For the products and services offered by Playbrush
Read the Terms & Conditions in German please click here
We, the team of Playbrush, are pleased to see you being interested in our products and we are confident that our Playbrush Mobile Applications in connection with Playbrush devices and the Playbrush Website match your interests in your and your child’s dental hygiene perfectly.
To use our products, we have to clarify certain things with you. For example, the rights and responsibilities we owe each other, how long various periods last and many more details. One of them is a privacy policy. Our Privacy Policy can be found under [Privacy Policy].
Since it is not possible for us, for technical reasons and due to limited personnel resources, to negotiate the terms of use with each individual who wishes to use the Playbrush products, we have drafted the following general terms and conditions (“T&C”).
Please read the following T&C carefully before you make use of our services. These are our relevant general terms and conditions regarding our apps and our website, and its services, functions, content and applications.
1.1. Playbrush operates an interactive online platform and mobile apps aiming to improve the oral- and dental hygiene. Furthermore, Playbrush is trading with products in the area of dental health.
1.2. In order to be able to use the complete spectrum of Playbrush’s products and services, a one-time registration is required (see Section 4., below). However, certain public content, including general descriptions of the Playbrush Mobile Applications and the Playbrush Website can be viewed without registration.
1.3. Your health is very important to us. ALWAYS consult your doctor about your and your child’s dental hygiene. Playbrush neither substitutes your doctor, nor is Playbrush responsible for your and your child’s behavior. The contents of the Playbrush Website, regardless whether they are provided by Playbrush, its partners or users, are not meant to supplement, let alone replace, the information provided by doctors or pharmacies. By accepting these T&C, you confirm that you are solely responsible for your and your child’s health.
2. VALIDITY OF THE T&C
2.1. Playbrush offers the interactive Playbrush Website and Playbrush Mobile Applications on the basis of these T&C. When registering for ANY of the mobile apps, the user has to consent to the validity of these T&C.
2.2. Neither the registration nor the use of the complete spectrum of products and services of Playbrush is possible without explicit consent to these T&C.
2.3. These T&C shall apply to the use of all of Playbrush’s products and services by a user, through all points of access, including the Playbrush Website, its (sub-)domains, as well as all Playbrush Mobile Applications, as available from time to time.
2.4. These T&C shall be valid until cancelled in the currently valid version as of July 10th 2020.
2.5. The following definitions shall apply throughout these T&C:
“Playbrush” shall mean collectively Playbrush GmbH, Alserbachstrasse 2/9, 1090 Vienna, Austria, as well as Playbrush Ltd, 167 Fleet Street, EC4A 2EA, London, United Kingdom.
“User” or “you” shall mean any person using a Playbrush product or service, such as a Playbrush App or the Playbrush Website, whether with or without purchase or registration.
“Playbrush Mobile Applications” shall mean the mobile applications offered by Playbrush for Apple iPhones and Android smartphones, such as Utoothia, Utoothia Sky, Utoothia Magic, Utoothia Dance, Playbrush Kids and Playbrush App.
“Playbrush Games” shall mean all Playbrush Mobile Applications except the PLAYBRUSH App.
“Playbrush App and Playbrush Kids” shall mean Playbrush Mobile Applications whose purpose is to allow a user to view all of his/her accumulated data of a user from all Playbrush Games.
“Playbrush Website” shall mean all Playbrush online offerings accessible via any the following domains or any of its sub-domains: playbrush.com, playbrush.io.
“Profile” shall mean the individual set of data attributed to a specific person under all Playbrush Mobile Applications, identified by a selected alias-name. A user who has purchased a subscription, may create multiple Profiles under one user subscription, e.g. one for himself/herself and one for each of its children or family members.
