Terms & conditions
T E R M S A N D C O N D I T I O N S for CRUSE APP (Chronic Urticaria Self Evaluation APP)
Last Updated: November 19th, 2023
These Terms and Conditions of Sale (referred to as “Terms”) govern your installation and use of the Chronic Urticaria Self Evaluation App (referred to as “CRUSE APP”) provided by GA²LEN e.V. (referred to as "us", "we", or "our" as the context may require). GA²LEN e.V., c/o DGAKI, Robert-Koch-Platz 7, 10115 Berlin, Germany (hereinafter “GA²LEN e.V.”) makes the CRUSE APP available for individuals (hereinafter “users,” “user,” “you,” or “your”) to download and use free of charge. The services of the CRUSE APP are offered exclusively on the basis of the following Terms.
By downloading and installing the App, you acknowlegdge that you have read, understand and agree to be bound by these Terms. IF YOU OBJECT TO THese Terms, YOU MAY NOT USE THE CRUSE APP. these TERMS create A BINDING AGREEMENT BETWEEN YOU AND GA²LEN e.V.
1. ELIGIBILITY
You must be a resident of the United States and at least 18 years of age to download the CRUSE APP. Only natural persons are permitted to use the CRUSE APP. You may use the CRUSE APP only for your personal use, unless GA²LEN e.V. has permitted other uses based on a separate written agreement.
If you are not the intended audience for the CRUSE APP, violate the Terms, or do not agree to the Terms, then your access to and use of the CRUSE APP is unauthorized.
2. CHANGES TO THE TERMS
The current Terms can be viewed both in the CRUSE APP and on the website under https://cruse-control.com/Terms-and-conditions. GA²LEN e.V. reserves the right at its sole discretion to change, revise, add to, remove from, and otherwise modify the Terms at any time. GA²LEN e.V. will notify the user of any intended change in advance by prominently displaying that we have made changes at the top of these Terms or providing notice in another manner. If you do not agree to those changes, you can no longer utilize the CRUSE APP.
3. SCOPE AND APPLICABILITY
3.1. Supported Systems.
The CRUSE APP is available as a mobile app for iOS and Android. These Terms apply regardless of the systems, platforms and devices used (e.g. iOS or Android) on which the app is running.
With respect to the CRUSE APP as made available in the Apple App Store and in Google Play, the user and GA²LEN e.V. each acknowledge that these Terms are between you and GA²LEN e.V. only, and not with Apple or Google.
3.2. Geographic Restrictions.
These Terms apply to users from the United States. You agree not to, directly or indirectly, use, download, transmit, deliver, send, export or re-export the CRUSE APP to any foreign country in violation of any applicable laws or regulations including but not limited to any of the United States export control laws and regulations.
4. USING THE CRUSE APP
4.1. Downloading the CRUSE APP.
You may download and install the CRUSE APP from the Apple App Store, or from Google Play
4.2. User Account, Password, and Security
a) You are not required to register an account with GA²LEN e.V to use the CRUSE APP. However, the data you share though the CRUSE APP is stored in our backend servers but not on the CRUSE APP itself. If you do not register an account, but acquire a new phone, the data you share through the CRUSE APP is not portable to your new phone. Therefore, we recommend that you register an account when using the CRUSE APP.
b) If you choose to register a user account, you will be required to share your e-mail address and create a password for the account. During the registration process, GA²LEN e.V. will send you a confirmation link to the email address provided. After setting up your user account, the data you enter into the CRUSE APP is stored on the servers of Peercode, the software service provider for GA²LEN e.V. In this instance, the collection, processing, use, transfer, and storage of the data entered when using the CRUSE APP will be handled in accordance with our privacy policy, available at https://cruse-control.com/privacy-policy.
c) When using a registered account, the user is solely responsible for keeping the user’s login details secret. The user is solely responsible for all usage or activity in the CRUSE APP that occurs under the account, including, but not limited to, use of the CRUSE APP by any person who uses the account, with or without authorization.
d) If the user loses a password or the end device on which the CRUSE APP was installed without further backup/protection, if there is a suspicion of misuse of the user account, or if there is any other breach of security on the user account, the user agrees to immediately inform GA²LEN e.V. GA²LEN e.V. will not be liable for losses incurred as a result of an unauthorized use of a password, device or account.
4.3. User Obligations
a) The user must provide the necessary hardware to use the CRUSE APP and is obliged to independently check the compatibility of the CRUSE APP with the operating system used. The technical requirements can be viewed in the respective app stores. The user is also responsible for using (and updating) virus protection software on the end device.
b) When registering for an account, the user's data must be truthful.
c) The user is responsible for the completeness and correctness of all inputted data, including information on the state of his health when answering medical questions. To use the CRUSE APP as intended, you must provide correct, regular, and complete entries. There is no obligation for GA²LEN e.V. to verify the data you enter into the CRUSE APP. If the data entered is incorrect, incomplete and/or not updated, results obtained may be inaccurate.
d) The user represents and warrants that (i) the user is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) the user is not listed on any U.S. Government list of prohibited or restricted parties.
e) The user must comply with applicable third-party terms of agreement when using the CRUSE APP.
