Geplante Produkteinführung: Anfang 2020

General terms of use of the IONIQ App

1. Scope

The application “IONIQ Skincare Consultant” (hereinafter: “App”) is subject to the following terms of use, which are bindingly agreed between the user and us, IONIQ Skincare GmbH & Co. KG (hereinafter: “IONIQ”), Otto-Lilienthal-Straße 18, 88677 Markdorf, Germany, when using the App.

2. Using the App

The App is an offer from IONIQ and serves as a platform for recommendations in the field of skin care, for IONIQ products such as the IONIQ sprayer and various skin care products, for trends, health and beauty topics, for ordering IONIQ products and as an interface to the IONIQ sprayer. The IONIQ sprayer is an intelligent whole-body skin care device that enables comprehensive skin care via magnetic skin technology. It allows the skin care products to be applied homogeneously and streak-free to the skin by attracting ionised liquid through the polarised skin.

You can download the App from the Apple App Store or the Google Play Store. On the basis of the information you voluntarily provide us with, you will receive individual advice regarding the use of the IONIQ sprayer and the skin care products developed by IONIQ, such as sun cream, self-tanning lotion and mosquito protection. After registration in the App, which is possible by entering a valid e-mail address, depositing an active Facebook user account or a valid Google account, you will have access to all App content. Registration is required to use individual features of the App, such as recommendations for the required sun protection based on weather data at your location or reminders of sun protection replacement for longer sunbaths. The App can also be used without registration. In this case, however, some functions of the App are only usable to a limited extent.

Besides the possibility to link the App with the used IONIQ sprayer, you can watch tutorials on how to use the IONIQ sprayer, receive recommendations for skin care based on your skin type and use news articles with comment function as well as an customisable calendar and timer. You must be at least 16 years old to use the App.

3. Rights of use

The App contains data and information of various kinds which are protected by trademark and/or copyright law in our favour or, in individual cases, also in favour of third parties. All brands and trademarks mentioned within the App and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. We have been granted the necessary right of use for the use of brand names and trademarks of third parties.

We do not permit the user to download, edit, reproduce and/or distribute the App in whole or in part or to use the rights of use granted to us by third parties against the use granted here. The user is only permitted to make technical copies for the purpose of navigating within the App, insofar as this action does not pursue an economic purpose, and to make permanent copies for his own private use. Any further use of the data and information contained in or made available through the App requires our prior written consent, unless it is personal data of the App user within the meaning of the German Federal Data Protection Act. The copyright for published objects created by an author himself and published within the App remains solely with the author of the pages. Any duplication or use of such as diagrams, sound documents, video sequences or texts in other electronic or printed publications is not permitted without the author’s agreement.

4. Warranty and limitation of liability for the use of the App

The contents of our App are created with the greatest care and to the best of our knowledge. We assume liability for the contents of the App in accordance with the statutory provisions. A guarantee for the topicality, correctness and completeness of the information contained in the App is not assumed.

Use of the Internet is at the user’s own risk. Above all, we are not liable for the technical failure of the Internet or access to the Internet.

We publish all contents of the App in good faith. These are for information purposes only. The App is not suitable for making your own diagnosis or therapy of possible (skin) diseases. It cannot replace medical diagnosis, advice and treatment by a doctor. All inputs and information provided by the App regarding the use of the IONIQ sprayer and the sunscreen product used by IONIQ are recommendations only and are not binding and do not constitute medical or technical advice at any time. If you are concerned about possible (skin) diseases, seek advice from a doctor immediately, only they can make a professional medical diagnosis for your complaints. The use of the sprayer can have different effects on the individual user; the App is intended to assist the user in facilitating the application. The App is never intended as a substitute for seeking medical advice, especially you should never postpone a visit to your doctor because you have read information about skin features or risks in the App. These are for information purposes only and do not contain a medical statement. We do not guarantee availability, reliability, functionality or suitability of the App for your purposes.

