Limitation of Liability
Despite careful monitoring of contents, we do not assume any liability for the contents of external links. The operators of pages are solely responsible for the content of the linked pages. Errors excepted.
1. PURPOSE OF POLICY
We are committed to protecting your privacy. We created this Privacy Policy (“Policy”) to give you confidence as you visit and use the rewellio website and mobile application, and any other related services provided by us (collectively, the “Service”). This Policy covers how we collect, use, store, and share your
information when you use our Service. The provisions of our Terms of Use [link einfügen] apply to this
Policy as well. All references to “we”, “us”, “our”, or “rewellio” refer to Rewellio GmbH, an Austrian limited
liability company with its registered seat in Bad Ischl, registered under company register number 466473s
of the regional court Wels, Jainzentalstraße 8/19,4820 Bad Ischl. We are “controller” in accordance with
Art. 4 of the EU General Data Protection Regulation (hereinafter referred to “GDPR”). All references to
“you”, “your”, “user”, “Therapist”, and “Patient” shall have the meanings ascribed to them in our Terms of
Use. Any capitalized terms not defined herein shall have the definition ascribed or attributed thereto in
ourTerms of Use.Do not hesitate to contact us at info@rewellio.com if you have any questions or want to
discuss this Policy.
2. INFORMATION WE COLLECT AND HOW WE USE IT
Required Information You Voluntarily Provide Us.
When you sign up for an account through the Service, you will be required to provide us with various
information that is, or may be, considered personally identifiable information.
For Patients, this information may include:
– your first and last name;
– your telephone number;
– your date of birth;
– your sex;
– your preferred language;
– your email address;
– your physical or mailing address;
– your therapist / therapy institution and
– certain medical information, including any diagnosis you have been given and any existing course of
therapy to treat such diagnosis.
For Therapists, this information may include:
– your first and last name and name of the therapy institution you work at;
– your address;
– your telephone number;
– your date of birth;
– your preferred language; and
– your email address.
The collection and processing of this data is necessary in order to provide the Service. We will
automatically delete this information if the collection and processing is not necessary anymore in order to
provide the Service. The collection of data is based on on Art. 6 para 1 lit b GDPR (necessary for the
performance of a contract).
Information We Collect With Your Permission as You Use the Service.
In addition to the information you voluntarily provide us, if Patient gives his or her permission, we will
collect certain of Patient’s medical information relating to Patient’s use of the Service (referred to herein
and in the Terms of Use as the “Data”), including signals from the Patient’s brain to the Patient’s hand, and
Patient’s improvement over time as a result of using the Service. In particular, the exercise and the time of
exercising is collected, as well as the analysis of the exercise (e.g. scored points, number of repetitions etc.)
and the moves of the Patients and reaction time. Data may be collected from either Patients or Therapists,
and is collected for the purpose of providing and improving the Service. While the Data is provided to us
only with your permission, some aspects of the Service may not be available if you choose not to provide
us with the Data.
We will automatically delete this information if the collection and processing is not necessary anymore in
order to provide the Service.The collection of data is based on on Art. 6 para 1 lit a GDPR (prior given
consent).
How We Use Your Information
We use this information for the purposes described in this Policy and in our Terms of Use andin furtherance
of providing you with the core aspects of the Service. Additionally, by registering for an account via the
Service, you agree that we may use this information, including your email address, to send to you
information regarding Updates to the Service, problems with the Service, and any other communications
pertaining to the functionality of the Service.
Cookies.
We use cookies to remember you as a user of the Service and to streamline the functionality of the Service.
These are first party cookies, not third party cookies, meaning that the cookies are only used to track your
activity on the Service, and not on third party sites or services.
We automatically collect certain information about you as you use the Service, including, without
limitation, through cookies on the rewellio website and in-app tracking when you use our App. This may
include information about the way you use the Services, the parts of our Services you use and third party
apps or websites you visit when you leave our Services.
We will collect this data in order to:
– be able to provide our website and our app and in order to improve and develop our website and app;
– create a user analysis;
– identify, prevent and investigate attacks on our website and our app; and
– reply to your requests.
The data processed by cookies are necessary for the mentioned purposes of the legitimate interests
pursued by us or third parties according to Art. 6 para 1 lit f GDPR.
Other Anonymous Data We Collect.
On our website we use Google Analytics, which is a web analysis service of Google Inc., 1600 Amphitheatre
Parkway, Mountain View, California, 94043 USA (hereinafter referred to as “Google”). Google Analytics uses
cookies, which are text files placed on your computer, to help the website analyze how users use the site.
