General Terms and Conditions (GTC) of Diametos GmbH
Status: 01 September 2022
1. subject of the regulations
Subject of these GTC is the use of the software applications Snorefox M and Somnofox M
(hereinafter "Software") of Diametos GmbH (hereinafter "Diametos") by the User.
Diametos offers its products and services to the User on the basis of these GTC. The
User agrees that in case of using the Software exclusively these GTC shall apply to the
shall apply. It is agreed that in the event of the use of own GTC by the
user in case of doubt is to be assumed from the GTCs here, even if Diametos has
Conditions of the user does not contradict.
The GTC shall apply in the version valid at the time of the utilization of services on the
Homepage of Diametos (www.diametos.com) are available. If the terms and conditions change and the
If the user does not agree to the amended GTC, he may not use the products and services of Diametos.
do not continue to use.
The user is informed that when using the software on smartphones, tablets or
other end devices, when transferring data to Diametos and when purchasing the usage rights to
of the software via app providers (app stores) their respective usage or general
Terms and conditions may apply.
2. free registration for use with upgrade function
The software can be used only after prior registration of the user (registration). With
By registering, the user declares to be of legal age and to accept the GTC. The GTC come into
Effective as soon as the registration for the software has been completed.
The registration is free of charge. With the free registration the user will receive a
limited access to certain functions and contents of the Software.
During the use of the free functions and content, the user has the possibility to temporally
limited unrestricted access to further functions and contents of the software.
(hereinafter referred to as "Upgrade"). An Upgrade is subject to a fee. The user pays the price for the
respective validity period of the upgrade in advance.
Diametos may offer the Software at discounted prices, subject to additional conditions or
restrictions may apply. Diametos may change the price of an upgrade and the
Set validity period of the upgrade at its discretion and change it at any time. At
existing legal relationships, amendments and discounts do not apply.
3. upgrade costs and return costs
If the user purchases a paid upgrade through app stores, there may be a
Purchase contract between the user and the respective app store. The use, the purchase and the
Cancellation of these services is then subject to the terms and conditions of use of the App-.
Store through which the upgrade was purchased.
Therefore, Diametos cannot use amounts that the user has paid through app stores to
refund. The provisions, notice periods and refund guidelines of the
respective app stores.
If a subscription has been purchased or concluded via the App Store, the cancellation must be
in the respective app store.
4. rights of use
For the use of the software applications Snorefox M and Somnofox M the user receives the
simple, non-exclusive and non-transferable right of use to third parties. An acquisition to the
Content is not associated with it.
In principle, the user may use the software continuously during the license period. From
technical reasons (e.g., due to routine or required maintenance work), the
software may be temporarily restricted or unavailable.
5. connection costs (Internet, data transmission)
Should there be end device costs for the use of the software (e.g. laptop or smartphone) and
Telecommunications charges (e.g., costs for Internet access and data transmission via the
Internet, roaming charges when used abroad) are incurred, these are to be paid by the user.
Required software (e.g. operating system or internet browser) to use the software must be
the user install.
If the software is further developed, the user, if applicable the hardware and
Customize software (e.g. update browser or operating system).
6. user registration required
To access the software, the user needs individual login credentials.
Diametos has the right to refuse to conclude a contract with users without giving any reasons.
The user is obligated to protect his login data from unauthorized access by third parties, improper
use or uses made with fraudulent intent.
In case of misuse of any kind the user has to inform Diametos. Diametos is in case of a
breach of contract to block the affected access. The user is liable for a
abuse for which he is responsible.
In case of breach of contract by the User, Diametos is entitled to terminate the contract without notice.
Claims for damages shall remain unaffected.
In the event of misuse or fraudulent use of the
Software or in the event of a reasonable suspicion of such use, Diametos has the
Right to block the account of the relevant user, delete it and prevent future use of it
7. liability for damages
Diametos is not liable for any damages arising in connection with the use of the software.
The information obtained by the user through the use of the software constitutes a
non-binding information. The software is developed with the greatest possible care and
operated. However, errors cannot be excluded. Diametos does not assume any warranty
with regard to the accuracy and completeness of the analysis results provided.
In particular, incorrect or inaccurate information provided by the user in connection with the use
of the software can lead to incorrect or misleading analysis results.
The software does not make a medical diagnosis. The final diagnosis or exclusion
of a disease is carried out exclusively by the attending physician within the framework of a
Under no circumstances shall the Software and its operators be liable, directly or indirectly, for any loss
and damages incurred by the user as a result of relying on the information that it
received in the course of using the Software.
Diametos assumes no liability if the analysis results of the software are contrary to their
used for self-diagnosis or self-treatment for an explicit purpose.
be made. The same applies if, based on the results of the analysis, a recommended doctor's consultation is not
Furthermore, Diametos is not liable in any way for any direct and indirect,
and no-fault damages that occur as a result of the use or
the impossibility of using the software may arise.
8. copyright of Diametos
The contents of the software are subject to the copyright of Diametos. They are exclusively for
own use of the user and may not be passed on to third parties or used commercially.
be distributed. Any dissemination, modification or reproduction of the contents or parts thereof
of which is not permitted.
Images, graphics and the layout of the software are the property of Diametos and may not be used without prior notice.
reproduced or distributed without written permission.
9. amendments to the terms of the contract
Diametos reserves the right to make changes or additions to the software without prior notice.
and the information provided therein. A liability does not arise from this.
10. german law
German law applies.
The place of jurisdiction for all disputes arising from this contractual relationship is the registered office of Diametos.
Should individual provisions of these GTCs be invalid or contestable, this shall not affect the
The validity of the remaining provisions shall not be affected.
11. contact Diametos
You can contact Diametos through the following ways:
By mail: Diametos GmbH, Opolestraße 2, 14469 Potsdam, Germany
By e-mail: firstname.lastname@example.org