General terms and conditions and right of withdrawal

This is a translation provided for convenience. Only the German version is legally binding; in the event of any discrepancy, the German version prevails. Deutsche Fassung

General Terms and Conditions

§ 1 Scope and contracting party

(1) These terms apply to the use of the app “UroLotse” of the author Dr. Felizian Lackner, 6020 Innsbruck, Austria.

(2) The app is distributed exclusively via the App Store of Apple Inc. or of Apple Distribution International Ltd. The purchase and processing of the subscription are governed by Apple’s terms.

§ 2 Subject matter of the contract

(1) The subject matter is time-limited access to the content and functions of the app: the decision aids, the background articles, the calculation aids and the practice section.

(2) The content is revised continuously. There is no entitlement to a particular scope, to the continued existence of individual content or to the inclusion of particular topics.

(3) The app is a reference work for medical professionals. It replaces neither medical judgement nor checking of the original sources; the details are governed by Articles 2 to 6 of the Legal notices, which are agreed to when the app is first opened.

§ 3 Conclusion of the contract

(1) The contract is concluded when the user takes out the subscription on the purchase screen of the app and the purchase is confirmed by Apple.

(2) Before conclusion, the purchase screen shows: the price, the billing period, any trial period, the automatic renewal and how to cancel.

(3) This information is obtained from Apple at the time it is displayed and is not fixed in the app. What is shown on the purchase screen and in the App Store is always authoritative.

§ 4 Scope of services, requirements and availability

(1) Use requires:

• an iPhone or iPad with a supported version of iOS or iPadOS;
• signing in with “Sign in with Apple”;
• an active subscription.

(2) At every cold start of the app, sign-in and subscription are checked; this requires a connection to the internet. If there is no connection at start-up, the app remains locked until a check succeeds. Once the app is open, search, articles, calculation aids and the practice section continue to work without a connection.

(3) No particular availability is promised. Interruptions due to maintenance, technical faults or circumstances within Apple’s sphere of responsibility are possible.

(4) The provider may discontinue operation of the app. In this case, periods already paid for but not yet used will be refunded pro rata in accordance with the App Store refund rules.

§ 5 Price, term, renewal and cancellation

(1) The price and the billing period are shown on the purchase screen and in the App Store. Billing is via the user’s Apple ID.

(2) If a trial period is offered, no costs are incurred if the subscription is cancelled during that period.

(3) The subscription renews automatically for the respective period unless it is cancelled at least 24 hours before the end of that period.

(4) Cancellation is made in the device’s Settings under one’s own name → Subscriptions. Cancellation is made in accordance with the applicable requirements of Apple Inc. A cancellation addressed to the provider is not required for this, nor is it sufficient.

(5) Price changes are governed by the provisions of the App Store. A change does not affect a period already paid for.

§ 6 User group

(1) Use requires that the user is a healthcare professional. By confirming the notice when first opening the app, the user declares that they meet this requirement.

(2) The app is not intended for patients or medical laypersons.

§ 7 Rights of use

Article 7 of the Legal notices (“Copyright and rights of use”) applies. Under it, the user receives a non-exclusive, non-transferable right to personal, professional use; any further exploitation requires prior written consent.

The right of use ends with the subscription.

§ 8 Liability

Article 6 of the Legal notices applies. Under it, the provider is liable only for intent and gross negligence; mandatory statutory liability, in particular for injury to life, body and health and under the Product Liability Act, remains unaffected.

In addition, Article 5 of the Legal notices applies: every diagnostic and therapeutic decision, including the selection, dosage and use of medicinal products, lies solely with the treating doctor.

§ 9 Changes to these terms

(1) The provider may change these terms if this is prompted by a change in the legal situation, in the technical circumstances or in the scope of services.

(2) Changes will be announced in the app.

§ 10 Data protection

The privacy policy applies, which is available in the app and at the address given there.

§ 11 Applicable law and place of jurisdiction

Article 10 of the Legal notices applies: Austrian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the state of residence remain unaffected (Art. 6 Rome I Regulation); to the extent permitted, the place of jurisdiction is the District Court of Innsbruck (Bezirksgericht Innsbruck).

The severability clause of Article 11 of the Legal notices applies accordingly.

Right of withdrawal

Withdrawal and refunds are handled in accordance with the applicable terms of Apple Inc.