ixensor

Statement

Statement

  • Terms of Use
  • Data Privacy

Terms Of Use

General Terms and Conditions of Use and End User License Agreement for Digital Contents

Following general terms and conditions of use and the end user license agreements (referred to as “Conditions” hereafter) govern the use of digital contents, particularly the applications of terminal devices (referred to as “Apps” hereafter) of iXensor Co., Ltd. (referred to as “iXensor” hereafter) currently and in the future provided to users of iXensor Apps provided by iXensor.

 

Notice of Limitations:

Apps and/or digital contents are only compatible to terminal devices run under Apple iOS or Google Android as iOS in the versions iOS 8.0 and Android 5.1.1 or higher.

 

1.Scope of Application

  • Apps and/or digital contents are directed at natural persons of full age now and in the future, not having to be repre- sented by a third party for business issues, and having a valid access and user account to a sales platform for applica- tions of digital terminal devices (referred to as “App Store” hereafter) now and in the future. Aforementioned persons are referred to as “End User” in these Conditions.
  • When the Apps and/or digital contents are used by End Users engaging in a commercial or self-employed activity,such End Users are also referred to as “Entrepreneurs” hereafter.
  • iXensor is not the operator of App Stores, and therefore not responsible for the conditions of such App Stores. App Stores are operated by third parties (referred to as “App Store Operator” hereafter), while the use of App Stores, the purchase transaction, and the rights of End Users depend on the conditions of the respective App Store Operator, in case an App and/or digital contents are provided in an App-Store. If iXensor themselves directly provide End Users with Apps and/or digital contents, iXensor will indicate this fact. However, these Conditions apply to the use of Apps and/or digital contents from iXensor.

2.Contact Information

Developer and operator of Apps and/or digital contents according to these Conditions are: iXensor Co., Ltd
9F, No 473, Section 2, Tiding Boulevard, Neuhu District, Taipei City, Taiwan
Email: appsupport@ixensor.com
Phone: +886 2 8751 1355

 

The contact by phone may incur higher costs than is customary for local phone calls, because it is a foreign phone number. The End User should inquire his/her telephone provider for the exact costs of a phone call in advance.

 

3.Conclusion of Contract

  • When Apps and/or digital contents are provided in an App Store, conditions of respective App Store Operators apply for conclusion of the contract and handling of any payment transactions (see Item 1.3 of these Conditions). Who is considered to be the App Store Operator of the End User in that specific case, depends on the terminal device of the End User, the OS installed on it, or the creation of an App Store user account.
  • Usually,a contract for the purchase of an App or an App used as gift materializes in an App Store,when an Order button is clicked, and – if necessary – the password for the App Store user account was entered.
  • If the App Store Operator gives the End User the opportunity to acknowledge these conditions prior to clicking on the Order button, the End User agrees to these conditions by clicking on the Order button. If the respective App Store Operator does not give the End User the opportunity to acknowledge these conditions, the End User will be given the opportunity to acknowledge and accept these conditions when activating the App on his/her terminal device the latest (see Item 3.6 of these Conditions). In this case, contract conclusion with iXensor and inclusion of these conditions will come into effect at the later time.
  • Aforementioned Conditions also apply,if App sand/or digital contents are provided in Apps or other applications(so- called “In-App Offers”).
  • After clicking on the Order button,the App software will be downloaded,and/or the digital contents will be activated, and the digital contents will be installed and/or activated on the terminal device of the End User.
  • After installation of the App and/or activation of the digital contents, the End User can execute the App and/or the digital contents. During initial execution, the End User is prompted to sign up for an iXensor user account. During this operation the End User is prompted to explicitly declare the acceptance of these Conditions. These Conditions are included at this time the latest, and are thus part of the agreements between the End User and iXensor.