Our liability is limited to intent and gross negligence, unless it is a breach of a material contractual obligation or injury to life, limb or health. The same applies to the liability of our vicarious agents. In the event of a breach of a material contractual obligation for which we are responsible, our liability shall be limited to the amount of the foreseeable damage.

5. Data protection

Your privacy and the protection of your personal data have the highest priority for us and it is an essential obligation for us to process all personal data of our customers and business partners carefully and securely. In addition, it is important to us to communicate transparently and clearly how we process personal data. All data processing operations are carried out in accordance with the European General Data Protection Regulation (GDPR), the National Data Protection Act (BDSG) and other applicable European and national legal regulations. In this respect we refer to our data protection declaration.

6. Links

References and links to third-party websites and apps do not mean that we adopt the content behind the reference or link as our own. The contents do not justify any responsibility on our part for the data and information provided there. At the time of linking, we were not aware of any violations of the law. We have no influence on the contents behind the link. We are not liable for illegal, incorrect or incomplete content and for damages caused by the use of content behind the link. In any case, the information provider of the linked websites is liable for the content and accuracy of the information provided. When you exit our App, other websites may have different privacy policies and terms of use over which we have no control. We recommend that you check these before doing business or uploading information.

7. Expenses

You can download the App for free and use it afterwards. The use of the App is free of charge and unlimited in time.

8. Support option

If you encounter any problems while using the App, you can contact us via the following link app@ioniq-skincare.com. With the establishment of contact the purpose-bound use of your customer data takes place. We will be happy to take care of your request.

9. Violation of these terms of use

In addition to the other provisions, the following rules must be observed when using the App: a) You are not entitled to create several user accounts; this includes both user accounts in your own name as well as user accounts in other names. b) You are not entitled to create your user account data incorrectly. c) You are not allowed to deactivate, bypass or otherwise manipulate security relevant features of the App. d) You are not entitled to carry out any manipulation of a technical or content-related nature. e) You may not post any untrue, offensive, threatening, discriminatory, abusive or any other content that violates good order in the App or distribute any comments or information about third parties without their permission. f) You may not reproduce, distribute or otherwise exploit any graphics, brand name and logo without the written permission of IONIQ.

10. Termination of our contractual relationship

You can terminate the contractual relationship with us at any time by deleting your user account by clicking the “Delete Account” button in the “Settings” section and confirming the deletion by clicking “Delete”. If you do not have a user account and no longer wish to use our App, you can delete the App from your electronic device. Deleting the App is treated as a termination. This also applies in particular if you do not agree with changes to the App or adjustments to the terms of use made by us. Alternatively, you can contact us at app@ioniq-skincare.com with your request.

We can only terminate the contractual relationship with you for good cause. Good cause is given in particular if you violate essential contractual provisions, which are primarily laid down in No. 8 of these terms of use, or if we have to assume due to external circumstances that you are misusing our services. If we terminate your account for good cause, we will be entitled to withdraw your access rights to your user account and block your access to the App.

11. Changes to the terms of use

We are constantly working to improve our services and reserve the right to add or remove functions from the App and to introduce new service enhancements to our App as needed. However, there is no significant change in our services at any time. In this context, we will also modify these terms of use from time to time and adapt them to technical and legal developments. The user will be informed separately about the changes and has the possibility to stop using our App at any time. In the event of the invalidity of individual provisions of this user agreement, the validity of the remaining provisions shall remain unaffected. If special conditions for individual uses of this website deviate from these terms of use, the user will be expressly informed of this in the App at the appropriate point. In such cases, the terms of use set out therein shall apply in addition.

12. Applicable law and place of jurisdiction

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the contracting party is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction, to the extent permitted, shall be Markdorf as the registered office of IONIQ.

13. Severability clause

Should any provision of these terms of use or any provision incorporated in the future be or become invalid in whole or in part, the remaining terms of use shall not be affected thereby. Instead of a missing or ineffective provision, a provision shall be deemed agreed which comes closest to the purpose intended by the parties in accordance with the content of these terms of use.