By accessing and using our services, you agree to our comprehensive terms of use, which ensure fair and safe use.
The following General Terms of Use govern the contractual relationship between nyra health GmbH, Kettenbrückengasse 23/1/12, 1050 Vienna, Austria (hereinafter referred to as "nyra health GmbH"), and the user of the nyra therapy" app (hereinafter referred to as the "User").
nyra health GmbH offers mobile applications to support neuro-therapy.
These General Terms of Use apply to all users of the app, regardless of whether they are consumers or businesses, and regardless of their residence or habitual abode in the United States.
For the sake of readability, gender-specific language is omitted; all personal designations apply equally to all genders.
nyra health GmbH offers a paid version of the "nyra therapy" app through the Apple App Store and the Google Play Store for use on the User's own device. This is a subscription model with billing occurring in advance.
nyra health GmbH reserves the right to offer its services on other platforms for a fee.
To use the "nyra therapy" app, the User must first register with their name, email address, and a password of their choice. Registration is free; costs arise only upon booking paid subscriptions.
The User must be at least 18 years old and have full legal capacity at the time of registration. Minor users or users who do not have full legal capacity can only be registered by their legal representative.
nyra health GmbH reserves the right to change or discontinue free services at any time.
The User has the option to obtain the "nyra therapy" app on their device through the Apple App Store or Google Play Store.
The contract is concluded when the User, after registration, confirms the subscription or later clicks on the "Buy Now" button (or a comparable field) within an in-app purchase and, if necessary, enters their password for the respective app store.
nyra health GmbH provides the User with the contract text and the Terms of Use upon conclusion of the contract. The User can view the paid subscriptions they have booked and their duration at any time in their user account.
Users have the option to book subscriptions for the use of the "nyra therapy" app through the Apple App Store or Google Play Store.
The initial term automatically extends by the originally chosen period unless the User terminates the subscription in due time. The User can cancel the subscription at any time up to 24 hours before the end of the current term.
The right of both contractual parties to terminate the contract extraordinarily without notice for good cause remains unaffected.
The prices for the current price and subscription models, as well as the available services, can be found on the website https://www.nyra.health/.
All mentioned prices include any applicable taxes.
If the User purchases services for a fee through installation or in-app purchases, billing is carried out via the provider of the respective app store.
Vouchers and activation codes can be redeemed during the ordering process. The invoice amount is reduced accordingly. Vouchers are redeemable only once within the specified period and are not redeemable for cash.
When purchasing a subscription, the fee is collected in advance at the time of contract conclusion for the respective minimum term.
If the subscription is automatically extended, the fee is collected in advance at the beginning of the respective extension period.
In the event of payment default, nyra health GmbH expressly reserves the right to assert further claims.
The "nyra therapy" app and its contents, including graphical and audio elements, are protected by copyright.
The User receives a simple, non-transferable right to use the contents personally within the app for the duration of the contractual term.
The license for the "nyra therapy" app can be used on multiple devices of the User, provided they are connected to the User's account.
The contents of the "nyra therapy" app may not be copied, edited, or otherwise reused unless permitted by law.
The license to use the contents or access to the contents may not be transferred or made available to third parties.
The "nyra therapy" app is not a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health providers with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on or through the app.
nyra health GmbH is not liable for therapeutic success resulting from the use of the app. Use is at the User's own responsibility; nyra health GmbH is not liable for application errors by Users.
Limitation of Liability:
For Consumers: nyra health GmbH's liability for damages arising from injury to life, body, or health is unlimited if based on an intentional or grossly negligent breach of duty by nyra health GmbH or its legal representatives or agents.
For other damages, nyra health GmbH is liable only in cases of intent and gross negligence. In cases of simple negligence, nyra health GmbH is liable only for breach of essential contractual obligations (cardinal obligations) and limited to the typical contractual, foreseeable damage.
For Businesses: nyra health GmbH's liability is in any case limited to the typical contractual, foreseeable damage.
Compensation for indirect damages, consequential damages, or lost profits is excluded.
Product Liability: Liability under the applicable product liability laws remains unaffected.
nyra health GmbH reserves the right to change these Terms of Use, provided the changes are reasonable for the User.
nyra health GmbH will inform the User of changes at least four weeks before they take effect, in writing. If the User does not object to the changes within four weeks after receiving the notification, the changes are considered accepted. nyra health GmbH will specifically inform the User of the right to object and the consequences of inaction in the notification.
If the User objects to the changes in a timely manner, both parties may terminate the contract extraordinarily.
For Consumers: Mandatory consumer protection provisions of the state or country in which the Consumer has their habitual residence remain unaffected.
Any disputes arising under or in connection with these Terms of Use shall be subject to the non-exclusive jurisdiction of the courts in the User's place of residence.
For Businesses: The place of jurisdiction for all disputes arising from contractual relationships between nyra health GmbH and the User is the registered office of nyra health GmbH.
Should any provision of these General Terms of Use be invalid or unenforceable, the validity of the remaining provisions shall not be affected. In place of the invalid or unenforceable provision, a valid provision that most closely approximates the economic purpose of the invalid provision shall be deemed agreed upon.
Amendments and additions to these General Terms of Use must be in text form. This also applies to the amendment of this text form requirement.