4.License

  • By accepting these Conditions, the End User acquires the sub-constitutional right unrestricted in terms of time and place to use the Apps and/or digital contents for private, non-commercial purposes within the context of these Conditions. Beyond that scope, Entrepreneurs have the right to use the Apps and/or digital contents for their own commercial or self-employed professional purposes.
  • Particularly, the End User does not have the right to grant sub-licenses, or place the Apps and/or digital contents at the disposal of third parties, as well as distribute the Apps and/or digital contents, or make them accessible to the general public.
  • End Users are not permitted to either modify the Apps and/or the digital contents, or decompile them, unless this is explicitly permitted by law. The right to duplicate is limited to the installation of the Apps and/or the digital contents on a terminal device in direct possession of the End User in order to meet these Conditions and the purpose of use, and to a duplication necessary for loading, displaying, executing, transmitting and saving the Apps and/or the digital contents, as well as to the right to create a backup copy of the Apps and/or the digital contents. The End User is not permitted to reverse engineer or disassemble the Apps and/or the digital contents, or attempt to access the source code of the App and/or the digital contents.
  • Aforementioned license conditions also apply to all upgrades and/or fixes provided to the End User by iXensor and which replace or substitute the Apps and/or the digital contents, unless the upgrades or fixes are subject to a separate license.

 

5.Operating Mode of App and Contents

  • Apps and/or the digital contents are partially used as interface for other offerings of iXensor,such as compatible hardware, or administrative applications for health information. Such offerings may be subject to other conditions and agreements. Furthermore, the Apps and/or the digital contents provide the End User with various functions regarding all aspects of health, as well as a function for digital recording of various activities.
  • In order to use the Apps and/or the digital contents, it is required that the End User signs up for an iXensor user account. Among others, this account is used to correlate the Apps and/or the digital contents to an End User, and restore information in case of loss of data. Via the iXensor user account, the End User is also able to mange his/her contractual relationship with iXensor, and view and retrieve these Conditions at all times.

 

6.Notices on Health

The Apps and/or the digital contents of iXensor do not pose as medical products or medical consultation, and are not a substitute of a medical examination or treatment under any circumstances. Prior to the use of the Apps and/or the digital contents, the End User should consult a physician and discuss the use of the Apps and/or the digital contents with his/her physician. During their use, the user should also have a physician constantly monitor his/her state of health, and immediately seek medical attention when symptoms occur.

 

7.Provisioning by iXensor

  • Following rules of Item 7 only apply to Apps and/or digital contents directly provided to End Users on an individual basis via Apps and/or digital contents by iXensor. Therefore, rules of Item 7 do not include offerings provided in an App Store by an App Store Operator. iXensor will notify the End User and explicitly indicate, when an App and/or any digital contents was not provided by an App Store Operator, but directly by iXensor.
  • In case iXensor provides Apps and/or digital contents according to this Item 7 in return for payment, iXensor will clearly indicate the remuneration for these Apps and/or the digital contents, and clearly and explicitly specify the conditions and information for the download of Apps and/or the activation of digital contents prior to the actual order transaction. This information will also include the respectively acceptable means of payment and payment provisions.
  • A contract on Apps and/or digital contents directly provided by iXensor is concluded, when aforementioned infor- mation was clearly and understandably made accessible to the End User, and the End User explicitly confirms the retrieval of Apps, and/or the activation of digital contents, and these Conditions. This will take effect, when provided in an App, mostly by clicking on an Order button accompanied by the text “order subject to payment”.
  • After the End User has ordered the Apps and/or the digital contents, iXensor will send a confirmation of the order, including instructions on the right of revocation and a copy of these Conditions, to the email address provided in his/her iXensor user account. Subsequently, the App will be downloaded and/or the digital contents will be activated.
  • With the exception of Entrepreneurs, End User are entitled to the right of revocation:

Right of Revocation

You have the right to revoke this contract without giving reasons within fourteen days.

The revocation period is fourteen days after the day the contract is concluded (activation).

In order to exercise your right of revocation you will have to inform us

iXensor Co., Ltd.

9F, No 473, Section 2, Tiding Boulevard, Neuhu District, Taipei City, Taiwan

Email: appsupport@ixensor.com

Telefon: 00886 2 8751 1355

of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post, a fax, or an email). You may use the enclosed sample form sheet for revocation which, however, is not mandatory. You may also electron- ically complete and transmit the sample form sheet for revocation on our webpage [internet address], or any other clear statement. When you make use of this option, we will immediately send you a confirmation (e.g. by email) of the receipt of such revocation. In order to meet the deadline for revocation, it will be sufficient to send the message re- garding exercising the right of revocation prior to the expiration of the deadline for revocation.

