General Terms and Conditions

1. Scope

1. These general terms and conditions (“GTCs”) as well as any supplementary provisions (such as the privacy policy) govern access to and use of the offers and products of our mobile applications (“Apps“) and our website “https://silentsleep.training/” (“Website”). The website is operated by Asate AG, Hämmerli 6, 8855 Wangen, Switzerland (“Asate“, “we”, or “us”). By accessing the Apps and the Website and using our services and products, you agree to accept and comply with the GTCs in their most current version.  

2. The collection and use of the personal data you provide (“Data“) is carried out in accordance with our Privacy Policyhttps://silentsleep.training/data-protection/.

2. Purpose

1. The services offered on the Apps and the Website, as well as the products you can order, provide you with training methods against snoring and other breathing difficulties, with the aim of reducing the intensity, duration, and frequency of these issues. The training with the Medical Didgeridoo (instrument) developed by us aims to reduce obstructive sleep apnea and snoring. Through targeted training with the Medical Didgeridoo, particularly through the vibrations it produces, your airways are relaxed and your neck muscles are strengthened. Please read the user manual for the Medical Didgeridoo.

2. For the relevant training, you can use the Apps on your smartphone, tablet, or computer, which enable you to perform the training exercises correctly. The Apps contain an instruction manual, a tutorial for using the Medical Didgeridoo, and guidance on the correct application technique.

3. Our training offers include:

1. general information on the cause of snoring/breathing difficulties;

2. specific information on Asate training;

3. tutorial and instructions for training with the Medical Didgeridoo;

4. measurement of the sound pattern and information on training progress to check and evaluate your progress.

3. No Substitute for Medical Advice/No Guarantees

1. The information and reference materials contained in the Apps and on the Website do not constitute medical advice and are not a substitute for professional medical consultation.

2. Asate is in no way responsible or liable for the health of its users. Our offers are not intended to take into account special circumstances that may affect a user's health condition. For health problems or specific questions, please consult your doctor.

3. We make no representations or warranties that the use of the Apps, the Website, and/or the Medical Didgeridoo will lead to a specific result. Likewise, your training progress may depend on factors that cannot be influenced (such as physical condition or certain pre-existing health conditions). Consequently, results may vary greatly between individuals despite identical use of the respective services and devices.

4. Registration/Login

1. To use the full range of services of the Apps and the Website, you must create a user account. You can open a user account either directly online on the Website or via the Apps, which you can download from the Website.

2. If you wish to benefit from all our training offers, you must fully activate the Apps – which entails ordering the Medical Didgeridoo – so that you can use the tutorial and perform the training sessions. The full activation of the training offers is done through your user account.

3. Your account information is personal and may not be shared with or used by third parties. You are responsible for keeping your access data secure. Asate is in no way responsible for any loss or damage arising from unauthorized access to your account or the use of your login credentials. If you become aware of or suspect any unauthorized use of your account, you must inform Asate immediately.

5. Purchase and Payment

1. Creating a user account is free of charge. After creating the user account, you can test the Apps during a free trial period, but without using the Medical Didgeridoo.

2. If you decide to fully activate our services and start the training sessions on the Apps, you must purchase a paid license to use the Apps.

3. All prices are inclusive of statutory VAT.

4. Shipping costs are charged in addition to the purchase price. For deliveries outside of Switzerland, additional costs due to customs and import regulations may apply. These costs are to be borne by the users themselves.

6. Delivery and Warranty

1. The purchase of the license includes the delivery of the Medical Didgeridoo. The purchase is completed when you click on the field “order with obligation to pay” or a similar field and the payment has been made via a payment method offered on the Website.

2. The Medical Didgeridoo will be delivered by post or courier to the delivery address provided by the user during the order process. The delivery location must be in Switzerland, the European Union, or the European Economic Area.

