Contractual Terms · CH & EU
General Terms and Conditions (GTC)
1. Scope & Contracting Party
(a)
These General Terms and Conditions ("GTC" or "Terms") together with our Privacy Policy govern access to, purchase of, and use of all products, hardware sets, web applications, and mobile applications ("Apps"), as well as the website
https://silentsleep.training including all regional and language versions and the associated online ordering system ("Website").(b)
Operator of the Website and your contractual partner is:
Asate AG
Schachenstrasse 19, 8633 Wolfhausen, Switzerland
Enterprise Identification Number (UID):
Email: support@silentsleep.training
(hereinafter "Asate", "we", or "us").
Asate AG
Schachenstrasse 19, 8633 Wolfhausen, Switzerland
Enterprise Identification Number (UID):
CHE-113.863.028 (CHE-113.863.028 MWST)Email: support@silentsleep.training
(hereinafter "Asate", "we", or "us").
(c)
By placing an order, creating a user account, or using our Apps and services, you agree to these Terms in the version valid at the time of contract conclusion or usage.
(d)
The collection and processing of your personal data is carried out in accordance with our Privacy Policy, available at https://silentsleep.training/ch-en/privacy (or the respective language version of the Website).
2. Subject Matter & Description of Services
(a)
Purpose of Training: The products and digital training services offered by Asate under the brand Silent Sleep Training® are designed for targeted, active training of the upper airway muscles in case of snoring as well as mild to moderate obstructive sleep apnea (OSA). Through regular training with the proprietary Medical Didgeridoo® (CE-marked Class I Medical Device) – in particular via calibrated air resistance and acoustic vibrations – lax palate, pharyngeal, and upper airway muscles are strengthened and toned to support upper airway stability during sleep. Before first use, you must read and adhere to the provided instructions for use.
(b)
Interaction between Training Instrument & App: The training takes place through the interaction between the physical training device (Medical Didgeridoo® including sensor/cable connection) and the dedicated companion App on a compatible smartphone, tablet, or computer.
(c)
Package Tiers & Scope of Services: Asate offers different package tiers (e.g., SST Basis and SST Premium). The specific physical deliverables (including connection cables and adapters) and software features (such as interactive onboarding courses, real-time sound analysis, training games, progress analytics, nocturnal snore tracking, speaking personal AI coach, multiplayer features, or live webinars) are determined by the package descriptions displayed at the time of purchase in the checkout.
3. Medical Notices, Contraindications & No Cure Guarantees
Important Medical Warnings
(a)
No Substitute for Medical Advice: All content, measurements, analyses, and instructions provided on the Website, in the Apps, by the digital AI coach, or in webinars are intended solely for training guidance and general informational purposes. They do not constitute medical diagnosis, consultation, or therapeutic advice, and cannot replace examination or treatment by a qualified medical professional or sleep laboratory.
(b)
No Unauthorized Discontinuation of Prescribed Therapies: In diagnosed sleep apnea, the use of Silent Sleep Training® must always be coordinated with your attending physician. Prescribed medical treatments (in particular CPAP continuous positive airway pressure therapy or mandibular advancement splints) must under no circumstances be altered, reduced, or discontinued without prior medical consultation and evaluation.
(c)
Suitability and Contraindications: The training is designed for individuals with habitual snoring and mild to moderate obstructive sleep apnea. Training is contraindicated or requires explicit prior specialist clearance in case of:
- pure central sleep apnea (neurological etiology),
- severe obstructive sleep apnea without specialized medical supervision,
- acute inflammation, infections, or recent surgery/wounds in the oral, nasal, jaw, or pharyngeal cavity.
(d)
Orientation Purpose of Snore Tracking: The in-app nocturnal snore tracking feature serves exclusively for personal observation and trend monitoring. A reduction in detected snore sounds is not in itself clinical proof of cure or resolution of sleep apnea and does not replace polysomnography or diagnostic polygraphy.
(e)
No Guarantee of Health or Therapeutic Outcomes: Asate makes no warranties or representations that use of the Medical Didgeridoo® and App will achieve a specific medical or therapeutic outcome. Individual progress depends on regular and correct execution according to the training protocol and on anatomical and physiological factors beyond Asate's control.
4. Registration, Single-User Restriction & Account Security
(a)
User Account: Creation of a personal user account is required to activate and use the acquired training package.
(b)
Strict Single-User Restriction (Hygiene & Regulatory Requirement): For medical device safety and infection prevention reasons (hygiene), every Medical Didgeridoo® and companion app account is strictly bound to one single person. A training instrument and account may only be activated and used by one individual. Transfer, sharing, or joint use by multiple individuals is strictly prohibited.
