1.1 The provider
We, mykie GmbH, with registered office at Karlsberg 2, 69469 Weinheim, Germany, offer a service (hereinafter “Service“) that enables users (hereinafter “Users“) at mykie.de (hereinafter “Site”) to access and play back various content relating to the treatment of myofunctional disorders (hereinafter collectively “Content“) via the Internet, Internet-enabled televisions, computers and other devices (hereinafter “End Devices“).
1.2 Subject matter and scope of the Terms of Use
These Terms of Use govern the terms and conditions of your use of our service. The service referred to in these Terms of Use relates exclusively to the services offered by us on the Site.
These Terms of Use do not apply to the services of third-party providers that we refer to or advertise as part of our service. These Terms of Use also do not apply to medical advice or treatment provided by employees of the provider or the Fachzentrum für Kieferorthopädie Dr. Freudenberg & Kollegen.
2.1 By visiting our site and booking the myofunctional online training (hereinafter “Training“), we grant you a highly personal, non-exclusive and non-transferable right to access our portal with your end device, on which we make training videos available to you for a limited period of time (hereinafter “Portal“), and to stream and view the content. No further rights or claims are transferred to you.
2.2 The Service and all content that can be viewed via the Portal are intended solely for your personal and non-commercial use. You are expressly prohibited from using the Service for public screenings.
2.3 The following further actions are not permitted:
– Unless expressly permitted by law, the reproduction of content, its distribution, modification, public presentation, licensing, sale or any other commercial use,
– the removal or modification of a copy protection of the service,
– Editing or otherwise changing content.
3.1 The medical exercise content provided on the Portal is for informational purposes only and is not intended to replace professional medical advice, diagnosis or treatment by a qualified healthcare provider. Before beginning an exercise program or using the portal, it is strongly recommended that you consult a physician or other qualified healthcare provider to ensure that the proposed activities are appropriate for your individual health situation.
The user agrees to take full responsibility for his/her health and the health of the persons to whom the training is applied and to participate or allow to participate in the medical training offered on this platform at his/her own risk. The portal and its operators accept no liability for damage or injury resulting from the use of the content provided if you do not comply with this obligation.
3.2 You can use the Service if you are at least 18 years old.
As part of the ordering process for a training course, a personal user account (hereinafter referred to as ‘User Account’) is automatically created for each customer who does not already have a User Account. As the owner of the User Account, you have the option to make changes to your personal profile at any time, including updating your e-mail address, password, billing and delivery address. Your User Account gives you access to the video training courses you have purchased. The access period for these training courses is product-specific and is 6 months, unless otherwise stated. At the end of this contract period, your right to access the relevant training content expires automatically. Please note that no refunds will be made during the term of the contract for the partial or complete renunciation of the use of the training content.
3.4 We are entitled to suspend your user account in the event of suspected misuse by third parties (in particular in the event of suspected hacking) until the facts of the case have been clarified or your access data have been changed.
If you suspect misuse, please contact us immediately by e-mail. The contact information can be found on our website.
4.1 Our prices include the statutory value added tax.
4.2 Unless expressly agreed otherwise, we will only provide the training against advance payment (in the manner specified on the order form in the online store).
4.3 The customer shall have no right of set-off or retention unless the counterclaim is undisputed or has been legally established.
5.1 You can terminate or delete your user account at any time. We are entitled to terminate this contract or discontinue our service at any time. In the event of termination, the ordered content will remain available for the duration of the order.
5.2 In the event of misuse of the service, we are entitled to terminate your user account and block it immediately. In this case, we expressly reserve the right to assert further legal claims, in particular for damages.
The service is generally available at any time of day or night. We reserve the right to interrupt the service briefly for maintenance work and updates.
We accept no liability for the display quality of the content. You alone are responsible for ensuring that you have all the hardware, software and network infrastructure (in particular sufficient bandwidth) that is technically required to access the service.
The display quality of the content may vary depending on the end device and is dependent on various factors, such as your location, the available bandwidth or the speed of your internet connection.
8.1 Subject to clause 8.2 below, our liability to you arising out of or in connection with the provision of the Service in the event of a slightly negligent breach of a material contractual obligation under these Terms shall be limited to such damages as are typically foreseeable. A “material contractual obligation” under these Terms is an obligation the fulfillment of which is essential for the proper performance of these Terms, the breach of which jeopardizes the purposes of these Terms and the fulfillment of which you as a user regularly rely on. Damage is “foreseeable” if it was typically foreseeable at the time you accepted these Terms. We exclude our liability and the liability of third party rights holders for the slightly negligent breach of a non-essential contractual obligation.
8.2 Our liability for gross negligence or intent or for injury to life, limb or health is neither excluded nor limited by these terms and conditions.
8.3 Where our Service contains links to third party sites, resources or services, we have no control over the content of those sites, resources or services. The use of all such sites, resources or services is subject to the terms of use and privacy policies of the relevant third party. We accept no liability for them or for any damage that may arise from their use.
In fulfillment of our obligations under § 36 VSBG, we inform you that we are not willing and not obliged to participate in dispute resolution proceedings at a consumer arbitration board.
The European Commission’s online dispute resolution platform is available at: https://ec.europa.eu/consumers/odr
There are no verbal collateral agreements.
The law of the Federal Republic of Germany shall apply. If the user is a consumer and does not reside in the Federal Republic of Germany, the contractual relationship shall be governed by the law of the Federal Republic of Germany, unless mandatory provisions of the law of the country in which the consumer has his habitual residence provide otherwise.
We collect and store the data of our users required for business transactions. We comply with the statutory provisions when processing personal data. Details can be found in our online privacy policy. You can obtain information about the personal data stored about you at any time.
** The medical exercise content provided on the Portal is for informational purposes only and is not intended to replace professional medical advice, diagnosis or treatment by a qualified healthcare provider. Before starting an exercise program or using the portal, it is strongly recommended to consult a physician or other qualified healthcare provider to ensure that the proposed activities are appropriate for the individual’s health situation. The user agrees to take full responsibility for his/her health and the health of the persons to whom the training is applied and to participate or allow to participate in the medical trainings offered on this platform at his/her own risk. The portal and its operators accept no liability for damage or injury resulting from the use of the content provided if you do not comply with the aforementioned obligation.
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Endorsed by DrDozzle.