4.4. User Restrictions.
The user may only use the CRUSE APP for lawful purposes and in accordance with these Terms. The user agrees that the user will follow the restrictions set out below and will not encourage or facilitate others to violate these restrictions.
a) The user may not use the CRUSE APP in any way that infringes the intellectual property rights or other rights of GA²LEN e.V. or any third party.
b) The user may not use the CRUSE APP in any way that violates any applicable law, self-regulatory rules, industry rules, or governmental regulations.
c) The user may not retrieve or copy data or other content from the CRUSE APP for purposes of creating or compiling that content for any purpose other than the user‘s personal use of the CRUSE APP as permitted by these Terms.
d) The user may not submit inaccurate information via the CRUSE APP (including misrepresenting your affiliations with any institution), commit fraud or falsify information in connection with your use of the CRUSE APP, or act maliciously against the business interests or reputation of GA²LEN e.V.
e) The user may not impersonate or attempt to impersonate another user or person.
f) The user may not sell or otherwise transfer your account.
g) The user may not attempt to compromise the integrity or security of the CRUSE APP.
h) The user may not tamper with, obscure or disable any element of the CRUSE APP or any materials on or associated with the CRUSE APP.
i) The user may not post or share anything that is illegal, abusive, harassing, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable.
j) The user may not engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the CRUSE APP.
k) The user may not attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect or restrict access to the CRUSE APP.
l) The user may not upload, post, or transmit viruses, Trojan horses, worms, time bombs, cancelbots, malware, adware, or other harmful, disruptive or destructive files or computer programming routines, including those that may damage, interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.
m) The user may not copy, publish, resell, offer for sale, redistribute, display, lend, share, or reverse engineer the CRUSE APP.
5. OWNERSHIP
5.1. Intellectual Property.
GA²LEN e.V. has all rights, title, and interest necessary to provide the CRUSE APP, including, without limitation, all related intellectual property rights. The user does not acquire any rights, express or implied, in the CRUSE APP other than those specified in these Terms.
5.2. Protected Content.
The content, information, images, logos, videos, documents, source code, databases and other trademark, identification, domain and patent rights made accessible via the CRUSE APP and website are protected by copyright and are licensed by GA²LEN e.V. or third parties or are licensed by them. (“Protected Content”) The user may only use this Protected Content for the contractually permitted purposes, i.e. for private, non-commercial use. Reproduction, distribution or other unauthorised disclosure and use of the Protected Content and the code of the CRUSE APP is prohibited and can only take place after obtaining the express written consent of GA²LEN e.V.
5.3. User Content.
The CRUSE APP may provide users with the ability to add, create, upload, or submit content on or through the CRUSE APP (collectively, “User Content”). If you provide any User Content (“Your Content”), you acknowledge that we: (1) have the right to reproduce, translate, encode, publish, use, and distribute any and all of Your Content to the extent necessary to provide and operate the CRUSE APP; (2) have the right to deidentify or aggregate any and all of Your Content and to use such deidentified or aggregated data for any lawful purpose, including, without limitation, improving the CRUSE APP and for scientific research purposes and that we are the sole and exclusive owner of all rights in the deidentified or aggregated data; and (3) are not responsible or in any way liable for any corruption, misdelivery, or other loss of any of Your Content. As between you and us, you own all rights, title, and interest in and to Your Content.
5.4. Support.
We have no obligation under these Terms to provide support, maintenance, upgrades, modifications, or new releases of the CRUSE APP unless otherwise stated in these Terms. The user and GA²LEN e.V. each acknowledge that Apple and Google have no obligation to furnish any maintenance or support services with respect to the CRUSE APP.
5.5. Links from the CRUSE APP.
If the CRUSE APP contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the CRUSE APP, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
6. TERMINATION
6.1. Term.
The term of this agreement commences when you download or install the CRUSE APP and will continue in effect until terminated by you or GA²LEN e.V.
6.2. Right to Terminate.
Under applicable law, each party reserves the right to terminate without notice.
a) You may terminate these Terms by deleting the CRUSE APP and all copies of the CRUSE APP from your device.
b) GA²LEN e.V. reserves the right to terminate without notice for any reason, including, without limitation: (1) for lack of use; (2) if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms; or (3) in the case of any activity by you that may harm us or other users, including, but not limited to, fraud, abuse of privileges, or misuse of the CRUSE APP. We also reserve the right to discontinue providing the CRUSE APP at any time with no liability to you. You agree that we will not be liable to you or any third party for any such termination or discontinuance.