3. In case of defects, you have the right to request a defect-free replacement for the Medical Didgeridoo. Claims for repair, reduction, or rescission are excluded to the extent permitted by law. Otherwise, the statutory warranty provisions apply.

7. Return Policy, Money-Back Guarantee, Right of Withdrawal

1. Return Policy: If you are not satisfied with our services, you can cancel your license without giving any reason and return the Medical Didgeridoo at your own expense within 14 days of receipt. We will refund your payment, including the cost of delivery, upon receipt of the Medical Didgeridoo. For this repayment, we will use the same means of payment that you used for the original transaction. The right of return is excluded if the seal of the Medical Didgeridoo has been opened.

2. Money-Back Guarantee: If your sleep apnea has not been reduced after the intensive phase of training, despite following the training instructions, we will refund the purchase price upon return of the Medical Didgeridoo. Please contact our customer service in advance (contact@silentsleep.training; for other contact options, see https://silentsleep.training/en-ch/contact). The money-back guarantee is subject to the following conditions:

1. You do not suffer from a pre-existing condition or health state that causes or promotes sleep apnea, particularly by affecting muscle tone. Pre-existing conditions or health states in this sense include, for example, obesity grade II and III, enlarged tonsils, and excessive alcohol consumption. We reserve the right to request such information from you and, if necessary, to ask for a medical certificate. We will only request information and medical certificates if you give us your consent. If consent is refused, however, the money-back guarantee cannot be claimed. We will, of course, treat this data in accordance with our privacy policy.

2. You have followed the training instructions exactly. To verify this if necessary, we reserve the right to view the training records of your App.

3. Once we have confirmed to you that the conditions of the money-back guarantee are met, you can return the Medical Didgeridoo to us. You bear the costs of the return shipment. As soon as we have received the Medical Didgeridoo, we will refund the purchase price. For this repayment, we will use the same means of payment that you used for the original transaction.

3. Right of Withdrawal: If you have your usual residence or domicile in a member state of the European Union and are a consumer within the meaning of the applicable law, you have a statutory right of withdrawal, provided the seal of the Medical Didgeridoo has not yet been opened. The following withdrawal policy specifies the conditions under which the right of withdrawal exists and the circumstances under which the right of withdrawal is excluded.

1. *** Withdrawal Policy ***

1. You have the right to withdraw from this contract within fourteen days without giving any reason.

2. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, have taken possession of the Medical Didgeridoo.

3. To exercise your right of withdrawal, you must send us a clear statement (e.g., a letter sent by post or an email) of your decision to withdraw from the contract to the following address:

Asate AG, Buechstrasse 2, 8645 Jona, Switzerland, contact@silentsleep.training

If you make use of this option, we will immediately send you confirmation of receipt of your withdrawal (e.g., by email). To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

4. If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery, without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the Medical Didgeridoo back or you have supplied evidence of having sent back the Medical Didgeridoo, whichever is the earliest.

5. You shall send back the Medical Didgeridoo or hand it over to us (Asate AG, Buechstrasse 2, 8645 Jona, Switzerland) without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the Medical Didgeridoo before the period of fourteen days has expired. You will bear the regular direct cost of returning the Medical Didgeridoo.

6. You are only liable for any diminished value of the Medical Didgeridoo resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the Medical Didgeridoo.

7. The right of withdrawal is excluded if the seal of the Medical Didgeridoo has already been opened.

*** End of Withdrawal Policy ***

8. Restrictions on Use

1. You may only use the services offered on the Apps and the Website in a reasonable manner. In particular, our offers are intended for your private use only and not for commercial use. You may not misuse our offers in a way that could cause harm to Asate or any third party. In particular, you may not:

1. use the Apps, Website, or other available information for unlawful purposes or to promote illegal activities;

2. disclose data about the health, well-being, or similar information of third parties without their express consent and permission;

3. reproduce, copy, modify, sell, trade, or resell the Apps or the content on the Website, unless permitted by mandatory law;

4. use harmful content intended to damage or disrupt the computers or property of Asate or third parties.