3. PLAYBRUSH PRODUCTS AND SERVICES
Currently, Playbrush offers its users the following applications and information in several languages:
3.1. Through the Playbrush Website:
- News regarding Playbrush in short form
- a webshop where the user can purchase Playbrush devices and subscriptions
- Content, e.g. texts, pictures and videos, regarding dental care, health and nutrition will be presented by Playbrush and third parties (e.g. dentists, mothers)
- Status Messages
- Blog: Presentation of company information, products and news in long form
- Other Content:
About us: Short description of Playbrush
Company offerings: Offers of Playbrush addressed to companies
Partners: Presentation of partners and supporters of Playbrush
Advertising by Playbrush and/or third parties
Support for users
T&C
Personal data (name, email, phone number, brushing, performance) is only made accessible to the respective user (or in case of minors to his legal representative) according to our data privacy policy and not to third parties. The tooth brushing data is always saved with a Profile in one of the respective mobile Playbrush applications in connection with the parent’s registered email address, so it is clearly attributable.
Users can edit these Profiles (i.e. change the characters and add or delete game profiles). Profiles (in the Playbrush Mobile Applications) as well as the children’s Profiles (within the Playbrush Monitoring App) may be terminally deleted by the user. The deletion can be undertaken on the Playbrush App called “Playbrush” or via Email from the registered Email-address requesting terminal deletion to [email protected]
3.2. Playbrush Mobile Applications (Utoothia, Utoothia Sky, Utoothia Magic, Utoothia Dance, Playbrush App, Playbrush Kids)
3.2.1. The Playbrush Mobile Applications are offered for Apple iPhones and Android smartphones on a global scale.
3.2.2. These Playbrush Mobile Applications can be used in connection with a Playbrush device on a smartphone and/or in connection with the Playbrush Website.
3.2.3 Some of the Playbrush Mobile Applications can be used without a game subscription while other Playbrush Mobile Applications require a game subscription.
3.2.4. Subject to the user’s consent to the separate Privacy Policy, data can be transmitted from the user’s smartphone to the Playbrush Website and shared with others through social networks (e.g., Facebook). For details see Privacy Policy at https://www.playbrush.com/en/privacypolicy/.
3.2.5. The user can at all times view its user data on a personal Profile page (label: my profile).
3.2.6. The user may visualize the user’s brushing performance via statistics and analysis of user activity (brushing, scores, etc.);
3.2.7. A user’s own data aggregated from his/her use of all the Playbrush Games is synced together and accessible to the user in the Playbrush Mobile Application called “PLAYBRUSH App” via the “Stats” section.
3.2.8. In the course of the “PLAYBRUSH App” and “Playbrush Kids” application, users may view Profiles using an alias-name. Within PLAYBRUSH App, game Profiles are always attributed to the Profiles of the respective children (only by use of the selected alias-name). Pursuant to the Privacy Policy, personal data (name, phone number, tooth brushing performance) is only made accessible to the respective user (or in case of minors to his legal representative) and not to third parties. The tooth brushing data is always saved with a game Profile in one of the respective Playbrush Mobile Applications in
connection with the parent’s registered email address, so it is clearly attributable. Users can edit these Profiles (i.e. change the characters and add or delete game profiles). Profiles (in the Playbrush Mobile Applications) as well as the children’s Profiles (within the PLAYBRUSH App) may be terminally deleted by the user. The deletion can be undertaken on the Playbrush APP or by sending an Email from the registered Email-address requesting terminal deletion to [email protected].
3.2.9. The user hereby confirms the user’s knowledge that as a result of the transmission of data from the smartphone to the Playbrush Website, certain costs of the mobile carrier will be incurred that have to be borne by the user.
3.2.10. The mobile applications are only available to users of smartphones and tablets.
3.2.11. Additional terms and conditions apply from the provider of the smartphone and tablet.
3.3 Insurance
3.3.1 Playbrush has obtained a group insurance contract with UNIQA Österreich Versicherungen AG, Untere Donaustraße 21,1029 Wien (hereinafter “UNIQA”) on behalf of its customers who decide to join this group insurance. The insurance is only open to children up to the date of completion of their 16th birthday. Only one person per subscription may be insured. To join the insurance, the user purchasing a subscription must give their explicit consent that they, in addition, wish to join to this insurance contract, and must state the name and date of birth of his/her child to be added to this group insurance. Obtaining this insurance is in no way a prerequisite to any use of a Playbrush service or to a user’s registration and Playbrush will not provide any data to UNIQA or undertake any actions with regard to this insurance without the user’s explicit consent.
