This will be the next to last blog in
the series. After checking the mySugr website a little more
thoroughly and looking at the Facebook page, I know that I will not
join. Then another blogger had this to say and a different approach
to the website. This is how I learned that the site was selling apps
to view the videos that were beyond the free introduction videos.
This was when I stopped doing more searches.
The following is what I learned on
their Terms of Service. I will quote some of this for your
information.
“3. Downloading the Apps
mySugr offers Apps to the client,
namely software that can be downloaded onto his end device. The
conditions for downloading the app will be shown on the screen of the
end device. The App is necessary in order to use mySugr’s services.
The client acquires a non-exclusive right without temporal and
geographical restrictions to save a copy of the App for his own
purposes on his end device. Updates to the App must be expressly
agreed to by the client; such consent may also be provided in
advance. The Apps, in their entirety, are owned by mySugr and
protected by copyright.
4. Contract for services
Upon registration, the client makes
a binding contractual offer which can be accepted by mySugr by
activating its services. During the registration process the client
must make his name and email address known. The activation takes
place via a confirmation email from mySugr, whose instructions are to
be followed by the client. mySugr is authorised to refuse the
client’s offer without having to provide any reasons.
5. Right of withdrawal
Once activation has been initiated
mySugr shall begin executing its services within a maximum of 12
hours. At the time of the activation there is no right of withdrawal
(§ 5e Consumer Protection Act, § 5 f Clause 1 Z 1 Consumer
Protection Act). In accordance with the regulations of § 5 e
Consumer Protection Act the client has the right to withdraw from
contracts within seven working days after receiving the goods / from
the date of the contract in the case of service contracts. Saturdays
do not count as working days. No justification must be provided for
the withdrawal and it must in writing; timely dispatch suffices to
meet the deadline.
6. Services
Continuously using the services
allows the client to gather or get information on his diabetes
disease; the services should help increase the client’s awareness.
Analysis of the data gathered in this way is the responsibility of
the user and his doctor. mySugr expressly indicates to the client
that the App cannot replace a medical consultation. mySugr always
recommends discussing any questions concerning the disease and its
therapy with a doctor. The services are not a recommendation. mySugr
does not draw any conclusions from the data results that the client
has collected and makes no recommendations.
7. Payment
The usage fee or purchase price
shall be calculated by the Online Store. The usage fee or purchase
price is payable with immediate effect.
The price information concerns
monthly usage charges. Monthly usage charges are due, so long as not
otherwise agreed, on the first of every month in advance.
The Online Store shall send the
client a receipt which lists the product, the price and mySugr as
seller. The purchase and payment process shall take place via the
client‘s Online Store account. The Online Store’s GCU, over which
mySugr has no influence, apply.
Suspended access due to
non-payment:: mySugr retains the right to suspend a client’s rights
to the services in instances of non payment or partial payment. The
client’s obligation to pay a usage charge remains unaffected.
8. Duration
Unlimited duration: Unless a limited
contractual period is indicated on the screen, it is agreed that the
provision of services will run indefinitely. A contractual
relationship concluded for an indefinite period can be ended by
either party by giving 14 days notice.
Limited duration: Prior to the end
of a limited contractual period, the client shall be informed of the
possibility of an extension. The contractual period will not be
automatically renewed. There is no valid future legal claim for free
provision of services over a fixed contract period. mySugr reserves
the right to revoke such a free subscription at any time.
Free services: mySugr reserves the
right to limit free of charge services, to cease them or to make them
payable.
9. Availability
mySugr shall perform all services in
accordance with the existing technical, economic, operational and
organisational possibilities. As a result, mySugr provides no
guarantee in connection with any interruptions, disruptions, delays,
cancellations, failed transfers or storage failures related to the
use of services or communication with the client.
3. Right of Withdrawal
1. According to § 5 e of the
Consumer Protection Act, the user has the right to withdraw from a
contract within 7 days, starting from the date upon which the goods
were delivered to the user or, for service contracts, from the date
the contract was concluded. Saturdays are not working days. No reason
must be given for the withdrawal but it must be made in writing;
timely dispatch suffices to meet the deadline. There is no right of
withdrawal when goods are electronically sent as data. In addition,
the right of withdrawal does not apply to the delivery of audio or
video recordings or of software, where the user has unsealed the
delivered data media.
2. In the event that the user
exercises the right of withdrawal, he must return the goods if it is
possible to send them by post. In this instance the user bears the
costs of returning the goods.”
You are welcome to read the entire
terms of service on the website.
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