6.3. Effect of Termination.
Upon termination of these Terms, all rights granted to you under these Terms will terminate and you shall immediately discontinue use of the CRUSE APP. Upon such termination, you must cease all use of the CRUSE APP and delete all copies of the CRUSE APP from your end device. Termination will not limit any of GA²LEN e.V.’s rights or remedies at law or in equity.
7. DISCLAIMERS AND LIMITATION OF LIABILITY
7.1. Disclaimer of Warranty.
THE CRUSE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GA²LEN e.V. MAKES NO EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO THE CRUSE APP AND EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE, QUIET ENJOYMENT, QUIET POSSESSION, OR NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE CRUSE APP, OR ANY OF THE RESULTS FROM THE USE THEREOF, WILL MEET YOUR, OR ANY THIRD PARTY’S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE WITH ANY SOFTWARE, SYSTEMS, OR OTHER SERVICES OR BE SECURE, ACCURATE, COMPLETE, OR FREE OF HARMFUL CODE. WE EXPRESSLY DISCLAIM THAT THE CRUSE APP WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE.
WE DO EXPRESSLY DISCLAIM THAT ANY DATA, COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER INFORMATION THAT WE COLLECT, STORE, OR TRANSMIT IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE CRUSE APP WILL BE ERROR FREE OR THAT YOU WILL BE FREE FROM LOSS OF DATA. YOUR ACCESS TO AND USE OF THE CRUSE APP, DOWNLOAD OF ANY SOFTWARE RELATING TO THE CRUSE APP AND USE OF ANY INFORMATION WE MAY PROVIDE, OR RESULTS GENERATED, THROUGH OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF THE CRUSE APP IS AT YOUR SOLE OPTION, DISCRETION AND RISK. THE USER MAY NOTIFY APPLE OR GOOGLE RESPECTIVELY IN THE EVENT OF ANY FAILURE OF THE CRUSE APP TO CONFORM TO AN APPLICABLE WARRANTY, WHERE APPLE OR GOOGLE RESPECTIVELY WILL HAVE NO WARRANTY OBLIGATION TO THE MAXIMUM EXTENT PERMITTED BY LAW OTHER THAN TO REFUND ANY PURCHASE PRICE OF THE CRUSE APP TO THE USER.
SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS OF IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
7.2. Limitation of GA²LEN e.V. Liability
a) WITHOUT LIMITING ANYTHING SET FORTH IN THESE TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO YOUR ACCESS TO AND USE OF THE CRUSE APP SHALL BE THE AMOUNT OF $100. You and GA²LEN e.V. acknowledge that GA²LEN e.V., not Apple or google is responsible for addressing any claims, INCLUDING CLAIMS INVOLVING INFRINGMENT OF INTELLECTUAL PROPERTY, that you or any third party have relating to the CRUSE APP.
b) IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE CRUSE APP OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR ACCESS TO OR USE OF THE CRUSE APP, INCLUDING CLAIMS FOR LOSS OF DATA.
c) THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR GA²LEN e.V. WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
d) SOME JURISDICTIONS, INCLUDING NEW JERSEY, DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7.3. Deleted Data.
If you have not registered an account in the CRUSE APP, GA²LEN e.V. will be unable to restore or return any lost or deleted data you entered into the CRUSE APP. If you have registered an account in the CRUSE APP, upon your request, we will take commercially reasonable efforts to restore any lost or deleted data you entered into the CRUSE APP but do not guarantee that we can restore such lost or deleted data.
7.4. Use of an Unsuitable Operating System.
GA²LEN e.V. is not liable for damage resulting from the use of the CRUSE APP with a version of the operating system, browser or corresponding programs that are not or no longer supported, or from using a manipulated end device (in the sense of unauthorized intervention in the program code of the end device). The user must bear all consequences, disadvantages or damage resulting from such uses.
7.5. Using an old App Version.
If a version update of the CRUSE APP is made available, the unauthorized continued use of the old app version is contrary to this contract and deemed a violation of these Terms. User is solely responsible for and any losses or damages resulting from use of an outdated App Version and uses such outdated App Version at its own risk. User expressly releases GA²LEN e.V. from any liability to user or any third party as a result of the user working with an old version of the CRUSE APP.