The information generated by the cookie about your use of the website (including your IP address) will be
transmitted to and stored by Google on servers in the United States. In case of activation of the IP
anonymization, Google will truncate/anonymize the last octet of the IP address for Member States of the
European Union as well as for other parties to the Agreement on the European Economic Area. Only in
exceptional cases, the full IP address is sent to and shortened by Google servers in the USA. On behalf of
the website provider Google will use this information for the purpose of evaluating your use of the website,
compiling reports on website activity for website operators and providing other services relating to
website activity and internet usage to the website provider. Google will not associate your IP address with
any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on
your browser. However, we point out that if you do this, you may not be able to use the full functionality of
this website. Furthermore you can prevent Google’s collection and use of data (cookies and IP address) by
downloading and installing the browser plug-in available under
https://tools.google.com/dlpage/gaoptout?hl=en
On our mobile app we use Unity3d Analytics, which is a service by Unity Technologies, 30 3rd Street, San
Francisco, California, 94103, USA (hereinafter referred to “Unity”). Unity has collected device information,
like IP address and device identifiers, as well as events completed or actions taken within the app,
including level, number of credits, time it took you to earn them, metadata about in-app communications
and the value and details of purchases. Using Unity systems, we have ongoing access to this data. This
collection and use of data makes it possible for your experience to operate as expected by permitting you
to do things like redeem rewards you have earned or return to where you left off in a rehab session. Other
Unity customers may have access to aggregated reports about activity in general across a number of
activities. These reports are based, in part, on your activities, but do not specifically identify you or your
device. The reports described in this paragraph help us make decisions on optimal methods to run the app
we have made for you. For example, we may need to know the types of devices running the app to
determine how to support updates on an ongoing basis. Some data collected by Unity Analytics may be
used by Unity Ads for personalized advertising. If you are in the EU and do not wish to be targeted in this
manner, the first Unity ad you see in an app explains how you can opt-out of data collection in that
particular app. You can opt-out then or at any time by clicking or tapping the “ℹ” button (or Data Privacy
icon) on any ad you see (the “ℹ” button or Data Privacy icon will also allow you to access the data that is
collected about you in that particular app). Also, you may see certain “brand” advertising within the Unity
ad network (a brand ad is advertising for products that are not games, such as ads for an airline travel deal
or a soft drink). Unity gets these ads from third-party networks. Unity does not permit these third parties to
add your app usage to their marketing database, except for a few exceptions, which Unity specifically lists
in the Advertising Choices section of their Privacy Policy
(https://unity3d.com/de/legal/privacy-policy?_ga=2.211586709.1424961077.1530092055-1692041807.1530
092055). The small subset of third parties listed are clearly noted as being permitted by Unity’s contracts to
use the fact that you use the particular Service in their future targeting of ads to you for other non-Unity
parties. The remaining parties listed have been clearly noted as not permitted to maintain data about the
ad they served you through the Unity network for future use. Please note that if you have told Unity not to
target you or you have exercised choices directly with these third parties, this information will not be
maintained or used by Unity or these third parties. Please note that if you have elected to not have your
data collected by Unity, Unity does not send your advertising identifier to any third party, and you will
receive only contextual advertising inside our network. You may also visit the third parties listed in Unity’s
Privacy Policy
https://unity3d.com/de/legal/privacy-policy?_ga=2.211586709.1424961077.1530092055-1692041807.15300
92055 (at the links provided) to see the types of data that these parties have about you based on your
device’s advertising identifier. Please review the section “What are my privacy choices for advertising?”
https://unity3d.com/de/legal/privacy-policy?_ga=2.211586709.1424961077.1530092055-1692041807.15300
92055 to learn more about how to exercise choice with regard to personalized ads.
The data processed by third party services are necessary for the mentioned purposes of the legitimate
interests pursued by us or third parties according to Art. 6 para 1 lit f GDPR.
Do Not Track Signals.
To the extent that we receive any Do-Not-Track signals, we will not comply with them.
3. HOW WE SHARE YOUR INFORMATION
Information Shared By You Through The Service
.Patients may share their personal information, including the Data, with Therapists. Likewise, Therapists
may share their personal information with Patients.
Our Personnel.
To be able to effectively provide you with the Service, and to improve the functionality of the Service, we
may disclose your information to our personnel, including our employees, contractors, agents and
vendors, to the extent that such persons or entities have a need-to-know such information in furtherance
of the Service. In the event we charge a Subscription Fee, we may also share information with our vendor
who provides payment processing.
Sale of Company or Assets.