2. You are solely responsible for all activities on your user account and for all content uploaded and/or created on your account.

9. Termination

1. You can cancel/terminate your user account at any time. Please note, however, that uninstalling the Apps or closing your user account does not automatically terminate your subscription – you must actively cancel the subscription. Furthermore, please note that after the termination of your user account, we may delete all content provided by you, and you will no longer have access to your account.

2. Asate reserves the right to investigate any suspicion of misuse or material breach of contract, to take appropriate precautions, and to block the user's access in case of justified suspicion.

10. Availability of our Offers

1. You are responsible for providing and setting up the technical systems required for the use of the Apps and the Website.

2. Asate strives to ensure that the functionality of the Apps and the Website is permanently guaranteed. However, even with all due care, downtime cannot be excluded.

11. Limitation of Liability

1. Asate is not liable for damages resulting from non-compliance with the instructions for use for training with the Medical Didgeridoo, from improper or inappropriate storage or use thereof, from natural wear and tear, or from faulty or negligent handling by the customer.

2. You use the services provided by the Apps and the Website at your own risk. Asate does not warrant that the services of the Apps or the Website and their availability will be uninterrupted or error-free. Asate assumes no responsibility for errors or omissions in the provided content or software.

3. Asate is not responsible for damages caused in connection with:

1. failures of the internet or communication facilities;

2. interruptions due to website outages, repairs, updates, maintenance, or other reasons;

3. errors in data transmission outside Asate's sphere of influence;

4. unauthorized access by third parties to data, provided and to the extent that the security measures taken by Asate are appropriate; or

5. damage to or impairment of the functionality of your computer or your mobile device through the use of the offered services or Apps.

4. The Website may contain links to third-party websites. Asate assumes no responsibility or liability for the availability or accuracy of the information or functions of third-party websites.

12. Intellectual Property

1. Upon registration, you receive a personal, non-transferable, and non-exclusive right to use the services of the Apps and the Website solely for the purposes stated in these GTCs.

2. All copyrights, database rights, patents, and all other intellectual property rights, claims, and interests in the Apps, the Website, and the Medical Didgeridoo, as well as all information (except for data entered by users), are and shall remain the exclusive property of Asate and its licensors. You have no right to the commercial use of the Asate name or the trademarks, logos, domain names, and other distinctive features of the Asate brand.

3. Information originating from the Apps or the Website may be used exclusively for personal use and/or for internal business purposes. Under no circumstances are you authorized to commercially use the content of the Apps or the Website.

4. By submitting data or other content, you represent and warrant to us that you own the copyright, trademark right, and/or other intellectual property rights to such content. You grant Asate a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use this data and content to the extent necessary for the provision and maintenance of the offered services by Asate. This license remains valid until the termination of your subscription in accordance with these GTCs.

13. Severability Clause

Should any provision of these GTCs be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The invalid or missing provisions shall be replaced by the respective applicable statutory regulations.

14. Applicable Law and Jurisdiction

1. These GTCs are subject to Swiss substantive law, excluding the United Nations Convention on Contracts for the International Sale of Goods (“Vienna Sales Convention”). The exclusive place of jurisdiction for claims arising from or in connection with these GTCs or the use of the Apps or the Website is Schwyz, Switzerland. Asate is also entitled to sue you at your usual place of residence or domicile.

2. The foregoing choice of law does not apply if and to the extent that you (i) are a consumer within the meaning of Swiss legislation or a consumer within the meaning of another legal system and (ii) you can mandatorily invoke the application of another law and/or the jurisdiction of another court under the relevant legal system.

3. In case of disputes with consumers, e.g., if you are not satisfied with the way we handle your complaints, the European Commission offers an online platform for dispute resolution, which you can access via the following link: http://ec.europa.eu/consumers/odr/. We inform you that we are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.