General Terms and Conditions
General Terms and Conditions (hereinafter referred to as “GTC”)
Terms of contract
For contracts concluded between
Proximo-WSD (limited liability)
Brandesstrasse 17a
78464 Constance
Phone: +49 (0)7531 9218036
Fax: +49 (0)7531 9217283
E-mail: info@proximo-wsd.de
Represented by the managing director:
Giovanna Ratini
Register entry:
Entered in the commercial register. Register court: Local court Freiburg i. Br.
Register number: HRB 720622
Sales tax ID: Sales tax identification number according to §27a sales tax law:
DE326906379
in the following “Proximo-WSD”-
and the customers specified in § 1 para. 2
in the following “Customers”-
Scope, definitions
Contracts between Proximo-WSD and the customer, which are concluded via the Google Play Store or the Internet site https://www.elena-app.com/, are exclusively subject to the following terms and conditions in their version valid at the time of conclusion of the contract. If the customer uses conflicting or supplementary terms and conditions, their validity is hereby contradicted; they will only become part of the contract if Proximo-WSD has expressly agreed to them.
The Customer is a consumer if the purpose of the ordered deliveries and services cannot be attributed to his commercial or independent professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity, which acts in exercise of its commercial or independent professional activity when concluding the contract.
In relation to entrepreneurs, these General Terms and Conditions shall also apply to future business relations without us having to refer to them again.
Conclusion of the contract
The presentation of the products in the GooglePlay Store and in the online store is not a legally binding offer, but a non-binding online catalog. In the legal sense it is a “request for an offer by the customer”.
By clicking the “Download” button in the GooglePlay Store you can download the free edition of the ELENA-App. This clicking represents the offer on the part of the customer. The customer is directed to these terms and conditions, revocation instruction and privacy policy. The process can only be continued if the customer accepts these terms and conditions, the revocation policy and the privacy policy by clicking the checkbox and thus includes them in his offer. The customer has the possibility to save or print out the GTC and the revocation instruction as PDF file before submitting his binding offer.
Thereupon the registration in the App. This takes place first for an ELENA-App Free edition Account. An e-mail will be sent to the e-mail address provided, asking the user to confirm the registration in the app. This mail also represents the acceptance of the user’s offer. If there is no confirmation within 24 hours, the ELENA-App Free Edition Account will be closed. If the confirmation is made by the customer, the Free edition can be used within a short time.
If the use of the Auto-Respons function or other non-Free edition features are desired, the user will be redirected to the website https://www.elena-app.com/ by clicking on the appropriate link in the app. There the desired function can be activated by clicking the order button for “Pro” or “Pro Plus” edition. To do this, the data provided during the original registration must be completed and a payment method selected.
The customer will then be redirected to these terms and conditions, cancellation policy and privacy policy. The process can only be continued if the customer accepts these GTC, cancellation policy and data protection declaration by clicking the checkbox and thus includes them in his offer. In turn, the customer has the possibility to save or print the GTC and the revocation instruction as PDF file before submitting his binding offer.
Afterwards, payment formalities are completed. By sending the completed payment form, the customer submits a binding offer. Acceptance of the offer by Proximo-WSD is effected by a confirmation e-mail.
The contract includes a subscription for the extended app function “Pro” or “Pro Plus” for an indefinite period of time.
Termination
The contract is concluded for an indefinite period. It can be terminated by either party with a regular notice period of one month to the end of the month.
Price
There is no charge for the ELENA-App Free edition available in the Google Play Store.
For the ELENA-App Pro and ELENA-App Pro Plus editions, there is a monthly charge as indicated on the website.
All prices are shown in Euro (€) and already include the applicable statutory value added tax.
Payment method and invoice
The following payment methods are possible:
“credit card”
When you place your order, you also provide us with your credit card details. After your legitimation as a legitimate cardholder, we request your credit card company to initiate the payment transaction immediately after the order. The payment transaction will be carried out automatically by the credit card company and your card will be charged.
If you choose the credit card payment method, there are no additional costs.
PayPal
During the ordering process you will be redirected to the website of the online provider PayPal. In order to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the store, we will ask PayPal to initiate the payment transaction. The payment transaction will be executed automatically by PayPal immediately afterwards. You will receive further instructions during the ordering process.
