alea Terms of Use

alea END-USER LICENCE AGREEMENT

March 2024

alea is licensed to you (End User) by AssistMe GmbH, with its registered office and business address at Bachstraße 12, Berlin, Berlin 10555, Germany (“Licensor”), exclusively for use under the terms of this Licence Agreement. Our VAT registration number is DE310801494.

By downloading the licensed application from Apple’s software distribution platform (“App Store”) and Google’s software distribution platform (“Play Store”), as well as any updates (as permitted under this Licence Agreement), you agree to be bound by all the terms of this Licence Agreement and accept this Licence Agreement. The App Store and the Play Store are collectively referred to as the “Services” in this Licence Agreement.

The parties to this Licence Agreement acknowledge that the Services are not a party to this Licence Agreement and are not bound by any provisions or obligations relating to the Licensed Application, such as warranty, liability, maintenance and support thereof. AssistMe GmbH, not the Services, is solely responsible for the Licensed Application and its content.

This Licence Agreement may not provide for any terms of use for the Licensed Application that conflict with the current Apple Media Services Terms and Conditions (“Terms of Use”) or those of Google. AssistMe GmbH confirms that it has had the opportunity to review the Terms of Use and that this Licence Agreement does not conflict with them.

When purchased or downloaded via the Services, alea is licensed to you solely for use in accordance with the terms of this Licence Agreement. The Licensor reserves all rights not expressly granted to you. alea is intended for use on devices running Apple’s operating systems (“iOS” and “Mac OS”) and those of Google (“Android”).

TABLE OF CONTENTS

  1. THE APPLICATION

  2. SCOPE OF THE LICENCE

  3. TECHNICAL REQUIREMENTS

  4. MAINTENANCE AND SUPPORT

  5. USE OF DATA

  6. USER-GENERATED CONTENT

  7. LICENCE FOR CONTENT

  8. LIABILITY

  9. WARRANTY

  10. PRODUCT CLAIMS

  11. LEGAL COMPLIANCE

  12. CONTACT INFORMATION

  13. TERMINATION

  14. TERMS FOR AGREEMENTS WITH THIRD PARTIES AND BENEFICIARIES

  15. INTELLECTUAL PROPERTY RIGHTS

  16. APPLICABLE LAW

  17. MISCELLANEOUS

  1. THE APPLICATION

alea (“Licensed Application”) is software designed to provide information relevant to elderly care and adapted for iOS mobile devices and Android mobile devices (“Devices”). It is used to display care status in real time.

  1. SCOPE OF THE LICENCE

2.1 You are granted a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licensed Application on all Devices that you (the End User) own or control and which are permitted under the Terms of Use, with the exception that the Licensed Application may be accessed and used via shared family accounts or volume purchases linked to other accounts associated with you (the End User, Purchaser) via family sharing or volume purchases.

2.2 This licence also applies to all updates to the Licensed Application provided by the Licensor that replace, repair and/or supplement the original Licensed Application, unless a separate licence is provided for such an update; in which case, the terms of that new licence shall apply.

2.3 You may not transfer or make the Licensed Application available to third parties (unless this is permitted under the Terms of Use and with the prior written consent of AssistMe GmbH), nor may you sell, rent, lend, lease or otherwise redistribute it.

2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application (except with the prior written consent of AssistMe GmbH).

2.5 You may not copy the Licensed Application or any part thereof (unless expressly permitted by this Licence and the Terms of Use) or modify it. You may only create and store copies on devices that are in your possession or that you control for backup purposes, subject to the terms of this Licence, the Terms of Use and all other conditions applicable to the device or software used. You must not remove any intellectual property notices. You acknowledge that unauthorised third parties must not be granted access to these copies at any time. If you sell your devices to a third party, you must first remove the licensed application from the devices.

2.6 Breaches of the aforementioned obligations, as well as any attempt to breach them, may result in criminal prosecution and claims for damages.

2.7 The Licensor reserves the right to amend the licence terms.

2.8 No provision of this licence shall be construed as restricting the terms and conditions of third parties. When using the licensed application, you must ensure that you comply with the applicable terms and conditions of third parties.

  1. TECHNICAL REQUIREMENTS

3.1 The licensed application requires firmware version 1.0.0 or higher. The Licensor recommends using the latest version of the firmware.

3.2 The Licensor endeavours to keep the Licensed Application up to date so that it is compatible with modified/new versions of the firmware and new hardware. You are not entitled to such an update.