This insurance will only cover cases of dental accidents, not regular medical dental treatments, and is limited to the amount indicated in the insurance confirmation the user receives. More information on the insurance can be found at the Q&A section https://www.playbrush.com/de/zahnversicherung/
3.3.2. Dental Plans for kids, includes only accidents of teeth, but not the regular dental treatments and its claim is limited to the amount stated in the insurance confirmation, which the user receives. The insurance is only valid for kids up to 16 years. Further information is available at: https://playbrush.freshdesk.com/de/support/home
Dental Plans for adults, include insurance coverage for white fillings of the molar teeth and coverage for dental prophylaxis, according to the selected subscription plan. We only insure users that are at least 14 years old and younger than 75 years. Additional information for our adult insurance plans you can find here: https://playbrush.freshdesk.com/de/support/home
3.3.3 The UNIQA Playbrush Group insurance is only available to users with a permanent residence in Germany and Austria.
3.3.4 In case a user opts for an insurance with the group insurance contract with UNIQA, a contract is entered into between the user and UNIQA directly. By opting for inclusion in this group insurance contract for kids, the user accepts the UNIQA insurance terms https://cdn.shopify.com/s/files/1/2658/8732/files/Playbrush_Bedingungen_ZU_PB.pdf?14436202236605185001 as well as the UNIQA privacy policy https://cdn.shopify.com/s/files/1/2658/8732/files/Datenschutzhinweise_fur_Versicherungsvertrage_AT.pdf?12827744832420182840. By opting for inclusion in this group insurance for adults, the user accepts the UNIQA insurance terms https://cdn.shopify.com/s/files/1/0088/4185/5031/files/Versicherungsbedingungen_Pro_Premium_Abo.pdf?67890 as well as the UNIQA privacy policy https://cdn.shopify.com/s/files/1/0088/4185/5031/files/UNIQA_Datenschutz_Hinweise.pdf?67890.
3.3.5. Note that Section 4.2. below applies. The person opting to obtain insurance through this service warrants that he/she is capable to enter into agreements on their own behalf; that he/she is at least 18 years of age; and that the child to be insured is legally under his/her parental guidance.
3.3.6. Playbrush is only a party to the group insurance contract, but does in no way act as UNIQA’s agent or representative. All insurance claims are handled by UNIQA directly. Merely as an additional service, Playbrush will forward a users’s claims to the competent claims department at UNIQA, if users file their claim at www.playbrush.com/schaden-melden. Playbrush does not assist users in any further way in making claims and in no way assumes responsibility for the handling of any claim. In such cases, to make a claim, users will need to supply a valid confirmation number which is sent to the user after they registered for insurance.
3.3.7 Playbrush does not directly handle customer claims and is in no way liable for the dental protection cover of the customer under this group insurance scheme.
3.4. Other Services of Playbrush
3.4.1. Subject to the user’s consent to these T&C and the Pivacy Policy, Playbrush will send newsletters to registered users. By accepting these T&C, the user allows Playbrush to send newsletters, subject to the terms of the privacy policy. The user can opt out of receiving a newsletter each time such newsletter is received. Upon opting out, the user will not receive any further newsletters of that kind from Playbrush.
4. REGISTRATION
4.1. In order to be able to use the full features of the Playbrush Website and the Playbrush Mobile Applications, a one-time, free registration is required.
4.2. Only persons legally capable to enter into agreements on their own behalf shall be permitted to register with Playbrush. By registering, the user represents that he/she is at least 18 years of age. In case a user registers in order to provide access of Playbrush’s products and/or services to his children or persons legally under his/her parental guidance who are under the age of 18 (“minors”), the user consents to the use of the Playbrush’s products and/or services by these minors. The registering user furthermore warrants that he/she will at all times monitor and supervise such use by such minors, and that he/she will prevent the acceptance of any additional terms or changes to these T&C by such minors without his/her supervision.
