Terms of Use VOIZZR APP – VOIZZR – As easy as a voice message

Terms of use

General | Scope of Application
1. These Voizzr Terms of Use (\”Terms of Use\”) apply to all contracts (\”Use Contracts\”) between Voizzr represented by Christian Klasen., Ahornweg 50, D-63741 Aschaffenburg (\”Voizzr\”) and customers of Voizzr (\”Users\”) regarding the use of the services defined below. These terms of use become part of every usage contract.
2. Please note that this app is not a diagnostic tool, but a prototype under development for research and monitoring purposes only.
3. These terms of use also apply to future contracts between Voizzr and the user, without the need for a corresponding reference by Voizzr in individual cases. These terms of use are confirmed by the user at the latest when the user uses the services.
4. These terms of use apply to the exclusion of all other conditions. Deviating, contradictory or supplementary general terms and conditions of business will only become part of a contract of use, as far as Voizzr has agreed to them in writing.
5. If the terms \’in writing\’, \’in written form\’ or similar terms are used in these terms of use, they refer to the written form in the sense of ยง 126 BGB. The electronic exchange of copies, handwritten signed documents as well as documents with a simple electronic signature (such as with the help of DocuSign or Adobe Sign) is sufficient in this respect. Unless expressly provided otherwise in these Terms of Use, the exchange of simple e-mails shall not be sufficient.
6. All notifications and declarations that the User submits to Voizzr, in particular notices of termination and setting of deadlines, must be submitted at least in text form within the meaning of Section 126b of the German Civil Code (BGB) (for clarification: a simple e-mail is sufficient), unless otherwise stipulated in these Terms of Use.
7. References in these terms of use to the applicability of statutory provisions are for clarification purposes only.Consequently, the statutory provisions shall apply even if such clarification is not provided, unless the statutory provisions are supplemented or expressly excluded in these Terms of Use.
8. For reasons of practicability, the simultaneous use of feminine, masculine, and diverse forms of language is dispensed with in these Terms of Use and the generic masculine is used. All personal terms apply equally to all genders.
Services | Conclusion of a User Contract
1. In accordance with the respective user agreement, Voizzr grants the User free of charge access to the software offered by Voizzr as software as a service for the collection of cough, breath and voice files, including all associated websites, platforms, services, applications and functions (\”Services\”).
2. Voizzr has the right to downgrade, restrict or otherwise modify the services at any time and without prior notice. Subject to the regulations in section 8, Voizzr is not subject to any warranty, compensation, maintenance, support, or availability obligations for the services.
3. Voizzr is entitled to engage subcontractors at any time for the fulfillment of its contractual obligations.
4. Voizzr will not save the contract text (these terms of use and the respective usage contract) after the conclusion of a usage contract. The contract text is then no longer accessible for the user.
Rights of Use | Restrictions of Use
1. In accordance with the usage contract, Voizzr grants the user a simple, non-transferable, non-sublicensable, worldwide right to use the services exclusively for private purposes of the user during the contract period. The Services are offered as currently described on the Voizzr website including the frequently asked questions (FAQ) section (\”Documentation\”).
2. The user may not (and may not allow third parties to) directly or indirectly: (a) sublicense, sell, resell, transfer assign, distribute, share, lease, rent, externally commercially exploit, outsource, use on a timeshare or service bureau basis, or use in an application service provider or managed service provider environment, or otherwise generate revenue from the Services; (b) copy the Services onto a public or distributed network; (c) modify, adapt, translate, or create derivative works based on all or any part of the Services (except to the extent permitted by Voizzr or as authorized under the Services); (d) modify any proprietary rights notices appearing in the Services or any part thereof; (e) use the Services in a manner that violates applicable laws and regulations (including export rules and restrictions, national security controls and regulations) or use outside the scope of the license described in this Section 3; (f) configure the Services to collect the following data: (i) data that is considered sensitive personal data or \’special categories of data\’ within the meaning of the General Data Protection Regulation (\”GDPR\”) or applicable national data protection laws; (ii) passwords or other authentication data; or (iii) payment or other financial data, biometric data or genetic data (collectively, \”Illicit Data\”); or (g) use the Services to (i) store, download or transmit infringing, defamatory or otherwise unlawful or unauthorized material or malicious code or malware; or (ii) engage in phishing, spamming, denial of service attacks or other fraudulent or criminal activity; (iii) interfere with or disrupt the integrity or performance of any third party systems or the offerings or data contained therein; (iv) attempt to gain unauthorized access to the Services or Voizzr\’s systems or networks; or (v) conduct, or engage any third party to conduct, penetration testing, vulnerability analysis or other security assessments.