3.3 You acknowledge that it is your responsibility to ensure that the device on which you intend to use the licensed application meets the technical specifications set out above.

3.4 The Licensor reserves the right to change the technical specifications at any time at its sole discretion.

  1. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing maintenance and support services for this licensed application. You may contact the Licensor at the email address listed in the App Store or Play Store listing for this licensed application.

4.2 AssistMe GmbH and the end user acknowledge that the services do not entail any obligation to provide maintenance and support services in relation to the licensed application.

  1. USE OF DATA

You acknowledge that the Licensor is able to access and modify the content of the licensed application downloaded by you and your personal data, and that the Licensor’s use of such materials and information is subject to your legal agreements with the Licensor and the Licensor’s privacy policy: https://www.assistme.io/alea-mobile-app-datenschutzbestimmungen/

You acknowledge that the Licensor may periodically collect and use technical data and related information about your device, system, application software and peripherals to provide product support, facilitate software updates and, where applicable, offer you other services related to the Licensed Application. The Licensor may also use this information to improve its products or to provide you with services or technologies, provided this is done in a form that does not personally identify you.

  1. USER-GENERATED CONTENT

The Licensed Application does not allow users to submit or publish content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or within the Licensed Application, including, but not limited to, text, fonts, video, audio, photos, graphics, comments, suggestions or personal information or other materials (collectively, “Contributions”). Contributions may be viewed by other users of the Licensed Application and via third-party websites or applications. As such, any Contributions you submit may be treated in accordance with the Licensed Application’s Privacy Policy. By creating or making Contributions available, you represent and warrant that:

The creation, distribution, transmission, public display or performance, as well as the access, downloading or copying of your Contributions, does not infringe the proprietary rights, including but not limited to copyright, patent, trademark, trade secret or moral rights, of any third party.

You are the author and owner, or hold the necessary licences, rights, consents, releases and permissions, to authorise us, the Licensed Application and other users of the Licensed Application to use your Contributions in the manner provided for by the Licensed Application and this Licence Agreement.

You have the written consent, authorisation and/or permission of each and every identifiable person in your Contributions to use the name or likeness of each and every identifiable person to enable the inclusion and use of your Contributions in any manner provided for by the Licensed Application and this Licence Agreement.

Your Contributions are not false, inaccurate or misleading.

Your Contributions are not unsolicited or unauthorised advertising, promotional material, pyramid schemes, chain letters, spam, mass mailings or other forms of solicitation.

Your Contributions are not obscene, indecent, lewd, filthy, violent, harassing, abusive, defamatory or otherwise objectionable (as determined by us).

Your contributions do not ridicule, mock, disparage, intimidate or insult anyone.

Your contributions are not used to harass or threaten others (in the legal sense of these terms) or to promote violence against a specific person or group of people.

Your contributions do not violate any applicable laws, regulations or rules.

Your contributions do not infringe the privacy or publication rights of third parties.

Your contributions do not contravene applicable laws on child pornography or the protection of the health or welfare of minors.

Your contributions do not contain offensive comments relating to race, national origin, gender, sexual orientation or physical disabilities.

Your contributions do not breach any provision of this Licence Agreement or any applicable law or regulation, nor do they contain any links to material that breaches these provisions.

Any use of the Licensed Application that breaches the above provisions constitutes a breach of this Licence Agreement and may result, amongst other things, in the termination or suspension of your rights to use the Licensed Application.

  1. CONTRIBUTION LICENCE

You agree that we may access, store, process and use all information and personal data that you provide to us, in accordance with the provisions of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Licensed Application, you agree that we may use and disclose such feedback for any purpose without any compensation to you.

We do not claim ownership of your Contributions. You retain full ownership of all your Contributions and all intellectual property rights or other proprietary rights associated with your Contributions. We shall not be liable for any statements or representations in your contributions that you provide in any part of the Licensed Application. You bear sole responsibility for your contributions to the Licensed Application and expressly agree to indemnify us against any liability and to refrain from taking any legal action against us in connection with your contributions.

  1. LIABILITY

8.1 The Licensor’s liability for breaches of duty and tort is limited to cases of intent and gross negligence. The Licensor shall only be liable for slight negligence in the event of a breach of material contractual obligations (cardinal obligations). In any event, liability is limited to foreseeable damage typical for this type of contract. The aforementioned limitation does not apply to injury to life, limb or health.

