General terms and conditions
FOR THE PLAYBRUSH RANGE OF PRODUCTS AND SERVICES
We, the Playbrush team, are glad that you are interested in our products and are convinced that our Playbrush Mobile Applications in combination with the Playbrush devices are just right for you and your family.
Please read the following Terms carefully before using Playbrush's services. They represent our terms and conditions regarding the use of our apps and website, as well as their services, features, content and applications.
1.1 Playbrush operates an interactive platform and mobile applications with the aim of improving oral and dental hygiene and has dental hygiene products produced and sells these.
1.2 In order to use the full range of Playbrush products and services, a one-time registration (see section 4, below) and the conclusion of a subscription (see section 6, below) is required. Selected public content as well as general descriptions of the Playbrush Mobile Applications and the Playbrush Website, are also available to the User without registration and/or subscription.
1.3 Your health is very important to us. ALWAYS consult your doctor regarding your dental care habits and health. Playbrush is in no way a substitute for your doctor and assumes no responsibility for your actions or the actions of your children. All content on the Playbrush Website, whether provided by Playbrush itself, partners or Users, is not a supplement to or substitute for information provided by a doctor or pharmacist. By agreeing to these Terms, you acknowledge that you, as a User, are solely responsible for the health of you and your child.
2. APPLICATION OF THE TERMS AND CONDITIONS
2.1 Playbrush offers the Playbrush Website and the Playbrush Mobile Applications on the basis of these Terms. When registering for ALL versions of the mobile applications, the User must explicitly accept these Terms by clicking a checkbox.
2.2 Neither registration nor use of the full range of products and services of Playbrush is possible without explicit consent to these Terms.
2.3 These Terms apply to all access points, including the Playbrush Website, its (sub-) domains as well as all Playbrush mobile applications available from time to time, to the Playbrush product and service offering.
2.4 These Terms, in the currently valid version of February 15, 2023, shall apply until revoked.
2.5 The following definitions apply to these Terms:
"Playbrush" together means Playbrush GmbH, Obere Donaustrasse 71/9-12, 1020 Vienna, Austria, and Playbrush Ltd, 2nd Floor Millbank Tower, 21-24 Millbank, London, SW1P 4QP, United Kingdom.
"User" or "You" means any person who uses a Playbrush product or service, such as a Playbrush App or the Playbrush Website, with or without purchase or registration.
"Playbrush Mobile Applications" means the mobile applications offered by Playbrush for Apple iPhones and Android smartphones, such as Playbrush Kids and the Playbrush App.
"Playbrush Games" means all games that can be played with Playbrush App or Playbrush Kids.
"Playbrush App and Playbrush Kids" means Playbrush mobile applications, the purpose of which is to allow a User to view all of his or her collected data about a User from all Playbrush Games. Playbrush Kids App is also used to play the Playbrush Games.
"Playbrush Website" means all Playbrush online offerings accessible through any of the following domains or any of their subdomains: playbrush.com, playbrush.io.
"Profile" means the individual record associated with a particular person among all Playbrush Mobile Applications and identified by a selected alias name. A User who has purchased a subscription may create multiple Profiles under one subscription, e.g. one for himself and one for each of his or her children or family members.
3. PLAYBRUSH PRODUCTS AND SERVICES
Playbrush currently offers its Users the following applications or information in multiple languages:
3.1 Through the Playbrush Website;
a web store where the User can purchase Playbrush devices and subscriptions;
- Content e.g. texts, images, videos about dental care, health and nutrition are presented by Playbrush as well as third parties (e.g. dentists, mothers);
- Status messages;
- Blog: Presentation of company content, products and news in long form;
- Other content:
- About us: short description of Playbrush;
- Dentists/Corporate Offers: Offers directed to companies and/or dentists;
- Partners/In trade: Representation of Playbrush's partners and supporters;
- Advertising by Playbrush and/or third parties;
Users can edit these Profiles (that is, change the characters and add or delete game profiles). Both Profiles in the Playbrush Mobile Apps and Kids Profiles in the Playbrush Monitoring App can be irrevocably deleted by the User. Deletion can be done within the Playbrush App or the Playbrush Kids App, or by sending an e-mail to [email protected] with the e-mail address provided during registration and a request for final deletion.
3.2 Playbrush Mobile Applications (Playbrush Kids App, Playbrush App)
3.2.1 Playbrush Mobile Applications are available for Apple iPhones and Android smartphones worldwide. The minimum system requirements for your smartphone can be found here.
3.2.2 These Playbrush Mobile Applications can be used in conjunction with a Playbrush on a smartphone or tablet, and/or in conjunction with the Playbrush Website.
3.2.3 Some of the Playbrush Mobile applications for children can be used without a subscription, while others require a subscription.
3.2.5 The User can visualize his or her cleaning behavior through statistics and evaluation of User activities (cleaning behavior, scores, etc.).
3.2.6 A User’s data aggregated from the use of all Playbrush Mobile Applications is synchronized in the “Statistics” section and is accessible to the User.
3.2.8 The User hereby acknowledges that when transferring data from the smartphone or tablet to the Playbrush Website or server, costs may be charged by the mobile operator, which shall be borne by the User.