In the event that we sell all or substantially all of our company or its assets, including the user information
collected through our Service, we may transfer your information to the acquiring company. However, we
will notify you before we do so.
Other Third Parties.
In addition to our practices described above and in accordance with Art. 6 GDPR, we may only share your
information if
a. you have given consent to the disclosure of your personal data for one or more specific purposes;
b. disclosure is necessary for the performance of a contract to which you are party or in order to take steps
at your request prior to entering into a contract;
c. disclosure is necessary for compliance with a legal obligation to which we are subject;
d. disclosure is necessary in order to protect your vital interests or of another natural person;
e. disclosure is necessary for the performance of a task carried out in the public interest or in the exercise
of official authority vested in us;
f. disclosure is necessary for the purposes of the legitimate interests pursued by us or by a third party,
except where such interests are overridden by the interests or fundamental rights and freedoms of you
which require protection of personal data.
We will notify you prior to disclosing your information pursuant to this section.
Aggregated and Anonymized Information.
At times, we may share Patients’ aggregated and anonymized information with third parties.
4. STORING YOUR INFORMATION
Storage, Modifications, and Retention of Your Information.
We use state-of-the-art administrative, technical, personnel and physical measures to safeguard your
personal information against loss, theft or unauthorized use, disclosure or modification.
We will securely store your personally identifiable information on third-party servers, and will do so for as
long as it is needed to provide the Service. Your personal data may be transferred to our service providers
located in the United States. We only use US service providers who are participants in the EU – US Privacy
Shield, or who have entered into standard contractual clauses with us, or who otherwise qualify under the
GDPR to receive transfers of personal data. Currently, we use servers of Microsoft Corporation, One
Microsoft Way, Redmond, WA 98052-6399,USA, which is participant in the EU – US Privacy Shield and has
entered into standard contractual clauses with us.
We may not know if you have stopped using the Service so we encourage you to contact us if you are no
longer using the Service. You can change some of your information through the account settings provided
on the Service. If required by applicable law, we may retain your information for such period as may be
required by such law. To continue to provide an effective service, we may store non-personally identifiable
information perpetually and may anonymize your personally identifiable information and store that
anonymized information perpetually. Additionally, we use third party services and do not control their
practices related to storage and retention of your information.
Security.
We use reasonable efforts to secure your information and to attempt to prevent the loss, misuse, and
alteration of the information that we obtain from you. For example, we have implemented a strict data
security policy, we train our personnel on privacy issues, we communicate only via https, and we review
the privacy practices of new products and services that we integrate into our Service. Relatedly, we require
our personnel to sign confidentiality agreements that extend to your personal information. In addition, we
store your personal information in locked rooms. We also use reasonable technical safeguards such as
secure hosting provided by industry leading third party vendors, to secure your personal information.
However, loss, misuse, and alteration may occur despite our efforts to protect your information. We are not
responsible to our users or to any third party due to any such loss, misuse, or alteration.
Rights of the User.
At any time, you have the right
• to request information as to which of your data we process (Art. 15 GDPR),
• to request the rectification or erasure of your data (Art. 16 and Art. 17 GDPR),
• to restrict the processing of your data (Art. 18 GDPR),
• to request the transmission of your data (Art. 20 GDPR),
• to file a complaint with a supervisory authority, in particular the Austrian data protection authority
(www.dsb.gv.at) or the data protection authority at your place of residence.
You can instruct us to stop processing your data at any time using the following e-mail address:
info@rewellio.com. Even if you have agreed to the processing of data in the past, you can revoke such
consent at any time (Art. 21 GDPR).
Should you have questions concerning your personal data, please contact us using the following e-mail
address: info@rewellio.com
5. GOVERNMENT REQUESTS
From time to time, we may receive requests from government agencies to obtain information about our
users. In handling such government requests, we greatly value the privacy of your information, however,
we may turn over your information in accordance with such requests if we believe such action is
warranted. We will notify you prior to disclosing your information pursuant to this section.
6. THIRD PARTY SERVICES AND PRACTICES ARE BEYOND
OUR CONTROL
Our Service utilizes third party services as part of the functionality of the Service. We may share your
information with third parties as explained in this Policy. We have no control over such third parties. We
encourage you to review the privacy practices of such third parties. We make no guarantees about, and
assume no responsibility for, the information, services, or data/privacy practices of third parties.
7. CHANGES TO THIS POLICY
We reserve the right to change this Policy from time to time, with prior notice to you. If you continue to use
the Service, you consent to the new Policy. We will always have the latest Policy posted on the Service.