4.3. Each user shall register with Playbrush once only, and confirms with its registration that it has not registered an account with Playbrush before and has not deleted a previously activated user account.
4.4. A user can register in one of two ways:
4.4.1. Registration by use of the registration form provided on the Playbrush Mobile Applications:
For purposes of registration, the user shall provide the details requested by the registration form, e.g., first name, last name, phone number completely and correctly, unless such details are marked as voluntary. Registration is only possible by using the user’s civil name, i.e., the use of phantasy names or pseudonyms is not possible.
4.4.2. Adoption by Playbrush of registration details provided by the user in the social network Facebook, Twitter or Instagram:
Registration via Facebook Connect, Twitter or Instagram requires the user to confirm that the selected details, which the user previously provided on Facebook, Twitter or Instagram, shall be adopted by the Playbrush network. The user can subsequently add to or reduce such details in such user’s Profile on the Playbrush Website.
4.5. Following successful registration, the user can log on to the Playbrush Website, and any of the Playbrush Mobile Applications by entering its email address and the chosen password.
4.6. If the registration process is not completed, e.g., as a result of missing personal details or the lack of consent to these T&C, Playbrush will not store the registration details supplied.
4.7. Playbrush reserves the right to reject users without giving reasons. In this event, any transmitted details will be deleted promptly.
5. FRAUD PROTECTION OF USER ACCOUNTS
5.1. You must protect your account from unauthorized and fraudulent use. Please notify us immediately by email at [email protected] of any unauthorized or fraudulent use of your account, or if you suspect that your account may be at risk.
5.2. In case of any fraudulent use of your account, Playbrush will not refund any amounts paid in this context to Playbrush.com before you report such unauthorized or fraudulent use of your account in writing via Email.
5.3. Playbrush.com has the right to close or cancel the account of any registered user in the event Playbrush reasonably suspects any unauthorized or fraudulent use of the account.
6. SPECIAL TERMS AND CONDITIONS FOR GAME AND DENTAL SUBSCRIPTIONS
6.1. Subscription periods. Users may register on the Playbrush Website for a subscription. The duration of Playbrush subscriptions may vary, there are e.g. monthly, quarterly, half-yearly or yearly subscriptions. What is important is the distinction:
- In the case of subscriptions with a fixed term specified in advance of more than one month, notice of cancellation may be given no later than 3 days before the subscription expires, otherwise the subscription period will be extended by the same duration, i.e. by the specified fixed term. If the subscription is cancelled in due time, there are no further obligations.
- In the case of subscriptions with a monthly duration, notice of cancellation may be given no later than 3 days prior to the expiration of the subscription, otherwise the subscription period will be extended by an additional month. However, if the cancellation is made within the first 24 months from the conclusion of the subscription, an additional fee will be charged to compensate for the brush/hardware ("termination fee"), provided that the brush/hardware was included in the subscription offer without any stated additional costs.
6.2. Scope of subscriptions. The scope of the subscriptions is defined in the respective subscription offers. The offers can e.g. include unlimited access to mobile applications, the delivery of dental products (e.g. replacement heads) and/or if applicable, insurance services pursuant to sec. 3.3. above. Once payment of the listed prices for the respective payment period plus taxes and shipping cost is made, the user will get access to all relevant services (app access, and, if applicable, insurance services) and – if applicable – receive the toothbrushes and toothpastes delivered to the address indicated.
6.3. Payment.
6.3.1. Payments are made in advance, either for the entire subscription period or for certain defined payment periods (e.g. monthly). The amounts are defined in the respective subscription offer. You can select the subscription period that best satisfies your needs. Once you signed up and paid for the Subscription, the selected validity period will be associated with your account.
6.3.2. Payments for the respective payment period of your toothbrush subscription shall be due immediately upon invoicing. Payment can be made using different online payment systems (e-g- Paypal, Credit Card, Bank Transfer). If Playbrush is unable to collect any fees from an account designated by the user due to lack of funds, the user shall bear all costs arising therefrom, including bank charges related to any debit entries or similar charges. Playbrush may deliver invoices and payment reminders to the user by e-mail.