If you choose the payment method PayPal there are no additional costs.
Proximo-WSD reserves the right to limit or expand the selection of payment methods in individual cases.
Due date of payment and default of payment
After completing the registration and choosing a payment method for ELENA-App Pro and ELENA-App Pro Plus, the ELENA-App is functional within a short time.
If the money is not transferred within 24 hours in case of the payment method “invoice” or “direct debit”, the functionality of the ELENA-App will be limited to the ELENA-App Free edition again. The same applies to all editions if the selected payment methods do not work.
After the first registration, the agreed service of the customer is always due after one month.
This procedure also means that there are no reminders or interest on arrears.
Functionality of the APP
This app is only a communication support. It is not intended to provide health or auxiliary medical support or care. It does not fulfill the purpose of danger prevention in the public or private sector.
Through the ELENA-App, an Android tablet and video telephony, your relatives can speak and see the most important caregivers with the touch of a finger.
The photo of the relative or caregiver is simply tapped and the video call is started immediately.
To do this, the app in its ELENA-App Free edition must first be installed on the corresponding device. People who should be able to be called very easily must be stored with the correct number in the contacts. Afterwards they can be set up in the app as being in the start screen of the device.
The extended edition of ELENA-App (ELENA-App Pro Plus) offers an additional “automatic answer” function for authorized callers: If the tablet is called but the call is not answered, ELENA-App can automatically answer the video call, provided the caller is authorized to do so. This also requires that the person in question is first stored in the contacts with the correct number.
Before setting up this feature, customers should be aware that only by making a video call, depending on the orientation of the receiving device, can the unlocked persons have a wide view of the privacy of the called person. The appropriately unlocked person must be informed about the new function in advance. Proximo-WSD assumes no liability for these individual arrangements.
About our services
Minimum age. You must be at least 18 years old to use our services. The minimum age for using our services without parental consent may be higher in your home country.
Privacy of user data. Proximo-WSD does not sell, rent or monetize your personal data or content in any way.
Please read our Privacy Policy to understand how we protect the information you provide when using our services. To operate our services, you agree to the data practices described in our current privacy policy.
Software. We reserve the right to change the app at any time in a way that is reasonable for the user, for example to further develop and improve the quality of the app; this applies to both technical and content changes.
Fees and taxes. You are responsible for the fees and taxes of the data and wireless carriers connected to the devices on which you use our services.
Our general terms and conditions. You can only use our services according to our terms and conditions. If we deactivate your account because of a violation of our terms and conditions, you cannot create another account without our permission.
Legal and acceptable use. You agree to use our services only for legally permitted and authorized purposes. You will not use (or assist others to use) our services in any way that: (a) infringes or violates the rights of ELENA-App, our users or others, including privacy, advertising, intellectual property or other proprietary rights; (b) involves sending illegal or improper communications such as bulk messaging, auto-messaging and auto-dialing.
ELENA-App damage. You may not access, use, modify, distribute, transmit or use our services in any unauthorized manner or in a manner that damages ELENA-App, our services or systems. For example, you may not: (a) gain or attempt to gain unauthorized access to our services or systems; (b) interfere with the integrity or performance of our services; (c) create accounts for our services in an unauthorized or automated manner; (d) collect information about our users in an unauthorized manner; or (e) sell, rent or charge for our services.
Keep your account secure. ELENA-App offers comprehensive data protection and cannot access your (video) call data. You are responsible for keeping your device and your ELENA-App account safe. If you lose your phone or tablet, follow the steps on our website. Proximo-WSD is not liable for this.
No access to emergency services. Our services do not provide access to emergency service providers such as police, fire departments, hospitals or other public safety organizations. Make sure that you can contact emergency service providers via a cell phone, landline or other service.
Third Party Services. Our services may allow you to access, use, or interact with websites, apps, content, and other third-party products and services. If you use third-party services, their terms and conditions and privacy policies will govern your use of those services.
Contract language
The contract language is German.
Warranty
Unless expressly agreed otherwise below, the statutory liability for defects shall apply.
Copyright
The contents of the app are specially created by Proximo-WSD, especially databases in terms of § 4 Abs. 2, 87a Abs. 1 UrhG. The associated programs are protected by § 69a ff. UrhG.