8. PLEASE REACH OUT TO US WITH ANY QUESTIONS OR
FEEDBACK
If you have any questions or comments about this Policy or our Service, please feel free to contact us by
email at info@rewellio.com
9. CONTROLLER CONTACT DETAILS
Controller according to Art. 4 GDPR:
Rewellio GmbH
company register number 466473s of the regional court Wels,
Technoparkstr. 3/16,4820 Bad Ischl
e-mail: inof@rewellio.com
Representative:
Mr. Georg Teufl
e-mail: georg@rewellio.com
Data Protection Officer according to Art. 37 GDPR:
x-tention Informationstechnologie GmbH
Römerstraße 80A, 4600 Wels, Austria
tel +43 7242 2155-6171, fax +43 7242 2155-6305
1. GENERAL, SUBJECT MATTER OF THE CONTRACT
1.1.Rewellio GmbH (hereinafter “Rewellio GmbH” or “we”), FN 466473s, Technoparkstr 3/16, 4820 Bad
Ischl, email: info@rewellio.com, has designed the software rewellio (hereinafter referred to as “Software“
or „Service”) for the hand rehabilitation of stroke patients in therapy centers and at home.
The Software moves recognized therapies such as mirror therapy and biofeedback into virtual space,
creating new and extended therapeutic options. The extended therapy monitoring, the individually
adapted therapy scenarios and the playful aspect enabled by the Software should support and improve
hand rehabilitation. The Software is intended to assist with hand rehabilitation and does not constitute a
stand-alone treatment or the like, and does not replace any medical or therapeutic treatment of any kind.
In no case does it replace personal advice, medical examination or diagnosis. The Software neither
promises to heal, nor does it serve the purpose of diagnosis. The Software can only augment the dialogue
between therapists and third parties and support hand rehabilitation. The Software is therefore to be
regarded as a supporting tool.
1.2.Based on the acquired sensor data, the Software recognizes the position, movement and orientation of
the unaffected hand and displays it animated in virtual space. In addition, a second, virtual hand which is
mirrored around the body’s vertical axis is created and shown at the position of the affected hand. The user
has the feeling in virtual space to experience two active hands. If the user has a minimal functionality of the
affected hand which is irrelevant for everyday life, these movements can be detected by means of
additional sensors and respectively enhanced in the virtual space. The movements of the virtual, affected
hand are no longer generated by mirroring the active hand, but are derived directly from the affected hand
by means of sensors and displayed in an intensified animated manner in the virtual space. The user thus
experiences movements of his affected hand in the virtual space. Based on the concept of biofeedback, the
muscle activity of the affected hand can also be displayed in the form of a graphic scale. The captured
muscle activity data can be used to control simple games and therapy scenarios. The complexity, difficulty,
and extent of the therapy units and games can be adjusted according to the therapy progression and thus
allows a customized therapy.
1.3.The following Terms of Service (hereinafter also referred to as “Terms”) apply to all legal transactions
of Rewellio GmbH in the form of downloading / acquiring the Software and acquiring a license for the
temporary use of the Software with purchasers (hereafter referred to as “Acquirer” or “you”). The purchase
of a license is only possible under the following conditions.
The deliveries and services of Rewellio GmbH are made exclusively on the basis of these Terms in the
respective currently applicable version. Other terms and conditions of Acquirers are only accepted if
expressly agreed in writing and binding. Rewellio GmbH may change the terms and conditions at any time.
Existing Acquirers will be informed. The consent to the change of the terms of service is considered given if
the Acquirer continues to contract with Rewellio GmbH.
2. UTILIZATION
2.1.Rewellio GmbH grants to the Acquirer of a license by the activation of the license the paid, temporary,
non-transferable, highly personal and non-exclusive right to use the Software within the intended use
exclusively for private purposes (single-user license). Therapists are entitled to provide the Software to
their patients as part of on-site therapies in their practice / therapy centers. However, the transfer of a
license from therapists to patients for home use is not permitted. The Acquirer’s right to use the Software
expires if the Acquirer violates a condition of this agreement. In all cases of the termination of the right of
use, the Acquirer is obliged to delete all data in connection with the subject matter of the contract.
2.2.A transfer of the license to a third party is inadmissible. In case the Acquirer transfers data carriers,
memory or other hardware on which the subject matter or parts thereof are stored to third parties, without
the consent of Rewellio GmbH or in case of a dereliction in the sense of Section 386 of the Austrian Civil
Code he is obliged to irretrievable and completely delete the data or have it deleted.