Consequences of Revocation

When you revoke this contract, we are required to return all payments received from you immediately and the latest within fourteen days from the date on which we received the message regarding your revocation of this contract. For this reimbursement, we will use the same means of payment you used during the original transaction, unless explicitly agreed with you otherwise; no fees will be charged to you because of this reimbursement in any case.

8.Personal Data (Data Privacy)

iXensor collects, processes and uses personal data of the End User in accordance with applicable data protection laws and to the extent required for the use of Apps and/or digital contents and the implementation of this contract and these Conditions between the end user an iXensor. Specific information is provided in the iXensor Privacy Policy which can be retrieved via the URL of Privacy Policy in Apps and on the website of iXensor.

9.Duties of the End User

  • While signing up for the iXensor user account, the End User has to provide all information truthfully and accurately.
  • The End User must notify iXensor, when it is feared that third parties have gained unauthorized access to the user account and/or the Apps and/or the digital contents of the End User, or when the End User becomes aware of circumstances resulting in the violation of rights of iXensor.
  • The End User should regularly back up his/her data and create backup copies of his/her respective terminal devices in order to protect himself/herself against loss of data.
  • The End User must comply with the notices on health in Item 6 of these Conditions without fail.

10.Liability for Defects and Warranty

  • Apps and/or digital contents mainly correspond to product descriptions in respective App Stores and/or Apps. Product descriptions are merely general information regarding features of Apps and/or digital contents, and are therefore no guaranteed features. As a matter of principle, iXensor does not provide any guarantees, unless they are indicated as such explicitly and in writing.
  • The liability for defects complies with entitlements existing according to applicable legal rules.
  • In case Apps and/or digital contents are provided free of charge, iXensor is liable only for such defects maliciously concealed by iXensor.
  • For deliveries of updates, upgrades, or new App versions and/or digital contents, claims for defects are limited to new features of deliveries of updates, upgrades, or new App versions and/or digital contents compared to the previous versions status.
  • Rules of this Item 10 are applicable to Entrepreneurs, including deviating rules in Item 12 as stipulated.

11.Liability

  • Following liability rules do not apply to violations of life, personal injuries, or injuries to health, as well as on the basis of liability according to the product liability law, or any guaranteed feature of Apps and/or digital contents. Following liability rules do also not apply, when iXensor, or employees, vicarious agents, or institutions of iXensor caused damage through willful intent or gross negligence.
  • If Apps and/or digital contents are subject to payment, iXensor will be liable to the amount of the typical, predictable damage in case of violation of a material obligation caused by slight negligence. A material obligation exists, when this is required to comply with contractual purposes and the End User can rely on compliance.
  • iXensor is liable for indirect and direct damages caused by the End User’s loss of data only to the amount which would have incurred, if backup copies of data had been properly and regularly created by the End User.
  • Apart from that, liability is excluded.
  • Aforementioned liability rules also apply to employees, vicarious agents, or institutions of iXensor.

12.Conditions for Entrepreneurs

  • Entrepreneurs must check the Apps and/or the digital contents for obvious defects immediately after download on the terminal device, or immediately after activation in the App, and notify iXensor immediately of them, if any. Oth- erwise, any warranty for these defects is excluded. The same applies, when such defect is revealed later.
  • Warranty claims of Entrepreneurs due to material defects lapse within one (1) year after initial retrieval of the App and/or activation of the digital contents.
  • General terms and conditions or other conditions of the Entrepreneur do not apply, unless iXensor explicitly agrees to include them in writing.