6.3.3 In the case of subscriptions with a free trial period, users have the option of testing the subscription free of charge for 30 days after taking out the subscription on the website. During this time, no costs are incurred and users receive unlimited access to the corresponding mobile application as well as insurance coverage. Deliveries of dental products will not be made until the free trial period expires. Until the expiration of the free trial period, the user can cancel the subscription at any time by sending an email to [email protected] to prevent the subscription from turning into a paid subscription. If no cancellation is made, the customer will be bound to the selected subscription model after the end of the free trial period.
6.4. Automatic Renewal. For subscriptions with a period of over 6 months, the user will receive, within 7 days of expiry of the subscription period, a notification via E-mail to the registered E-mail-address, indicating that the subscription will be extended for the subscribed period unless the user cancels the subscription. Automatic renewal may be avoided by cancelling via E-mail to [email protected] no later than three days before the end of the subscription period. When your Subscription period ends, your credit card will be charged automatically with the then-current standard subscription price, i.e., special offer prices do not apply in this case, and your Subscription will be renewed for the same period of time unless you cancel your Subscription, at three days prior to the end of your current Subscription. For subscriptions with a period of 6 months or under, the user will receive upon renewal of the subscription a billing confirmation via E-mail, including an information about the next possible options for cancellation.
6.5. Cancellation.
6.5.1 You may cancel your subscription to Playbrush services at any time via E-mail to [email protected]. Unless otherwise provided for in Section 8, Playbrush will not refund previously paid amounts. If the user of a monthly subscription cancels the subscription within the first 24 months, an additional fee for the brush/hardware will be charged ("termination fee"), if the brush/hardware was included in the offer without any additional costs. The "termination fee" will be indicated when the respective subscription is concluded and will only be charged in the event of premature termination (i.e. in the first 24 months). The user will receive a separate invoice via e-mail. Each user can check the length of the current Subscription period by viewing such user’s account information in the app or through customer support ([email protected]). Users can also write to [email protected] to request to terminate their subscription.
6.5.2 All digital access rights based on the subscription will be terminated when the Playbrush subscription is ended
6.5.3 In case the dental protection insurance in section 3.3. was chosen and activated, it will also be canceled as soon as the user no longer has a valid subscription.
6.5.4. The user’s right to receive deliveries of dental products automatically expires at the time of cancellation.
7. TERMINATION
7.1. Each user shall have the right to terminate his/her use of the Playbrush Website at any time in accordance with section 6. above. For the termination of subscriptions, the respective binding periods or - if applicable - the agreed fee for early termination ("termination fee") pursuant to item 6 shall apply. Playbrush shall confirm such termination vis-a-vis the user.
7.2. Additionally, Playbrush reserves the right to terminate a user’s membership and/or his/her access to Playbrush services or mobile applications for important reasons, such as due to breaches of the user‘s obligations – see Section 10. below.
7.3. After termination upon the user’s request, all saved personal details shall be irrevocably deleted. The user shall request such deletion by email sent to [email protected], which shall include the email address provided to Playbrush upon registration. If no request for deletion is made, the storage period specified in our privacy policy applies.
8. SPECIAL CANCELLATION RIGHT FOR CONSUMERS
8.1. Application of Consumer Laws. If you as a user are registered on the Playbrush Website for a purpose that is not related to either your commercial or professional freelance activity, the following provisions apply to you as a consumer within the meaning of Section 1 of the Austrian Consumer Protection Act (Konsumentenschutzgesetz; KSchG):
8.2. Right of Withdrawal from Contract. You may cancel your agreement with Playbrush in writing, e.g., by letter, fax or email, within 14 days from the later of the date (i) on which the agreement was entered into and (ii) of receipt of any physical products you may have ordered, in each case without stating any reasons. You can cancel the agreement by sending your notification to:
Playbrush GmbH
Alserbachstrasse 2/9, 1090 Vienna (DE: Wien)
Email: [email protected]
8.3. Consequences of Cancellation. In the event of cancellation, any benefits received by one party from the other must be returned, and any economic advantages gained must be repaid. If you are not able to return the services rendered to Playbrush in full or in part, you are obligated to reimburse Playbrush for the value lost. This may mean that you are required to fulfil your payment obligations until cancellation has become effective. Obligations to reimburse costs must be fulfilled within 30 days. For you, this period begins when you send your contract termination, for us when we receive it.