2.3.It is noted that the source code of the Software is not part of the subject matter of the contract. This
Software as well as the associated documentation are protected by intellectual property rights. The
Acquirer can not derive any rights from other representations of the Software. The Software consists of the
program version distributed by Rewellio GmbH at the time of conclusion of the contract, the integrated
text modules and all data provided.
2.4.Rewellio GmbH reserves the right to change, extend or improve the content and scope of the Software
provided and for important reasons (for example due to hardware-related capacity limitations) to reduce
the scope and content and eliminate the functionalities if this reduction is not significant compared to the
entire Software. The Acquirer is not authorized to make changes to the Software. The Acquirer has no right
to carry out an update or extension. Updates and extensions provided are considered to be an integral part
of the Software and are subject to the terms of this agreement. An extension of the warranty does not take
place. Deviations desired by the Acquirer in the operation of the Software require a written description and
a separate agreement.
2.5.The subject of the Software use is not the internal program documentation and the source programs.
Except as expressly permitted by law, the Acquirer is prohibited from violating or attempting to violate any
security features of the Software, including, without limitation, accessing content or data not intended for
the Acquirer, or logging onto a server or account that the Acquirer is not authorized to access; attempting
to probe, scan, or test the vulnerability of the Software, or any associated system or network, or to breach
security or authentication measures without proper authorization; interfering or attempting to interfere
with service to any user, host, or network, including, without limitation, by means of submitting a virus to
the Software, overloading, “flooding,” “spamming,” “mail bombing,” “crashing,” or undertaking similar
activities; and forging any TCP/IP packet header or any part of the header information in any e-mail or in
any posting using the Service. Further, the Acquirer may not copy, sell, distribute, publish, download, or
reproduce any aspect of the Software. The Acquirer also may not modify, make derivative works of,
decompile, reverse-engineer, disassemble, or otherwise convert any aspect of the Software. Further, the
Acquirer agrees not to license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially
exploit the Software; the Acquirer agrees not to access the Software in order to build a similar or
competitive Software; the Acquirer agrees not to access (or attempt to access) any of the Software by
means other than through the interface that is provided by Rewellio GmbH; and the Acquirer agrees not to
remove, obscure or alter any proprietary rights notices (including copyrights and trademark notices) which
may be contained in or displayed in connection with the Software.
2.6.The Acquirer will only make the subject of the contract available to other third parties insofar as this is
absolutely necessary for the contractual use. The Acquirer (especially therapists towards patients)
undertakes to transfer the obligations of this contract to these persons and to indemnify Rewellio GmbH in
this connection. The Acquirer is not entitled, without the consent of Rewellio GmbH, to let the Software be
used by other third parties, regardless of how they are used. The Acquirer is prohibited from any form of
advertising or commercial use of the Software without the express written consent of Rewellio GmbH.
Rewellio GmbH declares its revocable consent that therapists promote the use of the Software for therapy.
The Acquirer undertakes to pay a contractual penalty in the amount of the gross purchase price in each
case in case of infringement. In addition, Rewellio GmbH is entitled to request a cease and desist order and
to assert the actual damage caused by the transfer to third parties.
2.7.The Acquirer undertakes to keep the devices on which the Software is installed carefully in order to
prevent misuse, in particular unauthorized duplication and/or use. In particular, the Acquirer shall ensure
that the access to the Software and the protection of the data carriers against access and use by
unauthorized persons is regulated, the authorization to use the Software is determined by technical
measures and the device on which the Software is retrievable is secured by precautions against
unauthorized use. The Acquirer undertakes to take precautions to prevent malfunctioning of the Software
as far as possible or to minimize its consequences, as well as to perform state-of-the-art data backups,
state-of-the-art fault diagnoses and regular checks of the data processing results.
2.8.The Acquirer is obliged to refrain from alterations or deletions of copyright marks, license plates or the
like of Rewellio GmbH on or in connection with the subject matter of the contract.
3. TECHNICAL REQUIREMENTS AND SYSTEM
REQUIREMENTS FOR OPERATING THE SOFTWARE
The use of the Software is only possible with the appropriate hardware and Software (including operating
system) (see our website or the information in the respective App Store). These are not the subject of this
agreement. These may be purchased by the Acquirer at his own expense, if required, from the
manufacturer or an authorized dealer.
Rewellio GmbH assumes no liability or warranty for this hardware and Software. The present agreement is
not dependent on the possibility to obtain this hardware and Software or that the subject matter of the
contract may be used with this hardware and Software.