8.2 The Licensor accepts no liability for damages arising from a breach of the obligations under Clause 2 of this Licence Agreement. To prevent data loss, you are obliged to make use of the backup functions of the Licensed Application, insofar as this is permitted under the applicable terms of use of third parties. You are aware that, in the event of alterations or tampering with the Licensed Application, you will no longer have access to the Licensed Application.

  1. WARRANTY

9.1 The Licensor warrants that the Licensed Application is free from spyware, Trojan horses, viruses or other malware at the time of your download. The Licensor warrants that the Licensed Application functions as described in the user documentation.

9.2 No warranty is provided for the Licensed Application if it is not executable on the device, has been unauthorisedly modified, has been handled improperly or negligently, combined or installed with unsuitable hardware or software, or used with unsuitable accessories, whether by you or by third parties, or if there are other reasons beyond the control of AssistMe GmbH that impair the operability of the Licensed Application.

9.3 You are obliged to test the Licensed Application immediately after installation and to report any defects found to AssistMe GmbH without delay by email to https://www.assistme.io/kontakt-zu-assistme/ . The defect report will be taken into account and investigated further if it is submitted by email within a period of ninety (90) days of discovery.

9.4 If we confirm that the Licensed Application is defective, AssistMe GmbH reserves the right to choose whether to remedy the defect by repair or replacement.

9.5 Should the Licensed Application not comply with the applicable warranty provisions, you may notify the operator of the Service Store, and the purchase price for the Licensed Application will be refunded to you. To the extent permitted by applicable law, the Service Store operator shall have no further warranty obligations in respect of the Licensed Application and any other losses, claims, damages, liabilities, expenses and costs arising from a negligent breach of warranty.

9.6 If the user is a business, claims for defects shall become time-barred after a statutory limitation period of twelve (12) months following the Licensed Application being made available to the user. For users who are consumers, the statutory limitation periods shall apply.

10. PRODUCT CLAIMS

AssistMe GmbH and the End User acknowledge that AssistMe GmbH, and not the Services, is responsible for dealing with any claims by the End User or a third party relating to the Licensed Application or the End User’s possession and/or use of the Licensed Application, including but not limited to:

(i) product liability claims;

(ii) claims arising from the Licensed Application’s failure to comply with applicable legal or regulatory requirements; and

(iii) claims arising from consumer protection, data protection or similar laws, including in connection with your Licensed Application’s use of HealthKit and HomeKit.

11. COMPLIANCE WITH LEGAL REGULATIONS

You represent and warrant that you are not located in a country subject to a US government embargo or designated by the US government as a “state sponsor of terrorism”, and that you are not on any US government list of prohibited or restricted parties.

12. CONTACT INFORMATION

For general enquiries, complaints, questions or claims regarding the licensed application, please contact:

AssistMe GmbH

Bachstraße 12

Berlin, Berlin 10555

Germany

info @assistme.io

13. TERMINATION

The licence remains valid until terminated by AssistMe GmbH or by you. Your rights under this licence shall automatically terminate without notice from AssistMe GmbH if you fail to comply with one or more of the terms of this licence. Upon termination of the licence, you must cease all use of the licensed application and destroy all copies of the licensed application, in whole or in part.

14. TERMS FOR AGREEMENTS WITH THIRD PARTIES AND BENEFICIARIES

AssistMe GmbH represents and warrants that, when using the licensed application, AssistMe GmbH will comply with the applicable contractual terms of third parties.

In accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User License Agreement” or Section 6 of Google’s Developer Distribution Agreement, the respective subsidiaries are third-party beneficiaries of this End User Licence Agreement and – subject to your acceptance of the terms of this Licence Agreement – the store operators have the right (and are deemed to have accepted the right) to enforce this End User Licence Agreement against you as third-party beneficiaries.

15. INTELLECTUAL PROPERTY RIGHTS

AssistMe GmbH and the End User acknowledge that, in the event of claims by third parties alleging that the Licensed Application or the End User’s possession and use of the Licensed Application infringes the intellectual property rights of such third party, AssistMe GmbH, and not the Services, shall bear sole responsibility for the investigation, defence, settlement and resolution of such claims of intellectual property infringement.

16. GOVERNING LAW

This Licence Agreement is governed by German law, excluding the conflict of laws provisions of German law.

17. MISCELLANEOUS

17.1 Should any provision of this Agreement be or become invalid, this shall not affect the validity of the remaining provisions. Invalid provisions shall be replaced by valid ones formulated in such a way as to achieve the intended purpose.

17.2 Collateral agreements, amendments and supplements shall only be valid if they are set out in writing. The foregoing clause may only be waived in writing.