3. The user may not copy, process, share or publicly reproduce the contents of the services without the written consent of Voizzr, unless this is expressly permitted by functions that are integrated into services.
4. The User may not export or re-export services or technical data, or copies, parts, or products thereof, directly or indirectly, in violation of applicable laws and regulations.
5. The user may use the services only as described in the documentation.
6. Voizzr may monitor the User\’s use of the Services and may prohibit and/or suspend use of the Services if Voizzr believes that the User is in violation of the provisions of this Section 3.
Obligations of the User
1. The User represents and warrants that it will use the Services solely in full compliance with all applicable laws and regulations.
2. The user is responsible for procuring and maintaining, at his own expense, technical equipment and related ancillary services required for connection to, access to or other use of the services, in particular hardware, software, servers, operating systems, networks and mobile devices (collectively \”Technical Equipment\”). Voizzr\’s requirements for the Technical Equipment can be viewed in their current version on Voizzr\’s website.
3. The User is also responsible for the security of the Technical Equipment and any use of the Technical Equipment known or unknown to the User.
4. The User is solely responsible for the contents of all data displayed, published, uploaded, stored, exchanged, or transmitted by the User via or with the help of the Services (together \”Contents\”). Voizzr is not able to control the information transmitted by the User during the use of the Services or to guarantee the accuracy of this information. Voizzr may – without prior notice and without being liable for it – investigate complaints or suspected violations of the User Agreement and may take measures towards the User that Voizzr deems appropriate. This includes restricting, blocking, or terminating the User\’s access to the Services.
5. The User ensures that the information deposited by him in the Services is always up-to-date and correct. In the event of an unauthorized use or suspected security breach or misuse of the services, the user is obligated to inform Voizzr of this immediately.
Term | Termination
1. The term of a contract of use begins at the time designated therein.
2. Each user contract remains in force for an indefinite period unless it is terminated in accordance with the user contract. Voizzr or the user can terminate the user contract at any time with immediate effect.
3. The right of the parties to extraordinary termination of the user contract for important reasons remains unaffected.
Property Rights | User Data | IT Security | Updates
1. Voizzr and Voizzr\’s possible contractors are and remain the owner of all property rights, including copyrights, database rights, patents, trade secrets, trademarks and all other rights to intellectual property and technical solutions in and in connection with the Services. The User acknowledges that the rights granted under a User Agreement do not give the User any ownership rights in the Services.
2. All rights to the content and to data that the user provides to Voizzr to enable the provision of the services or that the customer provides during the use of the services (\”user data\”), as well as to data based on or derived from the content or user data, remain with the user. The User grants Voizzr a simple, non-transferable, sub-licensable (right of use), unlimited in terms of space and content, to use the content and user data exclusively in connection with the provision of the Services. Voizzr is not liable for the contents or the user data.
3. Voizzr will take appropriate measures to ensure that the security of the services complies with customary industry standards.
4. Voizzr reserves the right to make new versions and updates of the Services, in particular changes to the design, operational procedure, technical specifications, systems, and other functions of the Services, at any time and without prior notice.
Data protection
1. The user and Voizzr will always comply with the requirements of applicable data protection law, the DSGVO.
2. The processing of personal data by Voizzr is explained in more detail in Voizzr\’s privacy policy, which can be accessed here: https://voizzr.com/index.php/privacy-policy-voizzr-app/
Limitation of Liability
1. Voizzr is liable without limitation for (a) injury to life, body or health by Voizzr, Voizzr\’s legal representatives or vicarious agents; (b) damage caused intentionally or by gross negligence by Voizzr, Voizzr\’s legal representatives or vicarious agents; (c) damage due to the absence of a guaranteed quality; and (d) claims from the Product Liability Act (ProdHaftG).