Regarding the operating system, the Acquirer acknowledges that the Software can only offer the functions
described if the operating systems described on our website or in the respective App Store are used. There
can be no guarantee for the continued existence of operating systems. There is therefore no right to update
the Software to subsequent operating systems.
4. SOFTWARE DOWNLOAD, REGISTRATION AND
ORDERING
4.1.All information about the license purchase and prices as well as during the order process are not
binding. The products offered on the website do not constitute a legally binding offer.
4.2.Rewellio GmbH enables the download of the Software via third party providers. In order to be able to
download / install the Software, the Acquirer may have to first enter into a user agreement with a third
party vendor (independent of the contractual relationship between Rewellio GmbH and the vendor) for
access to a portal or online shop of a respective third party (“App Store”). This user agreement is only
concluded between the Acquirer and the third party. Rewellio GmbH is not involved in this contractual
relationship.
4.3.To acquire the license to use the Software for a limited period of time, you first need to register the
Acquirer with [Registrierungslink einfügen]. The Acquirer is obliged to complete the fields and / or
information specified in the registration and order form completely and truthfully. As an alternative, it is
possible to register via an already registered therapist or a therapy facility. In this case, the therapist can
start the treatment immediately and the data is only stored on the Rewellio GmbH server or its processors,
but not on the therapist’s device or server. Therefore, once the therapy session is over, the therapist will
not have access to this data. The therapist will only have access to the data if the patient grants the
therapist access to the data. The patient receives access to the data as soon as he has registered on the
Rewellio GmbH website. The patient may grant the therapist access to the data during registration and
may revoke this access at any time. Registration must be done in person by the potential Acquirer of the
Software. Rewellio GmbH reserves the right to refuse registration or access to the internal area of the
website without giving reasons.
4.4.Upon registration, the Acquirer will receive a password on the email address provided by him, in order
to enter the internal area of the website. There one can find the operation- and safety instructions as well
as the opportunity to acquire a license. The acquisition of a license is in any case subject to the knowledge
and approval of the operation- and safety instructions and these Terms. The Acquirer is required to consult
with a specialised doctor or therapist prior to acquiring the Software in order to determine whether the
Software can be used for hand rehabilitation.
4.5.The Acquirer may submit his offer to purchase a temporary license exclusively via the order form on the
website of Rewellio GmbH. By clicking on the button “Order with payment” (or a similar description), the
Acquirer issues a binding order.
4.6.After submitting the order, the Acquirer receives an automatically generated confirmation of receipt of
the order including the order data and all essential information. This order confirmation does not
constitute an acceptance of the contract. The Acquirer is obliged to notify immediately obvious errors in
the order confirmation as well as deviations between the order and the order confirmation.
4.7.The use of approved immediate payment methods by the Acquirer does not lead to the conclusion of a
contract despite the payment of the license fee. Rewellio GmbH reserves the right to refuse orders without
giving reasons. The Acquirer will be informed within 7 days of placing the order. Rewellio GmbH also
reserves the right to determine the way to carry out the order. The contract is only concluded with the
notification of the acquisition of the license to the Acquirer. After the conclusion of the contract, Rewellio
GmbH will provide the ordered license within 3 weeks of this notification.
5. PAYMENT TERMS
5.1.The prices quoted are valid at the time of the order (including VAT). Payment must be made in Euros.
Only the methods of payment offered in the course of the order are accepted.
5.2.The invoice amount is due within five days of the invoice date without deduction.
5.3.If the Acquirer is in default of payment, a reminder will be issued with a grace period of 14 days. In case
of an unsuccessful reminder, Rewellio GmbH is entitled to withdraw from the contract. All collection and
collection costs incurred as a result of the delay in payment shall be borne by the Acquirer.
6. RIGHT OF WITHDRAWAL
6.1.The Acquirer has the right to withdraw from this contract within fourteen days without giving any
reason. The withdrawal period is fourteen days from the date of the conclusion of the contract. In order to
maintain the withdrawal period, it is sufficient that the Acquirer sends the notice of the exercise of the right
of withdrawal before the expiry of the withdrawal period. To exercise the right of withdrawal, the Acquirer
must inform Rewellio GmbH by means of a written statement (by mail or email) about the decision to
withdraw from this contract, to one of the following addresses.
Rewellio GmbH
Technoparkstr. 3/16
4820 Bad Ischl
email: info@rewellio.com
The Acquirer can use the following withdrawal form which can be downloaded here. The use of this form is
not mandatory.
WITHDRAWAL FORM
To: Rewellio GmbH
Technoparkstr. 3/16
4820 Bad Ischl
email: info@rewellio.com
I hereby withdraw from the contract concluded regarding the purchase of a license to use the Rewellio
Software.