13.Termination, Notices, and other Rules

  • These Conditions and the contractual relationship between the End User and iXensor are valid indefinitely, unless they are terminated by the End User or iXensor.
  • iXensor reserves the right to terminate these Conditions, if the End User violates the rules of these Conditions.
  • The End User has the right to terminate these Conditions and the use of Apps and/or digital contents anytime by discontinuation of their use and deletion of the Apps and/or the digital contents.
  • iXensor will not modify the Apps and/or the digital contents affecting the functions without prior agreement ob- tained from the End User. If the End User activated the automatic update of applications in the settings of his/her terminal device, the End User explicitly agreed on changes in Apps and/or digital contents by updates, fixes, and other updates beforehand. The End User may revoke this agreement anytime by deactivation of this function. Afore- mentioned function depends on the terminal device, particularly the operating system of the End User. iXensor has no influence on this function.
  • Changes in these Conditions by iXensor can be made after the End User had been notified beforehand. This notifica- tion is sent to the email address provided by the End User in his/her user account, and/or by an explicit indication in the Apps and/or digital contents two (2) weeks the latest before the scheduled change. If the End User does not explicitly object to changes being of editorial nature or relating to loopholes in the rules of these Conditions within two (2) weeks after receipt of the scheduled change, and continues to use the Apps and/or the digital contents, such changes are deemed to have been accepted by the End User. iXensor will separately inform the End User of the right to revocation.
  • Changes of these Conditions are required to be made in writing. This also applies to changes of this Item 13.6.
  • Costs may incur for App Stores, the transmission of Apps and/or digital contents to the End User’s terminal device, as well as the use of Apps and/or digital contents. These costs are not charged by iXensor, but by third parties (e.g. telephone providers). The End User should inquire the respective third party for exact costs of transmission fees beforehand.
  • This agreement is subject to the laws of Switzerland, and is governed, interpreted and enforced in accordance to them. The agreed place of jurisdiction for all disputes resulting directly or indirectly from this contract is the local competent Swiss court in Zurich. The United Nations Convention on Contracts for the International Sale of Goods (CISG) is not applicable.
  • These Conditions annul previous agreements, if any, between the End User and iXensor regarding the Apps and/or the digital contents. If special conditions apply to special products, offerings, and digital contents of iXensor or third parties, the more special conditions have priority over these Conditions.
  • The invalidity of individual rules of these Conditions does not the affect the validity of the remaining rules. Legal regulations apply in such case. The same applies to any loopholes in these Conditions. For Entrepreneurs shall apply that in case of invalidity of individual provisions of these Conditions, a rule shall apply which in terms of economy is closest to the rules of the invalid provision.

14.Option to Retrieve and Save the Contract Text

  • iXensor provide these Conditions in their Apps for retrieval and storage. Furthermore, End Users may view and retrieve these Conditions via the URL of Privacy Policy anytime.
  • The End User is responsible for storing earlier versions of these Conditions sent to his/her email address by iXensor on the basis of Item Ziffer 7.5 in order to protect his/her own interests.

 

Version 1.0, Stand: November 2016

Version 2.0, Stand: April 2017

Data Privacy

Data privacy statement of iXensor Co., Ltd.
iXensor Co., Ltd. takes data protection seriously and in this data privacy statement, we would like to explain to you which data is absolutely necessary, how we use your data and how you can correct or change your details. In our opinion, protec- tion of your privacy is a top priority, which is why we consider compliance with the strict legal data protection regulations to be a matter of course. We are absolutely convinced that data protection starts with transparency. We have therefore made it our objective to make sure you always know when we store which particular aspects of your personal data, how we use it and also how you can restrict its use or even prevent it from being used at all. Our data protection provisions conform to the Swiss Federal Data Protection Act (Bundesgesetz über den Datenschutz; DSG) and the Health Insurance Portability and Ac- countability Act (HIPAA).

1. What is personal data
Personal data includes all information about the personal and material circumstances of a certain or determinable individual person. This includes information and details such as your (real) name, your home address or other address and telephone number. Your e-mail address also forms part of the information if it relates to your name and makes you identifiable. Infor- mation that cannot be used to determine your identity is not part of your personal data. This information includes, for exam- ple, all details without any relation to your name, e.g. only the specification of your gender, your age, your education or your condition of health.

2. Use and disclosure of personal data
iXensor Co., Ltd. undertakes to protect your privacy and only uses your personal information within the company and only discloses such information to companies that are involved in the performance of contracts that have been concluded with you or companies that are otherwise involved in the service provision. Apart from these instances, your personal details are not disclosed to third parties unless you have expressly given your consent to this or if we are obligated to release the infor- mation, for example due to a legal or official order.

3. Establishing contact
When establishing contact with us (for example, by contact form or e-mail), the details of the user are stored for the pur- poses of processing the enquiry and for the eventuality that subsequent questions arise, providing that it is required for pro- cessing.