2. Voizzr is liable for damages from the violation of cardinal obligations by Voizzr, Voizzr\’s legal representatives or vicarious agents. Cardinal obligations are those obligations, the fulfillment of which makes the proper execution of the user contract possible in the first place and on the compliance with which the user regularly relies and may rely. If the violation of cardinal obligations is caused by slight negligence of Voizzr, Voizzr\’s legal representatives or vicarious agents, the liability of Voizzr is limited to the amount that was foreseeable for Voizzr at the time of the provision of the respective service.
3. Subject to the regulations in clauses 8.1 and 8.2, Voizzr is not liable for damages from the violation of obligations that do not represent cardinal obligations and that were caused by Voizzr, Voizzr\’s legal representatives or vicarious agents through slight negligence.
4. Voizzr is not liable for losses, damages or disadvantages incurred by the User, which were caused directly or indirectly by the unauthorized use of the services for the processing of Unauthorized Data by the User.
5. Voizzr is liable for data losses only up to an amount that corresponds to the typical costs for the recovery of the affected data that would have been incurred if the User had made proper and regular data backups.
6. Subject to the provision in section 8.1, Voizzr\’s liability for damages arising from or in connection with a user agreement, whether in contract, tort or otherwise, is limited to an amount equal to one hundred fifty percent (150%) of the sum of the fees under the affected user agreement.
7. Voizzr does not vouch for the absence of contagion or connection to all health departments.
8. Any liability of Voizzr beyond the cases regulated in this clause 8 is excluded.
Prohibition of Assignment | Offsetting Restriction
1. The user may not assign his rights or obligations from a user contract and these terms of use without the written consent of Voizzr.
2. The user is only entitled to set off his own claims against claims of Voizzr if his claims (a) have been legally determined; (b) are undisputed; or (c) have been recognized by Voizzr.
Complete Agreement | Severability Clause | Changes | Updates
1. The user contract including these terms of use represents the complete agreement between the user and Voizzr regarding its subject matter and replaces and excludes all previous written or oral negotiations, regulations, agreements, exercises or arrangements between the parties regarding the subject matter of the contract.
2. If any provision of the User Agreement, including these Terms of Use, is or becomes invalid or void, in whole or in part, the validity of the remaining provisions shall not be affected thereby. In this case, the invalid or void provision shall be replaced by a provision that comes as close as possible to what the parties would have agreed in a legally permissible manner according to the meaning and purpose of the original provision and the contract of use if they had recognized the invalidity or voidness of the original provision. If the ineffectiveness or invalidity of a provision is based on a measure of performance or time (deadline or date) specified therein, a provision with a legally permissible scope that comes closest to the original scope shall replace it. The foregoing shall also apply to any loophole in the User Agreement including these Terms of Use not intended by the parties. It is the express intention of the parties that this severability clause does not result in a mere reversal of the burden of proof, but that Section 139 of the German Civil Code is waived in its entirety.
3. Changes or additions to a contract of use must be made in writing (the exchange of simple e-mails is sufficient). The same applies to agreements to deviate from this written form requirement or to waive it completely.
4. Voizzr can change and/or update these terms of use with effect for the future if this is necessary for technical, economic, or legal reasons. Any amendment to these Terms of Use will be announced to the User in text form (a simple e-mail is sufficient) at least six (6) weeks before its intended effective date. The User may agree or object to the amendment before the date of its intended entry into force. The amendment shall be deemed accepted by the User if the User does not object to the amendment before the day of its intended entry into force. Voizzr will explicitly inform the User of this in the corresponding announcement.
Applicable Law | Consumer Arbitration Board
1. Any contract of use and all (contractual or non-contractual) disputes or claims arising out of or in connection with the contract of use or its subject matter or its conclusion shall be governed by the mandatory laws of the state in which the user has his habitual residence (i.e. those provisions of the law of that state which cannot be derogated from by agreement). In all other respects, the laws of the Federal Republic of Germany shall apply. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply.
2. The European Commission operates an online arbitration board which can be reached via this link. Voizzr is not obliged to participate in a dispute resolution procedure before this arbitration board or before another consumer arbitration board and is not willing to do so.

Voizzr represented by Christian Klasen

Local Court Aschaffenburg, Germany