(c)
Duty of Care: You are required to treat your credentials confidentially and protect them from unauthorized third-party access. In case of suspected unauthorized access, you must notify Asate immediately at support@silentsleep.training.
5. Conclusion of Contract, Pricing, Payment, Upgrades & Insurance
(a)
Contract Conclusion: Product presentations on the Website constitute non-binding offers. By clicking the order button, you are redirected to the secure online checkout operated by certified payment provider Stripe. By clicking the binding order button, you submit a binding offer to purchase the chosen package. The contract is concluded upon receipt of the order/payment confirmation.
(b)
Prices & Shipping: Prices stated in the checkout include applicable statutory VAT. Shipping costs, if applicable, are transparently displayed before checkout completion. Deliveries to countries outside the duty-free zone may incur local customs duties or import taxes, payable by the purchaser.
(c)
Initial Term & Renewals:
- Initial Purchase: Unless otherwise specified in checkout, initial package purchase includes the physical training instrument (hardware with accessories) plus full app access for an initial duration of twelve (12) months.
- Subsequent Periods / Renewal: Following the initial 12 months, app and service access can be extended under the terms displayed upon purchase. The specific prices, billing periods, and whether renewal is optional or subscription-based are transparently indicated prior to purchase.
(d)
Prorated Upgrade (Switching to a Higher Tier):
Upgrading from a lower to a higher package tier (e.g., from Basis to Premium) is possible at any time during an active annual period. The upgrade does not reset the 12-month period; your scheduled expiration date remains unchanged. The upgrade price is calculated pro rata temporis:The exact amount is shown before completing the upgrade, with premium features unlocked immediately upon payment.
Upgrading from a lower to a higher package tier (e.g., from Basis to Premium) is possible at any time during an active annual period. The upgrade does not reset the 12-month period; your scheduled expiration date remains unchanged. The upgrade price is calculated pro rata temporis:
Formula for Prorated Upgrade:
Upgrade Price=Price Difference of Current Period×
Remaining DaysTotal Days in Period
(e)
Grandfathered Lifetime Commitments: Existing customers from earlier product generations with contractual lifetime commitments remain fully grandfathered without additional annual software fees for their agreed scope of services.
(f)
Health Insurance Coverage / Subsidies: References on the Website to potential reimbursement by supplemental health insurance are non-binding general information. Any reimbursement depends solely on individual policy terms and insurer conditions. Denial of reimbursement by an insurer gives no right to cancellation, rescission, or price reduction.
6. Delivery, Pre-Sale Availability & App Access Period
(a)
Delivery: Hardware is shipped by postal or courier service to the address provided during checkout within authorized delivery countries.
(b)
Delivery Timelines & Pre-Sale: Expected delivery windows depend on the availability status displayed at checkout (e.g., in-stock vs. pre-sale with scheduled shipping date).
(c)
Start of the 12-Month App Period: Because training requires the physical instrument, the included 12-month app access period begins only upon physical delivery of the device or first activation in the user account, at the latest fourteen (14) days after confirmed carrier delivery.
(d)
Hardware Warranty: Statutory warranty provisions apply. In case of defects, Asate is entitled to provide free replacement. Mandatory statutory consumer rights remain unaffected.
7. Return Policy (Switzerland) & Statutory EU Right of Withdrawal – Hygiene Exclusion
(a)
14-Day Return Policy (Switzerland & Liechtenstein):
You may revoke your contract declaration within 14 days of receipt of the Medical Didgeridoo® in text form (e.g., email to support@silentsleep.training) and return the unused device at your own expense.
You may revoke your contract declaration within 14 days of receipt of the Medical Didgeridoo® in text form (e.g., email to support@silentsleep.training) and return the unused device at your own expense.
Important Exception (Hygiene & Health Protection): Because the Medical Didgeridoo® comes into direct contact with the mouth, saliva, and respiratory tract during use, the right of return is strictly excluded once the protective hygiene seal has been opened or broken after delivery or once the instrument has been registered and activated.
(b)
Statutory Right of Withdrawal for EU/EEA Consumers:
Consumers residing in an EU/EEA member state have a statutory right of withdrawal as described below:
Consumers residing in an EU/EEA member state have a statutory right of withdrawal as described below:
— Instructions on Withdrawal —
Right of Withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods (the Medical Didgeridoo®).