4. Use of cookies
Cookies are text files that contain information to identify returning visitors exclusively for the duration of the visit to our website. Cookies are stored on the hard drive of your computer, where they do not cause any damage. The cookies from our Internet pages do not contain any personal data about you. Cookies save you from entering data repeatedly, make it easier for you to transmit specific contents and help us to identify the particularly popular areas of our website. This enables us to adapt the content of our website to precisely meet your requirements. If you so desire, you can deactivate the use of cookies at any time by applying the corresponding settings in your browser. Please use your Internet browser’s help function to find out how to change these settings.

5. Data collection and use of third-party tools

Our application uses the third-party tools or services as below:
Amazon Web Services, a cloud service from Amazon.com Inc. You can find more information on this directly on the Amazon site: https://aws.amazon.com/about-aws/

Our website uses Google Analytics, a Web analysis service from Google Inc. Google Analytics uses so-called “cookies”. You can find more information on this directly on the Google site:
http://www.google.com/intl/en-GB/policies/privacy

According to the data protection policy and information from Google, this concerns text files that are stored on your com- puter and facilitate analysis of your use of the website. Information such as the operating system, browser, your IP address, the previous website you visited (referral URL) and the date and time of your visit to our website are collected. The infor- mation generated by this text file about the use of our website is then transmitted to a Google server in the US, where it is stored. Google uses this information to evaluate your usage of our website, to collate reports about the website activity for the website operators and to provide further services related to the use of the website and Internet. If legally required to do so or if third parties process the data on behalf of Google, Google will disclose this information to third parties. The use of the data is anonymised or pseudonymised. Google uses the DoubleClick DART cookie. Users can deactivate the use of the DART cookie by calling up the data protection provisions of the Google advertising network and content advertising network.

No directly personal user data is stored, only the Internet Protocol address. This information serves to recognise you auto- matically the next time you visit our website and to make navigation easier for you. For example, cookies allow us to adapt a website to your interests or to save your password so that you do not have to enter it every time.

It goes without saying that you can also view our website without cookies. If you do not want us to recognise your computer, you can prevent cookies from being stored on your hard drive by selecting “Do not accept cookies” in your browser settings. Please refer to the user guide from your browser provider for more details on how to configure this setting. However, if you do not accept cookies, this can lead to limited functionality of our offering. You can prevent the installation of cookies by configuring the corresponding setting in your Internet browser. To do so, you must deactivate the storage of cookies in your Internet browser. For further details, please refer to the operating instructions for your Internet browser.

6. Collection and storage of usage data
To optimise our website, we collect and store data such as the date and time the page was called up, the page from which you called up our page and similar data. This takes place anonymised, i.e. without identifying the user of the page personally. If necessary, user profiles are created using a pseudonym. In this case, too, there is no connection between the natural per- son the pseudonym stands for and the collected usage data. We also use cookies to collect and store usage data. These are small text files that are stored on your computer and serve to store statistical information such as your operating system, browser, IP address, the previous website you visited (referral URL) and the time. We collect this data exclusively for statisti- cal purposes to further optimise our website and to be able to make our Internet offering even more attractive. The collec- tion and storage takes place exclusively in anonymised or pseudonymised form and cannot be traced back to you as a per- son.

7. Information, right of objection, questions
At any time and free of charge, you may request immediate information about the data stored about you as a person or about a user name assigned to you. We reserve the right to issue this information electronically. Furthermore, you have the right at any time to object to the continued use of your personal data in the future. We do not retain the modified or deleted information. In the event that you request information or issue an objection, you must provide sufficient details for individu- alisation and valid proof that it is your own information. In such cases or if you have any other questions relating to data pro- tection at iXensor Co., Ltd., please contact us at the following e-mail address: info@ixensor.com or by post: iXensor Co., Ltd., 9F., No.473, Sec. 2, Tiding Blvd., Neihu Dist., Taipei City 11493, Taiwan, Tel +886 2 8751 1335.

8. Subject to change
We reserve the right to modify this data privacy statement from time to time taking the legal regulations into account.

 

Version 1.0, Status: November 2016

Version 2.0, Status: April 2017