General Terms and Conditions

1. Scope

1. These General Terms and Conditions („GTC“), together with any supplemental provisions, such as the Privacy Policy, govern your access to, use of the services available and product orders on the mobile applications („Apps“) and on our website „ https://silentsleep.training/ “ („Website”) operated by Asate AG, Hämmerli 6 8855 Wangen SZ, Switzerland („Asate“,„we”, or „us”). Your access to the Apps and the Website, the use of our services and product orders are subject to your acceptance of and compliance with these GTC, as amended from time to time.

2. The collection and use of the personal data („Data”) which you provide are subject to our Privacy Policy.

2. Purpose

1. The services available on the Apps and the Website, together with the products that you may order thereon, are designed to provide you with training methods against snoring and other breathing disorders by reducing the intensity, duration and frequency of such condition. The training with the Medical Didgeridoo (instrument) is developed by us in order to reduce obstructive sleep apnea and snoring. Through the targeted training with the Medical Didgeridoo, especially due to the vibrations generated, your respiratory tract will be massaged and your neck musculature may be improved. You must read the instruction manual for the Medical Didgeridoo before using the device for the first time.

2. For the training you may use the Apps on your smartphone, tablet or computer which will help you with the correct performance of the exercises. The Apps include an instruction manual, a tutorial on how to use the Medical Didgeridoo and instructions for the correct playing technique.

3. Our training services include:

1. General information about the cause of snoring/breathing disorders;

2. Specific information about the Asate training;

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

4. Measurement of the sound pattern and information about your training progress for the purpose of observing and evaluating your training progress.

3. Medical Disclaimer/No Representations

1. The information and reference materials contained within the Apps and on the Website do not constitute medical advice and do not replace a professional medical consultation.

2. Asate is not responsible or liable in any way for the user's health. Our services are not equipped to take into account the unique circumstances that may influence the health condition of the user. If you are suffering from health problems or are having specific questions, please consult your physician.

3. We do not make any representations or warranties that the use of the Apps, the Website and/or the Medical Didgeridoo will deliver a specific result. Also, the progress of your training may depend on factors which cannot be influenced such as physical disposition and preconditions. Consequently, results may vary strongly between individuals despite identical use of the respective services and devices.

4. Registration/Subscription

1. In order to use the full range of services offered by the Apps and the Website you need to create a user account. You can open a user account either directly online at the Website or via the Apps, which can be downloaded from the Website.

2. If you wish to benefit from all our training services, you need to fully activate the Apps, which entails the ordering of the Medical Didgeridoo, so that you are able to follow the tutorial and perform the training sessions. The full activation is achieved on your user account.

3. Your account information is personal and may not be transferred or used by someone else. You are responsible for storing your login credentials in a safe manner. Asate is not in any way responsible for any loss or damage caused by unauthorized access to your account or use of your login credentials. If you learn of or suspect any unauthorized use of your account, you must immediately inform Asate.

5. Purchases and Remuneration

1. The creation of a user account is free of charge. Upon creation of the user account, you may also test the Apps during a free trial period, however without delivery of the Medical Didgeridoo.

2. If you choose to fully activate our services and start training sessions on the Apps, you will have to purchase a license for using the Apps.

3. All fees are inclusive of the applicable statutory value-added tax.

4. Shipment costs will be charged additionally to the purchase price. In case of deliveries out of Switzerland further charges due to customs and import taxes are possible. Such expenses shall be borne by the user.

6. Delivery and Material Warranty

1. The purchase of the license includes the delivery of the Medical Didgeridoo. The purchase is completed when you click on the field "purchase now", or a similar field, and payment has been made by any of the means offered on the Website.

2. The Medical Didgeridoo shall be delivered by postal mail or courier to the delivery address specified by the user in the order. The delivery address must be located in the USA.

3. In cases of defects, you are entitled to demand defect-free replacement of the Medical Didgeridoo. Claims for rectification, reduction of the purchase price or rescission are excluded to the extent permitted by law. In any other respect, the statutory warranty provisions shall apply.

7. Return Policy and Money-Back Guarantee

1. Money-Back Guarantee: If your sleep apnea has not reduced after the intensive training phase even though you have followed the training instructions, we will refund your purchase price upon return of the Medical Didgeridoo. If you want to claim the Money-Back Guarantee, please contact our customer service in advance (contact@silentsleep.training; for more contact options see https://silentsleep.training/en-us/contact). The Money-Back Guarantee is subject to the following conditions:

1. You are not suffering from a pre-existing illness or health condition which triggers or favors sleep apnea, in particular by affecting muscle tone. Pre-existing illness and health condition in this sense includes, for example, class 2 and class 3 obesity, enlarged tonsils, and excessive alcohol consumption. We reserve the right to ask you for the relevant information, which may include a medical certificate, if necessary. We only ask for and process such information and medical certificates if you give us your consent to do so. However, if you do not give us your consent, the Money-Back Guarantee cannot be claimed. Of course, we treat this data in accordance with our privacy policy.

2. You have followed the training instructions exactly. In order to be able to verify whether you have followed the training instructions, we reserve the right to examine the training records of your app.

