General Terms and Conditions
"Tensana" stores the personal information, blood pressure readings, and other health data provided by registered users on the company's servers via the website and/or the apps. The data are stored on the devices used and on Tensana's servers.Introduction
By registering as a user of Tensana, you accept the following General Terms and Conditions for using Tensana (hereinafter referred to as the "Terms").These Terms govern the contractual relationship between the user and Tensana, regardless of whether the Tensana website or the Tensana app is used. This also includes the English versions (BloodPressureDB). When the term "website" is used below, it also refers to the apps, since they are simply an alternative way to access the website.
The services offered by Tensana are intended exclusively for adults.
1. Subject Matter
1.1 Tensana offers two usage options:a) free use (Basic Membership)
and
b) paid use (Premium Membership).
1.2 The fee for Premium Membership is due immediately and must be paid one year in advance. If the fee cannot be collected, the user shall bear all resulting costs. These include, in particular, bank charges associated with returned direct debits and comparable fees, to the extent that the user is responsible for the event that caused the costs. Tensana may send users invoices and payment reminders electronically (by email).
If the user is more than 14 calendar days late with a payment, Tensana may block access until payment has been made.
Users of Apple iOS devices (iPhone, iPad, iPod Touch) may have the option of purchasing a subscription within the app. The subscription must then be managed and canceled using the functions provided for this purpose on the iOS device. In this case, all processing, invoicing and accounting are handled by Apple. Tensana receives no information about you. Similar provisions apply when using Android devices if the subscription is purchased through the Google Play Store. In that case too, processing is handled using the options provided by Google.
1.3 The user is not entitled to a refund of fees already paid in advance if the user terminates the contract. This does not apply if the user terminates the contract for good cause for which Tensana is responsible. In this case, Blutdruckdaten will refund, on a pro rata basis, the portion of the fees paid in advance that remains unused because the user has left.
1.4 The user acknowledges that it is not technically possible to ensure 100% availability of the website and apps. However, Tensana endeavors to keep the website available as much as possible. In particular, maintenance, security or capacity requirements, as well as events beyond the control of Tensana, may result in brief disruptions or the temporary unavailability of the services.
1.5 Tensana merely provides the user with the option to store and retrieve their data. No medical assessment is performed.
1.6. The user agrees to receive emails from Tensana relating to the service.
2. Registration, Representations Made Upon Registration
2.1 The user must register before using the services. It is explicitly allowed to use a pseudonym or stage name. The user must ensure that they can receive emails at the address provided and that no unauthorized person has access to it.2.2 The user confirms that they are of legal age at the time of registration.
3. Cancellation policy for consumers
If you register with Tensana for a purpose that cannot be attributed to your commercial or self-employed professional activity, the following provisions apply to you as a consumer within the meaning of the law (§ 13 Civil Code):Right to cancel
You have the right to cancel this contract within fourteen days without giving any reason.
The cancellation period is fourteen days from the day the contract is concluded.
To exercise your right of cancellation, you must inform us (Tensana, klier.net International S.L., Avenida de Chayofita 18, 38650 Arona, Spain, info@tensana.app) of your decision to cancel this contract by an unequivocal statement (for example a letter sent by post, fax or email). You may use the attached sample cancellation form, but it is not mandatory.
To meet the cancellation deadline it is sufficient for you to send your communication concerning your exercise of the right of cancellation before the cancellation period has expired.
Effects of cancellation
If you cancel this contract, we will reimburse all payments we have received from you, including delivery costs (except for additional costs arising if you chose a type of delivery other than the least expensive standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notice of your cancellation of this contract. We will use the same means of payment that you used for the original transaction unless you have expressly agreed otherwise; in no event will you be charged fees for such reimbursement.
If you requested that the services begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time when you inform us that you are exercising your right to cancel this contract, compared with the total scope of the services provided for in the contract.
End of the cancellation notice
Sample cancellation form
(If you want to cancel the contract, please fill out this form and return it.)
- To Tensana, klier.net International S.L., Avenida de Chayofita 18, 38650 Arona, Spain, info@tensana.app
- I/We hereby give notice that I/We (*) cancel the contract concluded by me/us (*) for the purchase of the following goods (*)/ the provision of the following service (*)
- Ordered on (*)/received on (*)
- User number and/or email of the consumer(s)
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only if this form is notified on paper)
- Date
___________
(*) Delete as appropriate.
Cancellation for Apple in-app subscriptions
If you subscribe via the in-app purchase function on an Apple device, Apple is the contractual partner. Apple provides a cancellation option via a support form within 14 days. Detailed information can be found in the iTunes Terms under IN-APP SUBSCRIPTIONS.
This does not apply to the Google Play Store. Please contact us as indicated in the cancellation policy. However, within the first 48 hours after purchase you can cancel the order directly with Google Play.
4. User responsibilities
The user is prohibited from any action that could impair the functionality of the Tensana infrastructure, in particular actions that place excessive load on it.5. Changes to the services on the website
Tensana reserves the right to change the services offered on the website or to offer different services, insofar as this is reasonable for the user.6. Duration and termination of the agreement
6.1 The user may cancel the free membership at any time without giving reasons. The system provides an option to delete the user account. The user is free to register again at any time. Previously entered values will not be restored.6.2 The annual premium membership has a minimum term of one year and may be ordinarily terminated with 3 days' notice effective at the end of the minimum term. If no notice of termination is given, premium memberships under contracts concluded after 1 March 2022 will be extended indefinitely and may be terminated by either party with one month's notice. The monthly premium membership has a minimum term of one month. Contracts concluded before 1 March 2022 will be extended by a further 12 months and may be ordinarily terminated with 3 days' notice effective at the end of the term. Notice of termination may be sent by email or letter to Tensana or to the user, respectively. When giving notice of termination, the username and the user's registered email address must be provided. Alternatively, the membership may be terminated via the website or directly in the Tensana app. After the user terminates the premium membership, the free membership will remain in place until it is terminated. These provisions do not affect either party's right to terminate for good cause. Good cause exists if, considering all the circumstances of the individual case and weighing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed end date or until the expiry of a notice period.
App users may be able to subscribe to the premium membership via an in-app purchase. The prices and periods offered there will then apply. Cancellation must be carried out using the procedure provided by Apple or Google in the device management settings.
6.3 Tensana reserves the right to control access to the service and exclude users from it. There is no entitlement to use Tensana. The right to revoke membership for good cause is reserved.
6.4 If a user account is not used for more than 2 years, Tensana reserves the right to delete the account. The user will be informed in good time via their registered email address. However, this is not possible for guest users. Read-only access also counts as use. Guest accounts that have never been used will be deleted after just one year.
7. Liability of Tensana
Tensana's liability is limited to intent and gross negligence, unless injury to life, body and/or health is involved. In cases of injury to life, body and/or health, liability remains unlimited.8. Privacy, cookies and services
As part of contract fulfillment, we process personal data. You can find details in our Privacy Policy.Tensana uses cookies and various services (Amazon Associates Program, Google Analytics, Google AdSense with AdMob, among others) to optimize the use and analysis of the data entered by the user. Details can be found in our Privacy Policy.
10. Final provisions
10.1 Tensana reserves the right to change these Terms at any time without giving reasons, unless this is unreasonable for the user.10.2 Unless otherwise agreed, the user may send all declarations to Tensana by email or letter to Tensana. Tensana may send declarations to the user at the email address the user provided in their user account.
10.3 Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.
10.4 The place of performance is the registered office of Tensana.
10.5 The place of jurisdiction for merchants within the meaning of the Commercial Code (HGB) is the registered office of Tensana.
