Our Terms of use

I. Scope

1. The services provided by nyra health GmbH, based at Kettenbrückengasse 23/1/12, 1050 Vienna, (hereinafter referred to as “nyra health GmbH” for short) are provided exclusively in accordance with the following provisions, unless otherwise expressly agreed in writing. All services are provided on the basis of these general terms of use, unless otherwise expressly agreed in writing.
2. nyra health GmbH offers mobile apps to support rehabilitation, with which patients can work independently on acquired neurological symptoms.
3. These general terms of use apply between nyra health GmbH and the user of the app, hereinafter referred to as “user”.
4. These general terms of use apply both to users who are consumers within the meaning of Section 1 (1) Z 2 Consumer Protection Act (KSchG) and to users who are entrepreneurs within the meaning of Section 1 (1) Z 1 KSchG.
5. For reasons of better readability, the simultaneous use of male and female forms of language is dispensed with, and it is expressly stated that all personal names apply equally to all genders.

II. Paid usage version

1. nyra health GmbH offers users a paid version of the product via the Apple AppStore and Google Play Store for use on their own device at home. This is a subscription model that is billed in advance.
2. In addition, nyra health GmbH reserves the right to also offer its services on other platforms for a fee.‍
   

III. Registration

1. In order to be able 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. Charges are only incurred when booking paid subscriptions.
2. When registering, the user must be of legal age and have full legal capacity. Underage users and/or users who do not have full legal capacity can only be registered by their legal representative.
3. nyra health GmbH reserves the right to change and/or discontinue free services at any time.

IV. Conclusion of contract for paid services

1. The user has the option to download the MyReha app on their own device via the Apple App Store or Google Play Store.
2. 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.
3. When the contract is concluded, nyra health GmbH will once again send the user the contract text and the terms of use by e-mail. In his user account, the user can also always view the paid subscriptions he has booked and their duration.

V. Prices and contract period

1. Users can book subscriptions to use the MyReha app for a period of one month, 6 months or 12 months via the Apple AppStore or Google Play Store.
2. The initial term is automatically and continuously extended for a further period of time unless the user cancels the subscription. The automatically extended period can be canceled by the user within a notice period of one month; in this case, only the costs for the one-month subscription will be charged.
3. The right of the two contracting parties to terminate the contract without notice for good cause remains unaffected. This cancellation must be made in writing. The burden of proof that there is good cause lies with the person seeking dismissal.
4. The prices for the current price/and subscription models and the services that can then be used can be found on the website https://www.nyra.health/ be removed.
5. All prices mentioned include the applicable sales tax.
   

VI. Payment terms

1. If the user purchases services for a fee via installation or via in-app purchases, billing is made by the provider of the respective store.
2. Vouchers and activation codes can be redeemed during the ordering process. The invoice amount is then reduced accordingly. Vouchers can only be redeemed once in the specified period and are not paid out in cash.
3. When purchasing a subscription, the fee is charged in advance for the respective minimum period at the time the contract is concluded.
4. If the subscription is automatically renewed, the fee will be charged in advance at the beginning of the respective renewal period.
5. The same applies if the fee is collected via an app store, where the fee is collected 24 hours before the start of the respective billing period.
6. If there is a delay in payment, nyra health GmbH expressly reserves the right to assert further claims.

VII. Right of withdrawal for consumers

1. If this is a consumer and the contract has been concluded by means of distance selling in accordance with the Distance and Outward Transactions Act (FAGG), the user is entitled to the following right of withdrawal within the meaning of § 11 FAGG:
2. The user has the right to cancel the contract within fourteen days without giving reasons. The cancellation period starts from the day the contract is concluded.
3. In order to exercise the right of withdrawal, the user must contact nyra health GmbH either via the e-mail address info@nyra.health or send a letter to nyra health GmbH, Kettenbrückengasse 23/1/12, 1050 Vienna about the decision to cancel the contract.
4. The user can use the attached sample withdrawal form for this purpose, but this is not mandatory.
5. If the user makes use of this option, nyra health GmbH will immediately (e.g. by email) send confirmation of receipt of such a withdrawal.
6. In order to meet the withdrawal period, it is sufficient for the user to send the notification of the exercise of the right of withdrawal before the withdrawal period has expired.
7. If the user withdraws from the contract, nyra health GmbH will repay all payments (including any delivery costs) immediately and at the latest within fourteen days from the day on which nyra health GmbH receives the notification of the withdrawal. For this repayment, nyra health GmbH uses the same means of payment that the user used for the original transaction, unless something else has been expressly agreed with the user.