To exercise the right of withdrawal, you must inform us:
Asate AG, Schachenstrasse 19, 8633 Wolfhausen, Switzerland, Email: support@silentsleep.training
of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or email). You may use the model withdrawal form below, but it is not obligatory.
Effects of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including delivery costs (except supplementary costs resulting from your choice of a delivery type other than standard delivery), within fourteen days of receiving your withdrawal notice. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods.
You shall send back the goods to Asate AG, Schachenstrasse 19, 8633 Wolfhausen, Switzerland without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal. You will bear the direct cost of returning the goods.
Exclusion of Right of Withdrawal (Sealed Hygiene Product):
The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery (Article 16(e) of Directive 2011/83/EU; § 312g (2) No. 3 BGB). This applies to the Medical Didgeridoo® once its hygiene seal has been broken or unsealed.
The right of withdrawal does not apply to contracts for the supply of sealed goods which are not suitable for return due to health protection or hygiene reasons, if they become unsealed after delivery (Article 16(e) of Directive 2011/83/EU; § 312g (2) No. 3 BGB). This applies to the Medical Didgeridoo® once its hygiene seal has been broken or unsealed.
(c)
Model Withdrawal Form:
To: Asate AG, Schachenstrasse 19, 8633 Wolfhausen, Switzerland, Email: support@silentsleep.training
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the supply of the following service (*):
Ordered on (*) / received on (*): ________________________
Name of consumer(s): ________________________
Address of consumer(s): ________________________
Date: ________________________ / Signature of consumer(s) (only if on paper): ________________________
(*) Delete as appropriate.
8. Usage Restrictions & Rules of Conduct (AI Coach, Webinars & Multiplayer)
(a)
Services and content are provided solely for personal, non-commercial private training. Any commercial redistribution, resale, or sublicensing is strictly prohibited.
(b)
When using interactive features (such as AI Coach, live webinars, or multiplayer games), users must behave respectfully and lawfully. In particular, it is prohibited to:
- record audio, video, or screen content during live webinars or disclose information regarding other participants to third parties;
- submit third-party health data without explicit consent;
- bypass security mechanisms or attempt to inject malicious code.
9. Term, Termination & Account Deletion
(a)
You may terminate your user account at any time. Simply uninstalling the app does not automatically cancel an active subscription; cancellations must be made via account management (Stripe customer portal) or via email to support@silentsleep.training.
(b)
Following expiry of paid renewal periods, premium features become unavailable. Upon definitive account deletion, stored training and tracking data are irrevocably erased in accordance with our Privacy Policy.
(c)
Asate reserves the right to suspend or terminate accounts in cases of material breach of these Terms (e.g., violation of single-user hygiene rules or webinar confidentiality).
10. Technical System Requirements & Service Availability
(a)
Use of the app and real-time audio analysis requires a compatible device (smartphone, tablet, or computer), an appropriate USB-C port/adapter, and an internet connection. Current minimum specifications are transparently displayed on the Website under "System Requirements".
(b)
The customer is responsible for verifying device compatibility prior to opening the hygiene seal. Incompatible customer hardware does not constitute a defect in the product.
11. Limitation of Liability
(a)
Asate is liable without limitation for intent, gross negligence, culpable injury to life, body, or health, and under mandatory statutory product liability laws.
(b)
To the fullest extent permitted by law, liability for slight negligence is excluded. In particular, Asate is not liable for damages resulting from failure to adhere to the medical safety instructions or instructions for use, unauthorized discontinuation of prescribed medical treatments (such as CPAP), or improper handling or cleaning.
12. Intellectual Property
All intellectual property rights in Silent Sleep Training®, Medical Didgeridoo®, Asate, the training instrument, apps, games, audio/visual media, and texts remain exclusively with Asate AG and its licensors.
13. Severability Clause
Should any provision of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
14. Governing Law, Jurisdiction & Dispute Resolution
(a)
These Terms and all legal relations between you and Asate are governed by substantive Swiss law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
(b)
Exclusive place of jurisdiction for all disputes is the registered seat of Asate AG in 8633 Wolfhausen (Municipality of Bubikon, Canton of Zurich), Switzerland (competent court: District Court of Hinwil).
(c)
Mandatory Consumer Protection: The above choice of law and venue shall not apply to the extent that consumers are entitled to invoke mandatory protective statutory provisions of their country of residence (e.g., Art. 6(2) Rome I Regulation or Art. 18 Brussels I Regulation).
(d)
Consumer Dispute Resolution: Asate is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration entity.