9. USER OBLIGATIONS AND CONDUCT
9.1. Each user registering for a service of Playbrush must
9.1.1. truthfully provide, and keep current and complete, its registration details, and must not pass on such details to third parties;
9.1.2. only save, publish, transmit and distribute such content, e.g., photos, pictures, text, representations or videos, if the user is authorized to pass on such content, i.e., (i) if the user has the exclusive right to use such content or, (ii) in the event that the user is not the owner of such rights with respect to content provided by it, if the user guarantees to Playbrush that all required rights, licenses, permits etc. have been validly obtained. This shall also apply to content subject to intellectual property rights, in particular copyright and related rights, design rights, trade names and trademarks. The user shall be exclusively responsible for such content.
9.1.3. not save, publish, transmit or distribute any content that is racist, insulting, discriminating, denunciating, sexual, glorifies violence or is otherwise illegal;
9.1.4. not to send chain letters or messages to more than one recipient at any one time, i.e., the user must not send mass emails or spam;
9.1.5. not carry out any disrupting interferences in the Playbrush network by use of technical or electronic aids, such as hacking attempts, brute force-attacks, planting of viruses/worms/trojans and other disrupting attempts regarding Playbrush’s software or hardware;
9.1.6. not copy, distribute, transmit or collect by use of technical aids, e.g., by crawlers or bots, accessible details without the consent of the respective owner;
9.1.7. provide prompt notice via email to [email protected] of any detected breaches of the aforementioned obligations;
9.1.8. diligently care for the personal details and only allow such persons access to its own details that are close to the user; and
9.1.9. regularly save important personal details externally, e.g., on an external storage medium, hard drive or in the cloud. Playbrush shall not be responsible for any lost or impaired details.
10. BREACH OF USER OBLIGATIONS
10.1. In order to ensure the proper and reliable provision of services, Playbrush has the right to impose the following sanctions upon breach of any obligation set forth in these T&C by a user:
warning;
deletion of content;
temporary deactivation of user account; and
cancellation (irrevocable deactivation).
10.2. The type of sanction shall depend on the purpose, impact and type of the breach in light of Playbrush’s and the user’s interests. These sanctions apply notwithstanding any further damages or other claims Playbrush may have against the user in this context.
10.3. In the event a user account shall be cancelled in accordance with this Section 10, the respective user shall not be permitted to register again.
11. USER CONTENT
11.1. Playbrush permits the upload of certain content by its registered users to the Playbrush Mobile Applications and/or the Playbrush Website. Users may upload, save, publish, distribute, transmit and share content with other users.
11.2. The user consents that marketing measures may also be taken in the proximity of content created or uploaded by such user.
11.3. Users represent and warrant to Playbrush that they hold all rights required to upload and distribute such user-generated content, in accordance with section 9.1. above. Playbrush does not claim ownership of any content created by users and will not supervise such content.
11.4. Playbrush reserves the right to delete content created by users without giving reasons. In this event, the user shall be notified and, in the event of a breach of these T&C, may be subject to sanctions in accordance with Section 10, notwithstanding any further damages or other claims Playbrush may have against the user in this context.
11.5. Playbrush shall not be responsible for inaccurate content created by users.
12. PRIVACY POLICY / CONSENT
Please be aware of the separate Privacy Policy available on www.playbrush.com/privacypolicy (English) or www.playbrush.com/datenschutz (German). When registering for a mobile Playbrush application or the PLAYBRUSH web application, the user’s consent to Playbrush’s data use pursuant to the Privacy Policy is required.
13. REPRESENTATIONS AND WARRANTIES
13.1. Playbrush does not represent or warrant that the Playbrush Website or the Playbrush Mobile Applications will be available at all times, or that it and the necessary hardware and software will be completely free from errors.