VIII. Rights of use

1. The myReha app and its content, whether graphic and/or acoustic content, are protected by copyright.
2. The user only receives a right of use limited to the use of the content in the app for the duration of the contractual period.
3. The license for the MyReha app can be used on any number of user devices, as it is connected to the user's account.
4. The content of the myReha app may neither be copied, edited nor reused in any other way.
5. The license to use the content or access to the content may not be transferred to and/or transferred to a third party.

IX. Liability

1. nyra health GmbH is not liable for therapeutic success resulting from the use of the app. Use is at the user's own responsibility, therefore nyra health GmbH is not liable for user errors.
2. The myReha app is certified as a class I medical device (Directive 93/42/EEC on medical devices) across the EU. However, the app does not replace 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 at their own risk.
3. In the case of services provided free of charge, nyra health GmbH is liable, apart from personal injury in the event of property damage, regardless of the legal basis, exclusively for damage due to intent and gross negligence.
4. In the event of intent, nyra health GmbH is generally liable without limitation.
5. In the event of gross negligence, nyra health GmbH's liability is limited to typical, foreseeable damage. In the case of paid services, nyra health GmbH is liable, irrespective of the legal basis, for damage due to intent as part of its limited liability. Any further liability is excluded.
6. If the user is an entrepreneur, the following liability restrictions also apply:
7. The liability of nyra health GmbH expires 6 months after the user becomes aware of the damage and the person causing the damage, but in any case after 3 years after the software has been made available. Compensation by nyra health GmbH for subsequent damages, pure financial losses, lost profit, and damages arising from third-party claims against the user is excluded.

X. Guarantee

1. If the user is a consumer and is used for a fee, then the statutory warranty claims in accordance with the Austrian Civil Code apply. If the consumer's use is free of charge, then the user has no warranty rights.
2. If the user is an entrepreneur and uses the app for a fee in the exercise of his commercial or independent professional activity, then the following provisions apply to the contrary:
3. The warranty period is 6 months from the conclusion of the contract.
4. The existence of defects must be proven by the customer. The applicability of Section 924 ABGB is excluded.  
5. The customer must immediately examine the purchased software within the meaning of § 377 and § 378 UGB and report any defects immediately and specifically in writing.
6. Should there be deficiencies, nyra health GmbH is free to either improve or replace them. Only if the improvement or replacement would be impossible or impossible, can the customer demand a price reduction.
7. If the user is an entrepreneur and uses the app free of charge in the exercise of his commercial or independent professional activity, he is also not entitled to any warranty rights.

XI. Server availability

1. nyra health GmbH guarantees server availability of 98% on an annual average.
2. The periods for maintenance and care work carried out by nyra health GmbH are excluded from this.
3. nyra health GmbH is exempted from the obligation to pay benefits in cases of force majeure.
4. Force majeure includes all unforeseen events as well as events whose effects on the performance of the contract are not attributable to any party. These events include in particular lawful industrial action, including in third-party companies, and official measures.

XII. Product liability

1. Claims under the Product Liability Act (PHG) remain fundamentally unaffected by the above liability exclusions or limitations.
2. Claims for recourse within the meaning of § 12 PHG are excluded, unless the person entitled to recourse would prove that the fault would demonstrably fall within the sphere of nyra health GmbH.

XIII. Amendment to the terms of use

1. nyra health GmbH reserves the right to change the terms of use at any time without giving reasons.
2. nyra health GmbH will notify the user of the changes to the terms of use no later than four weeks before they come into force and submit them to him.
3. If the user does not object to the amended conditions within 2 weeks of receipt of the change notification, then the amended terms of use are considered accepted.
4. If the user objects to the amended terms and conditions in due time, nyra health GmbH is entitled to cancel the contract at the time when the amended terms of use are to come into force or to continue with the previous conditions.

XIV. Applicable Law, Place of Fulfilment, Jurisdiction

1. All business transactions are subject to Austrian law with the exception of the provisions of the UN Sales Convention.
2. The place of fulfilment is the headquarters of nyra health GmbH.
3. The place of jurisdiction is Vienna.

XV. Final provisions

1. Amendments and additions to these General Terms of Use must be made in writing in order to be effective. The written form is also agreed for the waiver of the written requirement.
2. Should a provision of these General Terms of Use be or become ineffective, or should a gap be found in a contract concluded on the basis of these General Terms of Use, this will not invalidate the remaining provisions. Rather, there should be a provision which, within the limits of what is legally possible, comes closest to what the parties concluding the contract wanted or would have wanted in accordance with the spirit and purpose of the contract, provided that they had considered this point.