2. Once we have confirmed to you that the conditions of the Money-Back Guarantee are fulfilled, you may return the Medical Didgeridoo to us. We will provide you with an address label for the return shipping; you will be responsible for the cost of the return shipment. As soon as we have received the Medical Didgeridoo, we will refund the purchase price. For this refund we will use the same means of payment that you used for the original transaction.

8. Limitation of Use

1. You may only use the services offered by the Apps and on the Website in an appropriate manner. In particular, the services are only available for your private use and are not intended for commercial use. You must not misuse the services, so that either Asate or anyone else is harmed in any way. In particular, you shall not

1. use the Apps or the Website or any information provided for any unlawful purposes or in furtherance of any illegal activities;

2. disclose other people’s health, wellbeing and similar data without their express authorization and permission;

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

4. provide any malicious content intended to damage or disrupt Asate or others’ computers or property.

2. You are solely responsible for all activities on your account and all the content that is uploaded and/or created under your account.

9. Termination

1. You can at any time choose to cancel/end your account at your convenience. Please note that uninstalling the Apps or closing your account will not automatically stop your subscription — YOU MUST ACTIVELY CANCEL THE SUBSCRIPTION. Please note that after you have cancelled your user account we will or may delete all the content that you provided, and you will no longer have access to your account.

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

10. Availability of the Services

1. You are responsible for providing and maintaining the necessary technical systems for the use of the Apps and the Website.

2. Asate endeavours to ensure that the functionalities of the Apps and the Website are permanently available. However, even with all due care, downtime cannot be ruled out.

11. Limitations of Liability

1. Asate shall not be liable for damages resulting from non-observance of the instruction manual for the Medical Digeridoo training, from unsuitable or improper storage or use of the products, from faulty assembly, 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 availability thereof will be uninterrupted or error free. Asate does not assume any responsibility for errors or omissions in the contents or software.

3. Asate is not liable for damages caused in connection with

1. failures of the internet or communication facilities;

2. interruptions due to Website outage, repairs, updates, maintenance, or any other reason;

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

4. unauthorised access by third parties to Data, provided and to the extent that the security measures established Asate are commensurate to the circumstances; or

5. damage or degradation of performance of your computer or mobile device functionality due to your use of the services or the Apps.

4. The Website may contain links to third-party websites. Asate does not accept any responsibility or liability for the availability or accuracy of information or functions provided by such third-party websites.

12. Intellectual Property

1. Upon registration you are granted a personal, non-transferable and non-exclusive right to use the services of the Apps and the Website solely for the purposes set forth in these GTC.

2. All copyright, database right, patent or other intellectual property right, title and interest in and to the Apps, the Website and the Medical Didgeridoo and any information (excluding the Data provided by the users) are and will remain the exclusive property of Asate or its licensors. Nothing in these GTC gives you a right to commercially use the Asate name or any of Asate’s trademarks, logos, domain names and other distinctive signs.

3. You are permitted to download and print any information from the Website solely for your own personal use and/or internal business purposes. You are not entitled to use the content of the Apps or the Website for commercial exploitation in any circumstances.

4. By submitting Data or other user material to us, you represent and warrant that you hold the copyright, trademark and/or other intellectual property rights to such content. You agree to grant Asate a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use such Data or user material to the extent necessary for Asate to operate and maintain the offered services. This license shall remain valid until the cancellation of your registration in accordance with these GTC.

13. Severability

In the event that any provision of these GTC is held to be invalid or unenforceable, the remaining provisions of these GTC shall remain in full force and effect. The invalid or unenforceable terms will be replaced by the respective applicable statutory regulations.

14. Applicable Law, Place of Jurisdiction, and Disputes

1. Except for the arbitration provision below, which is governed by the Federal Arbitration Act, the relationship between the parties is governed exclusively by the laws of the State of Delaware under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

2. You agree that any and all claims arising from or relating to the Terms, your use of this website, your relationship with Asate (including its affiliates defined above), or any service or goods provided by Asate shall be subject to binding arbitration under the Federal Arbitration Act (“FAA”). This includes claims based on contract, tort, equity, statute, or otherwise, as well as claims regarding the scope and enforceability of this provision. It includes all claims by or against you, Asate (and/or its affiliates as defined above) and others providing or receiving any goods or services related to Asate and/or its affiliates. You waive the right to a jury and to court proceedings. Instead, a single Arbitrator shall decide all claims and shall render a final, written decision. You may choose the American Arbitration Association (“AAA”), Judicial Arbitration and Mediation Service (“JAMS”), or other similar arbitration service provider acceptable to Asate to administer the arbitration. Consistent with the FAA, the appropriate AAA rules, JAMS rules, or other service provider rules shall apply, as determined by the Arbitrator. For AAA and JAMS, these rules are found at www.adr.org and www.jamsadr.com. The arbitration shall take place in a location mutually agreeable to the parties. If the parties cannot agree, the location shall be determined by the arbitration service provider. Each party to the arbitration shall pay his, her, or its own costs of arbitration. If you cannot afford your arbitration costs, you may apply for a waiver under the relevant rules. The parties waive any right to bring representative claims on behalf of a class of individuals, on behalf of the public, as a private attorney general, or otherwise (the “class action waiver”). Except for this class action waiver, this clause may be severed or modified if necessary to render it enforceable under the FAA.