Ordered on ___________ Received on ___________
Invoice number: ___________
Name: ___________
Address: ___________
Date: ___________
Signature: ___________
(only required in case of notice on paper)
6.2. Consequences of withdrawal
If the Acquirer withdraws from this contract, Rewellio GmbH must repay all payments received from the
Acquirer without undue delay and at the latest within fourteen days from the date on which the notice of
revocation of this contract has been received by Rewellio GmbH. This repayment will be made using the
same means of payment used by the transferee in the original transaction, unless otherwise expressly
agreed with you; in no case will the Acquirer be charged for this repayment.
6.3 Exception of Right of Revocation (Right of Withdrawal) / Termination of Right of Revocation (Right of
Withdrawal)
The Acquirer has no right of revocation (right of withdrawal) if Rewellio GmbH – with the express consent of
the Acquirer in connection with his acknowledgment of the waiver of the right of withdrawal (right of
revocation) in case of a premature commencement of the performance of the contract and after the
provision of a copy or confirmation in accordance with Section 7 para. 3 Austrian Distance Selling Act –
commenced with the delivery (the provision of the license to use the Software) before the expiry of the
otherwise existing withdrawal period.
Pursuant to Section 7 para. 3 Austrian Distance Selling Act, the Acquirer shall be provided with a
confirmation of the contract concluded on a durable medium (e.g. e-mail) within a reasonable period of
time after conclusion of the contract, but at the latest before commencement of service together with
information according to Section 4 para. 1 Austrian Distance Selling Act, unless this information was
previously provided on a durable medium. In any case, the confirmation of the contract contains a
confirmation of the approval for the immediate provision of the service and of the Acquirer’s knowledge of
the waiver of the right of withdrawal (right of revocation).
7. TERMINATION
The licenses for the use of the Software are given for a limited period of time. Ordinary termination during
this license period is therefore excluded. However, the contracting parties are entitled to terminate (in
writing or by email) for good cause. In addition, Rewellio GmbH is in any case entitled to pronounce an
extraordinary termination in the event of infringements by the Acquirer against the obligations stipulated
in the Terms and to block the license and thus access to the use of the Software.
8. PARTICIPATION- AND INFORMATION OBLIGATIONS
The Acquirer declares that he has informed himself of all functions of the Software. He has convinced
himself that the Software meets his wishes and needs. The Acquirer must thoroughly and state-of-the-art
test the subject of the contract for freedom from defects and usability in the existing hardware and
Software configuration. Incidentally, the Acquirer is obliged to regularly inform himself about any
information on the website of Rewellio GmbH regarding the use of the Software and to take it into account.
The Acquirer grants Rewellio GmbH access to the IT-facilities or installed Software for the purpose of
identification and repairing of errors in connection with the subject matter of the contract – at the option
of Rewellio GmbH either on site or by remote access. The Acquirer waives the assertion of claims on
whatever legal grounds, which could result from the transmission of suggestions for improvement or the
identification of errors in the Software and grants Rewellio GmbH the irrevocable right to use the
transmitted information free of charge for improving and adapting the Software.
9. WARRANTY / DAMAGE / LIABILITY
9.1.The statutory warranty provisions apply.
9.2.Rewellio GmbH is not liable for the permanent and uninterrupted availability of the Software.
Malfunctions or maintenance work may restrict or temporarily interrupt the possibility of use. Rewellio
GmbH does not warrant and cannot be held liable for data security outside its control and for the risk of
data loss when transferring data over the internet.
9.3.The Acquirer is required to seek the advice of a specialist doctor or therapist prior to acquiring the
Software to determine whether the Software can be used for hand rehabilitation. The Software does not
replace personal consultation, medical examination or diagnosis by a specialist or therapist.
The Software is intended to assist with hand rehabilitation and does not constitute a stand-alone
treatment or the like, and does not replace any medical or therapeutic treatment of any kind. In no case
does it replace personal advice, medical examination or diagnosis. The Software neither promises to heal,
nor does it serve the purpose of diagnosis. The Software can only augment the dialogue between
therapists and third parties and support hand rehabilitation. The Software is therefore to be regarded as a
supporting tool. The content provided by Rewellio GmbH cannot and must not be used for the preparation
of independent diagnoses and/or the independent selection and application or modification or
discontinuation of medications, other medical products, treatments or therapies.