7.6. The CRUSE APP DOES NOT PROVIDE MEDICAL ADVICE
a) THE CONTENT, SUCH AS TEXT, GRAPHICS, IMAGES, AND OTHER MATERIALS, CREATED OR PROVIDED BY THE CRUSE APP (“OUR CONTENT”) IS FOR INFORMATIONAL PURPOSES ONLY. OUR CONTENT DOES NOT AND IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR RECOMMENDATION. GA²LEN E.V. DOES NOT PROVIDE MEDICAL ADVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR MEDICAL DIAGNOSES, RECOMMENDATIONS, OR THERAPIES. THE CRUSE APP DOES NOT PROVIDE CLINICAL DIAGNOSIS OR MEDICAL ADVICE. IT IS SOLELY THE RESPONSIBILITY OF THE USER TO SEEK MEDICAL ADVICE FROM A QUALIFIED HEALTH CARE PROVIDER. GA²LEN E.V. ALSO ASSUMES NO LIABILITY AND MAKES NO GUARANTEES THAT ANY ONGOING TREATMENT PATH WILL BE SUCCESSFUL.
b) THE DATA AND INFORMATION PROVIDED AS PART OF THE CRUSE APP ARE NOT ALLOWED TO BE USED FOR THE UNAUTHORIZED ADJUSTMENT OR SUSPENSION OF ONGOING TREATMENT AND CANNOT ANTICIPATE OR REPLACE A MEDICAL CHECK OR THERAPY DECISION. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. THE INFORMATION TAKEN FROM THE CRUSE APP SHOULD NEVER BE USED AS A REASON TO DISREGARD THE QUALIFIED ADVICE OF A DOCTOR, TO POSTPONE AN APPOINTMENT OR TO NOT SEEK MEDICAL HELP.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. GA²LEN E.V. DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIANS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED IN THE CRUSE APP. RELIANCE ON ANY INFORMATION PROVIDED BY GA²LEN E.V., GA²LEN E.V. EMPLOYEES, OTHERS APPEARING ON THE CRUSE APP AT THE INVITATION OF GA²LEN E.V., OR OTHER VISITORS TO THE CRUSE APP IS SOLELY AT YOUR OWN RISK.
c) THE USER IS ALSO AWARE THAT THE DATA DISPLAYED IN THE CRUSE APP DEPENDS SIGNIFICANTLY ON THE QUALITY AND FREQUENCY OF HIS DATA ENTRY. THE USE OF THE CRUSE APP AS A THERAPY-ACCOMPANYING AID IS DEPENDENT ON THE COMPLETENESS, CORRECTNESS, AND REGULARITY OF THE DATA ENTRY.
d) THE INFORMATION PROVIDED AS PART OF THE CRUSE APP IS NOT EXHAUSTIVE. YOU USE THE CRUSE APP, THE INFORMATION PROVIDED IN THE CRUSE APP AND ITS FUNCTIONALITY AT YOUR OWN RISK.
8. FINAL PROVISIONS
8.1. Governing Law.
All disputes arising out of or in connection with these Terms are subject to the laws of Germany. The Parties shall resolve any disputes arising out of or in connection with these Terms in the courts of Berlin, Germany. Each party agrees to submit to the exclusive jurisdiction of such courts in resolving any disputes. These Terms do not limit any mandatory rights that the user may have as a consumer in his own jurisdiction.
8.2. Assignment.
These Terms are only binding between the user and the GA²LEN e.V. We reserve the right to transfer, assign, sublicense or pledge these Terms, in whole or in part, to any person without notice to you. You may not assign, sublicense, pledge, or otherwise transfer in any manner whatsoever any of your rights or obligations under the Terms.
8.3. Third Party Beneficiary.
The user and GA²LEN e.V. acknowledges and agrees that Apple, and Apple’s subsidiaries, and Google and Google’s subsidiaries, are third party beneficiaries to these Terms.
8.4. Waiver.
If GA²LEN e.V. fails to exercise or delays to exercise any of its rights or powers under these Terms, such failure or delay shall not constitute any waiver of any right or power of these Terms and will not mean that the user does not have to comply with those obligations. This also applies if GA²LEN e.V. does not enforce its rights against the user or delays such enforcement.
8.5. Survival.
If a court finds parts of this contract illegal, invalid or unenforceable, the rest will continue in force. Each of the paragraphs and sub-clauses of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. The invalid or unenforceable clause will be superseded by a valid and enforceable provision that most closely matches the intent of the original.
8.6. Severability.
If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, any warranty disclaimers and limitations of liability set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
8.7. Electronic Communications.
The communications between you and GA²LEN e.V. use electronic means. For contractual purposes, you: (1) consent to receive communications from us in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically, including, without limitation, these Terms, satisfy any legal requirement that such communications would satisfy if they were provided in a hardcopy writing. The foregoing does not affect your non-waivable rights.
8.8. Entire Agreement.
These Terms constitute the entire agreement between the User and GA²LEN e.V. with regard to its subject matter. These Terms supersede all prior discussions, negotiations, representations, or agreements between the Parties.
8.9. CONTACT US
If you have any questions about these Terms, please contact us by:
Mail:
GA²LEN e.V.
c/o DGAKI
Robert-Koch-Platz 7
10115 Berlin
Email: cruse@ga2len.berlin