Terms of Service

Version: April 2016

I. Scope

1. These Terms of Service establish the conditions for use of the online portal and the content and functionality on the portal which is available at www.cyberobics.com and www.cyberobics-business.com (hereinafter referred to individually as the “Website”).

2. These Terms of Service establish the conditions for use of the Website and the content on the Website. The latest version of the Terms of Service is available on the website.

3. The website operator is CYBEROBICS GmbH, Saarbrücker Straße 38, 10405 Berlin, Germany Tel. +49 (0)30 540 0000, E-mail info@cyberobics.com (hereinafter referred to as “CYBEROBICS”). Further contact information, commercial registry information, and the name of an authorized person at CYBEROBICS GmbH is available in the Legal Information section.

4. The contract language is German.

II. Use of the Website

1. By using the Website, you confirm that you have read and understood the applicable Terms of Service at the time of use and you accept their validity. If you do not agree to these Terms of Service, you cannot use the Website.

2. CYBEROBICS is entitled to modify or supplement the Terms of Service for use of the Website at any time; changes or supplements take effect once they are announced on the Website. All changes or supplements to these Terms of Service require written form (section 126b of the German Civil Code); this also applies in the case of a change to this provision.

3. Use of the Website is free of charge. There are no warranty claims in relation to usage.

III. Usage rights

If there are copyrights, trademark rights, or other intellectual property rights relating to the Website or its content, these rights belong to CYBEROBICS or contractual partners of CYBEROBICS. You are entitled to use the content provided on the Website exclusively for informational purposes and you undertake not to use any content on the Website, whatever its form, in any other way. In particular, any reproduction of content or sharing with third parties requires the express prior consent of CYBEROBICS in writing.

IV. Your behavioral obligations on the platform

You undertake to refrain from any actions which may impair and/or unduly burden the operation of the Website or the supporting technical infrastructure or unlawfully use content on the Website that is protected by copyright, trademark, or other form of protection. Such actions include the following, in particular:
•    use of software, scripts, or databases in conjunction with use of the Website;
•    blocking, overwriting, modifying, copying of data, and/or other content, insofar as this is not necessary for proper use of the Website;
•    reproduction and/or distribution and/or public communication of content available on the Website that is protected by copyright, trademark, or other intellectual property rights, insofar as this is not expressly permitted by CYBEROBICS in writing or is unequivocally provided for authorized use on the Website.

V. Health information

Please take note of our health information, which you can access here at any time.

VI. Security, availability, and functionality of the platform

1. The information provided on the Website is compiled by CYBEROBICS with the utmost care. However, CYBEROBICS offers no guarantees regarding the completeness or accuracy of this information. Furthermore, CYBEROBICS accepts no responsibility for errors in the content on the Website.

2. CYBEROBICS strives to ensure smooth operation of the Website and enable constant availability of the Website. However, CYBEROBICS notes that complete and continuous availability of the Website is not technically feasible. No claims are therefore made regarding fault-free operation or specific availability of the Website. CYBEROBICS in particular reserves the right to limit access to the Website due to maintenance work, capacity issues, or other events in whole or in part, temporarily or permanently.

3. Furthermore, no claims are made regarding maintenance of specific functions on the Website. There are also no claims made regarding maintenance of the Website operation itself. CYBEROBICS may modify, remove, or impose further conditions on all information provided on the Website as well as all services and functions at any time, in whole or in part, as well as make new services and functions available. Furthermore, CYBEROBICS may discontinue the Website completely at any time.

VII. Hyperlinks

The Website may contain links (“hyperlinks”) to other websites on the Internet whose content is maintained by third parties. Use of these hyperlinks is at your own risk. CYBEROBICS only provides access to these websites and has no influence on the technical design or content of the websites.
CYBEROBICS does not make any claim to the content on the linked websites, but rather hereby expressly distances itself from all content on all linked websites. CYBEROBICS assumes no liability for the technical design or content of the linked websites, in particularly with regard to any infringements of legal provisions or rights of third parties (e.g. copyrights, trademarks, or personal rights).
If CYBEROBICS becomes aware of any unlawful content on the linked sites, CYBEROBICS will promptly remove the hyperlinks or content from the Website. If you notice any unlawful content, please contact info@cyberobics.com.

VIII. Liability

1. CYBEROBICS is only liable without limitation, for whatever legal reason, in the case or intent or gross negligence.

2. In the case of mild negligence, CYBEROBICS is only liable for obligations which are essential for the user’s use of the Website (cardinal obligations), however in these cases the amount is limited to damages relating to typical usage foreseeable on commencement of usage. Cardinal obligations are obligations which enable appropriate usage and on which the user regularly depends.

3. These liability limitations also apply in the case of fault on the part of employees, vicarious agents, or executive body members of CYBEROBICS.

4. The liability limitations shall not apply in the case of personal injury and in the case of a liability in accordance with the product liability law, unless these damages were caused by a violation on your part of the provisions of item IV of these Terms of Service.

IX. Data privacy

When using the Website, personal information relating to you is collected and used by CYBEROBICS. The type and scope of the data collection and use is stated in the CYBEROBICS Privacy Policy, which you can consult here at any time.

X. Final provisions

1. If one or more of the provisions of these Terms of Service should be or become invalid, the validity of the remaining provisions shall not be affected.

2. The laws of the Federal Republic of Germany shall apply, to the exclusion of the provisions of the United Nations Convention on Contracts for the International Sales of Goods.

3. If you are a merchant as defined by the German Commercial Code, a legal person under public law, or a special fund under public law, the place or jurisdiction for any disputes arising from and relating to use of the platform shall be Berlin, irrespective of the legal basis.