9.4.For damage due to improper handling and improper use of the Software (contrary to the safety
instructions and the manual) a liability of Rewellio GmbH is excluded. Rewellio GmbH is only liable for
damage caused by intent or gross negligence. The liability for damages caused by slight negligence is
excluded. This limitation of liability does not apply to personal injury. The compensation of consequential
damages, financial losses, unrealized savings, interest losses and damages due to claims of third parties
against the Acquirer is excluded, unless it was caused by Rewellio GmbH intentionally or grossly negligent.
9.5.Furthermore, Rewellio GmbH cannot be held responsible for errors, malfunctions or damage resulting
from improper operation, changed operating system components, interfaces and parameters, the use of
unsuitable hardware or data carriers as well as abnormal operating conditions. No guarantee is given if the
Software was subsequently illegally changed.
10. EXCLUSION OF SET-OFF
The Acquirer is not entitled to offset claims against Rewellio GmbH against the consideration. However,
this exclusion of set-off does not apply in the case of insolvency of Rewellio GmbH or for such
counterclaims which are in the legal context of the present contract and which have been judicially
determined or explicitly recognized by Rewellio GmbH.
11. INTELLECTUAL PROPERTY RIGHTS
11.1.The website operated by Rewellio GmbH as well as its entire content, in particular texts, photos,
pictures, graphics, prints, textile designs, videos, presentations, sounds, illustrations and Software as well
as all trademarks and/or registered designs are protected against unauthorized use by intellectual
property rights, in particular copyright, name and image rights, trademarks and/or registered or
unregistered design rights.
11.2.All news, graphics and the design of the website www.rewellio.com serves exclusively the personal
information of the Acquirer. The use shall take place at his own risk. The reproduction, copying and
printing of the entire website is only permitted for the purpose of placing an order with Rewellio GmbH as
the operator of the web shop. Any use apart from the selection and acquisition of a license requires the
prior written consent of Rewellio GmbH or, if the respective rights do not lie with Rewellio GmbH, of the
copyright holder. Any further processing, copying, distribution and/or public reproduction exceeds the
usual usage and constitutes a copyright infringement.
11.3.In the case of custom-made products or orders outside of the existing product range, Rewellio GmbH
assumes that the Acquirer has made sure that third-party protection rights do not exist. If Rewellio GmbH
produces articles according to drawings, specifications or original samples of an Acquirer, Rewellio GmbH
is not liable for any rights, in particular for any third-party property rights. In a case of violation of the rights
of third parties, the Acquirer undertakes to indemnify and hold Rewellio GmbH harmless.
12. DATA PROTECTION
For the privacy statement and the declaration of consent required for the acquisition of the license, please
refer to the website of
Rewellio GmbH.
13. MISCELLANEOUS
13.1.Place of fulfillment is Bad Ischl, Austria.
13.2.Insofar as mandatory statutory provisions do not state otherwise, Austrian law is expressly applicable
to this contract; the application of UN-Sales Law and the conflict of laws rules is expressly excluded. The
same applies to the jurisdiction in case of disputes: For decisions regarding all disputes arising from the
contract – including those about its existence or non-existence – the exclusive jurisdiction of the local
courts which are competent, ratione loci and ratione materiae, at the headquarters of Rewellio GmbH is
agreed. However, Rewellio GmbH (at its sole discretion) has the right to file claims against the Acquirer
before the courts which are possible and admissable to have jurisdiction over the the Acquirer.
13.3.If any provision of these terms and conditions should be or become wholly or partially legally invalid
or unenforceable, this shall not affect the legal validity of all other provisions. The contracting parties shall
replace the legally ineffective or unenforceable provision by an effective and enforceable provision, which
pursuant to the content and the purpose of the legally ineffective or unenforceable provision comes as
close as possible.
13.4.Unless the Acquirer is explicitly granted rights regarding the subject matter of this contract, all rights
to the subject matter of the contract – in particular any copyrights, trademark rights and patent rights –
shall exclusively belong to Rewellio GmbH; this also applies – regardless of the form and the context – to
edits made by Rewellio GmbH to the subject of the contract or parts thereof. The property of the Acquirer
on the respective data media remains unaffected.
13.5.This agreement is final, so there are no collateral agreements. Any changes or additions must be made
in writing. This also applies to the amendment of the written form requirement.
14. COMPLAINTS / DISPUTES
In case of complaints, the Acquirer can contact our customer service via email: info@rewellio.com.
Rewellio GmbH does not participate in an alternative dispute resolution system. For the out-of-court
settlement of consumer disputes, the European Union has set up an online platform to which the Acquirer
can turn. The platform can be found at: https://ec.europa.eu/consumers/odr/