 hours before the end of the current period.
The right of both contracting parties to terminate the contract without notice for good cause remains unaffected.
The prices for the current pricing and subscription models as well as the available services can be found on the website https://www.nyra.health/ be removed.
All prices mentioned include the applicable statutory sales tax.
VI. Payment terms
If the user purchases services for a fee via installation or via in-app purchases, billing is made by the provider of the respective app store.
Vouchers and activation codes can be redeemed during the ordering process. The invoice amount is reduced accordingly. Vouchers can only be redeemed once in the specified period and are not paid out in cash.
When purchasing a subscription, the fee is charged in advance for the respective minimum period at the time the contract is concluded.
If the subscription is automatically renewed, the fee will be charged in advance at the beginning of the respective renewal period.
If there is a delay in payment, nyra health GmbH expressly reserves the right to assert further claims.
VII. Rights of use
The “myReha” app and its content, including graphic and acoustic elements, are protected by copyright.
For the duration of the contractual period, the user receives a simple, non-transferable right of use of the content within the app for personal use.
The license for the “MyReha” app can be used on several of the user's devices, as long as it is connected to the user's account.
The content of the “MyReha” app may neither be copied, edited nor otherwise reused, unless permitted by law.
The license to use the content or access to the content may not be transferred to or transferred to third parties.
VIII. Liability
nyra health GmbH is not liable for therapeutic success resulting from the use of the app. Use is at the user's own responsibility; nyra health GmbH is not liable for user errors.
The “myReha” app is certified as a class I medical device (Directive 93/42/EEC on medical devices) across the EU. However, the app neither replaces a medical examination nor does it represent a medical or medical consultation service. Users are required to always contact the appropriate doctors or therapists with medical questions.
Limitation of liability:
- nyra health GmbH is fully liable for damage resulting from injury to life, limb or health, provided that they are based on an intentional or grossly negligent breach of duty or that of its legal representative or vicarious agent.
- nyra health GmbH is only liable for other damages in the event of intent and gross negligence. In the event of simple negligence, nyra health GmbH is only liable for breaches of essential contractual obligations (cardinal obligations) and limited to foreseeable damage typical of the contract.
- Product Liability Act: Liability under the applicable Product Liability Act remains unaffected.
For users who are entrepreneurs, the following also applies:
- The liability of nyra health GmbH is in any case limited to foreseeable damage typical of the contract.
- Compensation for indirect, subsequent or lost profit is excluded.
IX. Warranty
If the user is a consumer, the legal warranty rights of the country in which the user has his habitual residence apply.
If the user is an entrepreneur, the following applies:
- The warranty period is twelve months from the conclusion of the contract.
- Obvious defects must be reported in writing immediately, but at the latest within two weeks of becoming aware of them. Otherwise, warranty claims are excluded.
- In the event of defects, nyra health GmbH has the discretion to repair or replace them. If the repair fails, the user can demand a reduction or withdraw from the contract.
X. Amendment to the terms of use
nyra health GmbH reserves the right to change these terms of use, provided that this is reasonable for the user.
nyra health GmbH will inform the user of changes in text form no later than four weeks before they come into force. If the user does not object to the changes within four weeks of receipt of the change notification, the changes are considered accepted. nyra health GmbH will draw the user's attention to the right of objection and the consequences of silence in the notification of amendment.
If the user objects to the changes in due time, both parties may terminate the contract extraordinarily.
XI. Applicable Law, Place of Fulfilment, Jurisdiction
The law of the Republic of Austria applies, excluding the UN Sales Convention (CISG). Mandatory consumer protection regulations of the country in which the consumer habitually resides remain unaffected.
Consumers are subject to the legal jurisdiction of their place of residence.
For entrepreneurs, the place of jurisdiction is the registered office of nyra health GmbH.
XII. Final provisions
Should any provision of these General Terms of Use be or become invalid or unenforceable, the effectiveness of the remaining provisions remains unaffected. Instead of the invalid or unenforceable provision, the effective provision that comes closest to the economic purpose of the ineffective provision is considered agreed.
Amendments and additions to these general terms of use must be made in writing. This also applies to the amendment of this text form requirement.