Terms of Use for Tidda Odem

Tidda Odem is provided by Zana Technologies GmbH, c/o CyberLab, Haid-und-Neu-Straße 18, 76131 Karlsruhe, Germany. The following terms constitute an agreement (the "Terms & Conditions") between you and Zana ("Zana Technologies", "Zana", "we", "our" or "us"), the operator of a platform through which you can access the following services:
If you have questions, please contact us at info@zana.com.

1. Using Tidda-Odem

Tidda-Odem does not provide any medical advice, therapeutic or diagnostic information or recommendations.

You may only use Tidda-Odem to manage and document your treatment. However, do not rely solely on Tidda-Odem, e.g. for remembering medication or Peak-Flow Measurements. We do not check the correctness or completeness of your settings or entries in Tidda-Odem.

Always verify the accuracy of content in Tidda-Odem. Make medical decisions based on your doctor's advice only. We do not verify the accuracy of third-party content in Tidda-Odem.

We do not verify communication between users, so be careful when you connect with other users, share health data or exchange messages.

You may use Tidda-Odem if you are of legal age or with the consent of your guardians. You may not use Tidda-Odem for commercial or professional purposes.

You are not permitted to use Tidda-Odem on a smartphone which has been jailbroken or rooted. Jailbreaking and rooting removes safeguards from your smartphone, which can leave your smartphone vulnerable to fraudulent attacks.

2. Provision of Tidda-Odem

We are constantly trying to improve our Services. If you have any comments, suggestions or recommendations, please send us an email to info@zana.com.

Tidda-Odem functionality requires internet connection. As we rely on telecommunication networks beyond our control, we cannot guarantee uninterrupted availability of Tidda-Odem. We try to minimize operational interruptions e.g. for maintenance.

We cannot guarantee Tidda-Odem working on your smartphone or compatibility with your smartphone's software or hardware. We do not have to provide technical support or maintenance for Tidda-Odem.

We are not liable for data loss if you delete your data, delete Tidda-Odem from your smartphone, delete your account or if you lose access to your account.

3. Registering an account

You cannot use Tidda-Odem without a user account ("account"). To register an account, you must enter your email address and a password. You are responsible for keeping your password confidential. Please inform us if you suspect misuse of your account.

4. Right to use Tidda-Odem

We grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use Tidda-Odem for the purpose and duration of the agreement based on these terms ("this agreement"). You may download a copy of Tidda-Odem on your smartphone as necessary for using Tidda-Odem only. You may not make Tidda-Odem publicly accessible, rent out or otherwise commercially use Tidda-Odem. All rights not explicitly granted remain reserved.

5. Disclaimer

The materials on Zana's website are provided on an 'as is' basis. Zana makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
Further, Zana does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

6. Liability of Zana Technologies

We are only liable in case of wrongful intent and gross negligence of Zana Technologies. In case of slight negligence, we are only liable for breach of a material contractual obligation required for the contract to be properly implemented and upon which you may normally rely; liability is limited to the typical, foreseeable damage.

These limitations of liability also apply for Zana Technologies employees, representatives and authorized agents. We are liable without limitation for loss arising from mortal injury, physical harm or health damage caused by Zana Technologies. Any liability of Zana Technologies for guarantees provided or for claims under the Product Liability Act ("Produkthaftungsgesetz") remains unaffected.

7. Duration and termination

This agreement is concluded for an indefinite period. You may terminate this agreement anytime.

You cancel the agreement by deleting your account. We may terminate this agreement anytime with two weeks' notice e.g. by email. The agreement is automatically terminated if we do not register any activity in your account for a duration of three years. If the agreement is terminated, we delete your account and you may no longer use Tidda-Odem.

The right of termination for good cause remains unaffected.

8. Information on online settlement in the EU

On online settlement of disputes (Art. 14 para. 1 ODR-VO): The European Commission provides a platform for Online Dispute Resolution, found at http://ec.europa.eu/consumers/odr/.

On dispute resolution before a consumer dispute settlement board (§36 VSBG): We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer dispute settlement board.

9. Final provisions

Laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG), if your permanent address is in Germany, or in a country not in the European Union (EU). If your permanent address is in the EU, German law applies unless this stipulation conflicts with mandatory rules of the country in which your permanent address is. Such rules shall remain unaffected.

Sole place of jurisdiction for all disputes arising from this agreement is the location of our registered offices if: (i) you have no place of jurisdiction in Germany or in any other EU member state; (ii) you transferred your permanent address abroad after these terms become effective; or (iii) your permanent address is unknown at the time legal action is brought forth.

If any provision in these terms is or becomes wholly or partly ineffective, this shall not affect the effectiveness of the remaining provisions. In the event of a provision being ineffective, the parties shall agree upon an effective provision that, insofar as legally possible, most closely reflects what the parties to the agreement intended. The same shall apply in the event of omissions in the agreement.

10. Amendments

We reserve the right to amend these terms and will inform you of changes in time. By continuing to use Tidda-Odem after a change, you agree to follow and be bound by the updated terms. When we inform you of changed terms, we will remind you again that continued use of Tidda-Odem implies agreement to the terms. You can find the latest version of these terms on our website Zana.com.

These terms were last changed on 13.01.2021.

Article Metadata Date Published: We, 13 Jan 2021
Author: Zana Technologies GmbH
Zana Technologies GmbH