Proximo-WSD is the owner of all other elements of the ELENA-App, especially with regard to the rights of use and ancillary copyrights to content and documents.
Disclaimer and limitation of liability
Disclaimer of liability.
If the ELENA-App cannot be used partially or completely for reasons beyond the control of Proximo-WSD, liability is excluded.
Proximo-WSD takes the usual care in the selection, maintenance and timeliness of the content of the website. However, Proximo-WSD does not assume any liability for the correctness, up-to-dateness and completeness of the provided contents and their selection and compilation. This applies in particular to the extent that Proximo-WSD is dependent on the supply of third party texts.
As far as the availability of the App depends on the services of third parties (especially telecommunication providers), Proximo-WSD assumes no liability.
You use our services at your own risk and are subject to the following disclaimers: Proximo-WSD does not guarantee that our services will always be fully operational, error-free or secure, or that our services will function without disruptions or delays. We do not control and are not responsible for controlling how or when our users use our services. We are not responsible for the actions or flows of information (including the content) of our users or any other third party.
Insofar as the availability of the app depends on the services of third parties (in particular telecommunications providers), Proximo-WSD assumes no liability.
Limitation of liability.
Proximo-WSD shall not be liable for any lost profits or consequential or incidental damages arising in connection with us, our terms and conditions, or our services, even if Proximo-WSD has been advised of the possibility of such damages.
For damages due to injury to life, body or health, in case of intent or gross negligence of Proximo-WSD, a legal representative or vicarious agent as well as for damages covered by a granted guarantee or assurance, Proximo-WSD is liable according to the legal regulations. In case of slight negligence, Proximo-WSD is only liable for compensation of the contract-typical, foreseeable damages and only if a duty, the proper fulfillment of which makes the execution of this contract possible in the first place and on the compliance of which the contractual partner could trust (cardinal obligation), has been violated by Proximo-WSD, a legal representative or vicarious agent. Otherwise, liability is excluded to the extent permitted by law.
The foregoing exclusion of certain damages and limitation of liability applies to the maximum extent permitted by applicable law. The laws of some states or jurisdictions may not allow the exclusion or limitation of certain damages. Therefore, some or all of the above exclusions and limitations may not apply to you. Notwithstanding the provisions of any conflict in our terms and conditions, in such cases Proximo-WSD’s liability shall be limited to the extent permitted by applicable law.
Conciliation procedure
The European Commission provides an online dispute resolution (OS) platform, which you can find here – https://ec.europa.eu/consumers/odr/
We are neither obliged nor willing to take part to dispute resolution proceedings before a consumer arbitration board.
Right of withdrawal
As a consumer you have the legal right to withdraw from contracts for the purchase of services within 14 days without giving reasons. The withdrawal period expires 14 days after conclusion of the contract. If you want to make use of your right of revocation, you must declare the revocation to Proximo-WSD in a clear manner.
You will immediately receive a confirmation of receipt of the revocation on a permanent data carrier (e.g. by e-mail). In order to comply with the revocation period, it is sufficient to send a written notification regarding the exercise of the right of revocation before the end of the revocation period.
Upon your revocation, Proximo-WSD will immediately refund all payments made by you under the contract – at the latest, however, within 14 days after receipt of your revocation notice. The refund will be made using the same payment method you used for the original order, unless you have expressly agreed to another method. You will not be charged any fees in the event of such a refund.
If you have requested the provision of the services within the cancellation period, you may be charged an amount corresponding to the proportion of the services already provided by the time of your cancellation compared to the total scope of the services provided in the contract.
The contract is concluded with the
Proximo-WSD (limited liability)
Brandesstrasse 17a
78464 Constance
Phone: +49 (0)7531 9218036
Fax: +49 (0)7531 9217283
E-mail: info@proximo-wsd.de
Represented by:
Giovanna Ratini
Register entry:
Entered in the commercial register.
Register court: Local court Freiburg i. Br.
Register number: HRB 720622
Sales tax ID:
Sales tax identification number according to §27a sales tax law: DE326906379
Choice of law, place of jurisdiction
The law of the Federal Republic of Germany applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
If the contracting parties are merchants, legal entities under public law or special funds under public law, the place of jurisdiction is Constance.
Severability clause
Should any of these provisions be or subsequently become invalid, this shall not affect the validity of the provisions as a whole.