13.2. Playbrush cannot monitor and does not represent or warrant that the transmission of data by the user, in particular via the internet and telecommunication networks, is not tracked, recorded or distorted by third parties.
13.3. The user uses the Playbrush offering exclusively at its own risk. This applies, without limitation, to
13.3.1. the related use of any hardware, including, but not limited to, (i) the respective smartphone or tablet, (ii) the Playbrush Smart device (iii) the Playbrush Smart Sonic® device (iv) smartphone dongles, (v) the Playbrush Smart Sonic Charger and (vi) the Playbrush Bathroom Kit;
13.3.2. downloading of the user’s own and third party content; and
13.3.3. any use by the user of data created or provided by Playbrush, including, but not limited to (i) measured tooth brushing and oral hygiene details, or (ii) recommendations for actions, e.g., tooth brushing tips etc. The user explicitly acknowledges that any such data or content may contain errors, and Playbrush does not, to the extent permitted by law, assume any responsibility for the correctness of such data.
13.4. The use of any software or hardware offered by Playbrush is no substitute for the consultation by the user of a specialized doctor.
13.5. Playbrush does not make any representations or warranties with respect to external links, banners or other information and marketing offers that may be made accessible to the user. Any contractual arrangements entered into between the user and a third party provider, e.g., via linked websites or banners, result in a contractual relationship between such user and the third party provider only. Playbrush does not make any representations or warranties with respect to products or services of third party providers.
14.2. Unless required by statutory law, neither Playbrush nor any of its business affiliates shall be liable for damages resulting from the use of content made accessible through the use of the online platform or other forms of use of the online platform or mobile apps. This also applies to damages resulting from errors, problems, viruses or loss of data.
14.3. Playbrush assumes no liability for downloaded material or material obtained as a consequence of using the Playbrush Website. The user is solely responsible for any damages caused by such materials to his computer system or for information that is lost as a consequence of downloading materials from the Playbrush Website.
14.4. The user is exclusively liable for any claims of lawsuits of any kind in any way derived from or related to conflicts with other users. The user acknowledges and accepts that Playbrush will not, under any circumstances, be liable for the acts and omissions of other users, including the damages associated with such acts or omissions.
15. INDEMNIFICATION BY USERS
15.1. The user shall indemnify Playbrush for all claims raised by third parties as a result of an infringement of their rights in connection with content uploaded by the user to the Playbrush Website by such user or as a result of any other usage by such user of applications available from Playbrush; this applies in particular to any claims of third parties relating to the infringement of a trade secret, copyright or any other intellectual property right by in connection with content uploaded by the user to the Playbrush Website or any Playbrush Mobile Application.
The user shall bear the costs of any legal proceedings, in which Playbrush may be involved in connection with such claims, including all court costs and attorney’s fees to the extent permitted by law, unless the user was not at fault in causing such infringement.
15.2. In the event that a claim is brought by a third party, the user shall promptly, truthfully and completely make available to Playbrush all information available to such user that may be necessary to verify such claim and defend against it. Any additional claims for damages that Playbrush may be entitled to bring against the user shall not be affected.
16. CHANGES TO THE T&C
16.1. Playbrush reserves the right to amend these T&C from time to time for a number of reasons including, without limitation, for commercial reasons, to comply with applicable law or regulations, or for customer service-reasons. At any time, the then-current version of these T&C is available for viewing on the Playbrush Website.
16.2. Changes to these T&C, other than the removal or addition of Playbrush Mobile Applications which are subject to these T&C (see Section 3.) require the consent of the respective user, to whom the changed T&C shall apply. If Playbrush intends to implement such changes to these T&C, Playbrush will give the user as much prior notice of such changes as possible. Such notice shall be made (i) via email to the email address the user previously supplied, (ii) on the relevant pages of the Playbrush Website., or (iii) on any other device through which the user accesses the Playbrush services. We may invite the user to accept the new T&C by clicking “yes” or “I accept”, checking a “tick box” or any other similar method of confirmation. Any such modifications will take effect within thirty days of publication.
