MirrorLabs GmbH ("Mirror") offers the Sugar App ("Sugar App") and supplementary services. These Terms of Use ("Terms of Use") apply to the use of the Sugar App as well as the use of supplementary services by the users of the Sugar App ("User"). If the User accepts these Terms of Use, the User and Mirror will enter into a contract for the use of the Sugar App and the use of supplementary services subject to these Terms of Use ("User Agreement").
1. Provision of the Sugar app by Mirror
1.1 Mirror makes the Sugar App available exclusively to adult consumers for private use. The use of the Sugar App by minors and the use of the Sugar App for commercial or professional purposes is prohibited.
1.2 The User Agreement is concluded as soon as the User accepts these Terms of Use electronically in the Sugar App.
1.3 Mirror provides a digital platform and the Sugar App. The platform in conjunction with the Sugar App allows the User to collect data about their own lifestyle (e.g. digital tracker data or data from blood tests) and to receive personalised information and recommendations on fitness and lifestyle. The information and recommendations are not medical diagnoses or therapy recommendations and therefore do not replace medical advice and/or treatment.
2. Use of the Sugar app by the user
2.1 The User requires an internet connection for most of the functions in the Sugar App. The User is responsible for establishing and maintaining the internet connection and bears the costs incurred for this.
2.2 Mirror cannot guarantee uninterrupted availability of the Sugar App, but will endeavour to keep operational interruptions for maintenance purposes or similar to a minimum.
2.3 The User is responsible for checking whether the Sugar App is compatible with the software or hardware of the User's smartphone. Mirror is not obliged to provide technical support.
2.4 Mirror is not liable for any loss of data caused by the User deleting their data, deleting the Sugar App from their smartphone, deleting their User Account or losing their User Account login details.
2.5 The User can connect the Sugar App to the extent provided for with third-party apps, e.g. apps from wearable providers, and exchange data between the Sugar App and the third-party apps. The User is responsible for connecting the Sugar App to a third-party app and ensuring that the data is transmitted. Mirror does not check the accuracy of the data imported from third-party apps.
2.6 Mirror is authorised to block a User’s access to the Sugar App if there is reasonable suspicion that the User has violated these Terms of Use. The User can avert these measures if they dispel the suspicion by providing suitable evidence at their own expense.
2.7 Mirror reserves the right to change the Sugar App and the supplementary services in whole or in part or to discontinue them temporarily or permanently. Insofar as there are significant changes, Mirror will inform the User of the change in advance with a reasonable period of notice.
3. Registration of a user account
3.1 The User can use the Sugar App free of charge with an individual User Account ("User Account"). Mirror reserves the right to offer paid usage of the Sugar App with a user account ("Subscription").
3.2 To create a User Account, the User must choose a username and password with which the User can register and then log in to their User Account. The User is responsible for keeping his/her password secret. In the event of suspected misuse by a third party, the User shall inform Mirror of this immediately. Mirror reserves the right to offer the User the option of registering and logging in using the single sign-on procedure. If the User chooses to register/login using the single sign-on procedure, the terms of use of the respective provider shall apply. These terms of use are made available to the User via a link in the registration/login screen.
4. Supplementary services
4.1 After creating a User Account, the User can utilise supplementary services via the Sugar App, e.g. have blood tests carried out. Mirror reserves the right to offer the supplementary services for a fee.
4.2 Mirror may co-operate with third parties, e.g. laboratories or doctors ("co-operation partners") for the supplementary services. The cooperation partners will be disclosed to the User before the supplementary services are provided.
4.3 If necessary, the User must conclude a separate contract with Mirror or the respective cooperation partner of the supplementary service in order to utilise the supplementary services.
5. Right of use
Mirror grants a non-exclusive, non-transferable, non-sublicensable right to use the Sugar App for the duration of the User Agreement, limited to use in accordance with the User Agreement. Otherwise, all rights to the Sugar App and to the content contained in the Sugar App shall remain with Mirror. In particular, the User may not make the Sugar App publicly accessible, rent it out or use it commercially in any other way.
6. Remuneration
6.1 Upon conclusion of a Subscription, the User shall pay Mirror the agreed remuneration for the use of the Sugar App. When using supplementary services that are subject to a fee, the User must pay Mirror the agreed remuneration for the respective supplementary service.
6.1 Payment is possible via the means of payment specified by Mirror to the User prior to conclusion of the contract.
6.1 All prices displayed in the Sugar App are gross prices including the applicable statutory VAT.
7. Liability
7.1 Mirror shall be liable without limitation in the event of intent or gross negligence, for injury to life, limb or health, in accordance with the provisions of the Product Liability Act and to the extent that a guarantee has been assumed by Mirror.
7.2 Notwithstanding clause 7.1, Mirror's liability in the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (essential contractual duty) shall be limited in amount to the damage that is foreseeable and typical for the type of subject matter of the contract. Mirror shall have no further liability.
7.3 The limitation of liability under clause 7.2 also applies to the personal liability of Mirror's employees, representatives and bodies.
8. Term and Termination
8.1 Unless otherwise agreed, the User Agreement is concluded for an indefinite period. The User and Mirror may terminate the User Agreement at any time with a notice period of 2 weeks to the end of each calendar month.
8.2 Mirror will generally terminate the licence agreement if Mirror does not register any activity on the User Account after a period of two years. In this case, Mirror reserves the right to delete the User’s personal data processed within the scope of the User Agreement and to inform the User of the deletion in advance in a suitable form.
8.3 After termination of the User Agreement, Mirror shall delete the User Account and the User can no longer use the Sugar App.
8.4 Each party has the right to terminate the User Agreement for good cause without observing a notice period. An important reason for Mirror is in particular
A. a User’s breach of the provisions of these Terms of Use which is not remedied even after a deadline has been set;
B. a criminal offence committed by a User or the attempt to commit such an offence, e.g. fraud;
C. the User's default on the payment obligation in accordance with the payment to be made by the User under this User Agreement.
8.5 The statutory right of cancellation to which the User is entitled remains unaffected.
9. Information on dispute resolution in the EU via the Internet
9.1 Settlement of disputes via the internet (Art. 14 (1) ODR Regulation): The European Commission provides a platform for online dispute resolution: http://ec.europa.eu/consumers/odr/.
9.2 Settlement of disputes before a consumer arbitration board (Sec. 36 VSBG): We are neither willing nor obliged to participate in arbitration proceedings before a consumer arbitration board.
10. Amdendments
Mirror reserves the right to amend these Terms of Use, e.g. in the event of changes in the legal situation or market conditions, insofar as this amendment is reasonable for the User. Mirror shall inform the User at least six weeks before the planned amendment comes into force. If the User does not object to the entry into force of the planned amendment within four weeks of being informed of the planned amendment, the amended Terms of Use shall be deemed to have been agreed. Mirror shall specifically draw the User’s attention to the intended significance of the User’s behaviour at the beginning of the aforementioned period.
11. Final provisions
11. 1 The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If you have placed the order as a consumer and have your habitual residence in another country at the time of your order, the application of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
11.2 Should individual provisions of these Terms of Use prove to be legally invalid, the remaining parts of the licence agreement shall remain binding. In this case, the parties shall mutually agree on an effective provision that corresponds as closely as possible to the original intention of the parties.