16.3. Following amendment of the T&C, provided that the user did not accept the new T&C, the continued use of Playbrush’s offering following the notification or, as the case may be, expiration of such thirty days-period, by any registered user shall be deemed user’s consent to the amended T&C.
16.4. Subject to Sections 16.1 to 16.3, any changes to these T&C must be made in writing. No ancillary oral arrangements exist.
17. MISCELLANEOUS
17.1. In the event that individual provisions of these T&C shall be or become invalid, all other terms and conditions shall remain in full force and effect.
17.2. Governing Law and Jurisdiction.
17.2.1. These T&C and all contractual relations and litigation between the users and Playbrush shall be governed by Austrian law, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods. Notwithstanding, for users who are consumers and have their habitual residence in the EU, any provisions of the law of the user’s country of residence which are more beneficial to the user than Austrian law shall apply.
17.2.2. The parties agree to submit all claims under these T&C to the non-exclusive jurisdiction of the competent court at 1010 Vienna, Austria. This means the user may bring claims against Playbrush in front of this court in Vienna, Austria, or in the EU country where the user lives. Claims by Playbrush against a user, who is a consumer and has its habitual residence in the EU, may only be brought at the user’s place of residence.
Alternatively, in accordance with para. 19 of the Austrian Alternative Dispute Settlement Act and Article 14 of Regulation (EU) No. 524/2013, an alternative dispute resolution can be carried out for disputes arising from paid contracts. Such an alternative dispute resolution may be initiated by any party. This can be done via an online procedure, which you can find on the homepage of the European Commission at http://ec.europa.eu/odr. If you would like to bring a matter to our attention, please contact us.
18. GIVE AWAYS AND SWEEPSTAKES
18.1. Section 18 contains the general conditions of giveaways and sweepstakes by Playbrush. For the purposes of this agreement, the words giveaway and sweepstakes will be used interchangeably.
18.2. Agreement: Our giveaways are open to participants who are at least 18 years old and follow the instructions listed in the giveaway landing page, widget, blog post, and/or social media post. Employees of Playbrush and their relatives are excluded from the participation. By participating, you agree to be fully unconditionally bound by these rules and abide by the eligibility requirements set forth herein. You agree to accept the decisions of Playbrush as final and binding in all matters related to the sweepstakes. Winners of the sweepstakes will be selected at random using a random number generator.
18.3. Sweepstakes Period: Entries will be accepted for the time period described on the giveaway landing page or post. If exact start and end times are not detailed, then entries will be accepted from the time of the first giveaway post until 23 PM CET on the final date listed.
18.4. Prizes: Winners receive prizes the same as described in the social media post for the sweepstakes. The prize is non-transferable and cannot be exchanged for cash.
18.5. Prize Claim: Winner(s) must claim the prize within 48 hours from the time Playbrush announces the winner(s). The instructions for claiming the specific prize will be sent to the winner after the announcement is made. If prize is not claimed within 48 hours, Playbrush is not obligated to hand out the prize.
18.6. Winner Selection: Winners of the sweepstakes will be selected at random using a random number generator.
18.7. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these rules and abide by the eligibility requirements set forth herein. You agree to accept the decisions of Playbrush as final and binding in all matters related to the sweepstakes.
18.8. Limitation of Liability: Playbrush shall not be held responsible for any damage that may occur in the course of your participation in the giveaway, directly or indirectly, unless Playbrush has caused certain damage wilfully or with gross negligence. In the event of slight negligence, Playbrush shall be liable only for personal damages. Before entering, each participant is responsible for ensuring that the participant is eligible for the giveaway based on local laws.
18.9. Rights Granted by You: By entering this contest, you give full consent to Playbrush to use the entered data (Name, Address, E-Mail) for selecting a winner and to contact you by the indicated means of communication (e.g. social media, email, or other means). Playbrush will not use this data for any other purpose. Our Privacy Policy - https://www.playbrush.com/en/privacypolicy/ - applies.