3.2.9 The mobile applications are available only to owners of smartphones or tablets.
3.3.1 Playbrush has concluded a group insurance policy with UNIQA Österreich Versicherungen AG, Untere Donaustraße 21, 1029 Vienna (hereinafter “UNIQA”) for its customers who opt for this group insurance. The insurance is only possible for children up to their 16th birthday. Only one person can be insured per subscription. In order to join the insurance, the User taking out a subscription must expressly agree that he/she wishes to join this insurance contract and provide the name and date of birth of his/her child to be included in this group insurance. The conclusion of this insurance is in no way a prerequisite for the use of a Playbrush service or for the registration of a User, and Playbrush will not provide UNIQA with any data or take any action in relation to this insurance without the express consent of the User.
This insurance covers only the cases of dental accidents, not the regular dental treatments, and is limited to the amount indicated in the insurance confirmation that the User receives.
More information about the insurance
3.3.2 In the case of subscriptions for children, this insurance covers only cases of dental accidents, not regular dental treatment, and is limited to the amount indicated in the insurance confirmation that the User receives. The insurance is only available for children up to their 16th birthday. More information about the insurance for children here.
In the case of subscriptions for adults, insurance cover is provided for the reimbursement of the cost of a plastic filling for the molars and reimbursement of the cost of dental prophylaxis, depending on the subscription package selected. Only persons who have reached the age of 14 at the time of activation of their subscription and are younger than 75 years of age can be insured
Further information on insurance for adults here.
3.3.3 UNIQA Playbrush Group insurance is only available to Users with permanent residence in Germany and Austria.
3.3.4 If a User decides to take out insurance with the group insurance contract with UNIQA within the scope of the Playbrush subscription, a contract is concluded directly between the User and UNIQA.
3.3.5 To be noted: Section 4.2. shall apply here. The person choosing insurance through this service guarantees that he/she is able to contract for him/herself, that he/she is at least 18 years old and that the child to be insured is legally under his/her parental supervision.
3.3.6 Playbrush is only a party to the group insurance contract, but does not act as a representative of UNIQA in any way. All insurance claims are handled directly by UNIQA. Only as an additional service, Playbrush will forward a User’s claim to the relevant claims department of UNIQA if the User submits his or her claim directly in the App via or at www.playbrush.com/schaden-melden. In such cases, the User must provide a valid confirmation number, which he or she will receive after signing up for insurance.
Playbrush does not further assist the User in making claims and does not assume responsibility in any way for the processing of claims.
3.4 Other services provided by Playbrush:
4.1 In order to use the Playbrush Website and Playbrush Mobile Applications, Playbrush requires a one-time free registration. Unrestricted use also requires a paid subscription (see section 6. below).
4.2 Only persons with unlimited legal capacity are allowed to register with Playbrush. By registering, the User declares that he or she is at least 18 years old. If a User registers to provide access to Playbrush's products and/or services to his or her children or persons under his or her parental supervision who are under 18 years of age ("Minors"), the User consents to the use of Playbrush's products and/or services by such Minors. The Registering User further represents and warrants that it will at all times monitor and observe the use by such Minors and that it will prevent the acceptance by such Minors of any additional terms or amendments to these Terms without its supervision.
4.3 Each User may register with Playbrush only once and assures with the registration that he/she is not yet a registered User with Playbrush or has deleted any previously used account.
4.4 The User has two different ways to register:
4.4.1 Registration via registration form on the Playbrush Mobile Application: To register, the User must provide the data in the registration form, e.g. first name, last name, birthday, telephone number, completely and correctly, unless this information is marked as voluntary. Registration is only possible with the civil name, i.e. not with fantasy names or pseudonyms.
4.4.2 Transfer by Playbrush of the User's registration data from the Facebook, Twitter or Instagram social network: Registration via Facebook Connect, Twitter or Instagram requires confirmation that the selected data that the User has already verified on Facebook, Twitter or Instagram can be transferred to the Playbrush network. This data can be subsequently expanded or reduced by the User in their own Profile on the Playbrush Website.
4.5 After successful registration, the User may log in to the Playbrush Website and any Playbrush Mobile Application by entering the e-mail address and the selected password.
4.6 If the registration is not completed, e.g. due to missing personal data or missing consent to these Terms, Playbrush will not store the provided registration data.
4.7 Playbrush reserves the right to refuse Users without giving reasons. In this case, the transmitted data will be deleted immediately.
5. FRAUD PROTECTION OF USER ACCOUNTS
5.1 User shall protect its registration data against unauthorized access by third parties, misuse or fraudulent use. The User shall immediately report any unauthorized, improper or fraudulent use of his or her account, as well as any suspicion that his or her account may be at risk of such use, by sending an e-mail to [email protected].
5.2 In case of fraudulent use of User accounts, Playbrush will not refund any amounts paid by the User to Playbrush in connection therewith until the User has reported the unauthorized access, misuse or fraudulent use via e-mail.
5.3 Playbrush has the right to close or cancel the account of any Registered User if Playbrush reasonably suspects that misuse or fraudulent use of the account has occurred.
6. SPECIAL PROVISIONS FOR GAMING AND DENTAL SUBSCRIPTIONS
6.1 Subscription Periods. Users have the option to take out a subscription on the Playbrush Website. The duration of the subscriptions offered by Playbrush may vary, e.g. annual, semi-annual, quarterly or monthly subscriptions may be available for selection. If the Subscriber does not cancel the subscription no later than three days before the end of the selected subscription period by sending a notice by e-mail to [email protected], the subscription shall be renewed for an indefinite period of time and may be cancelled by the User on a monthly basis.
6.2 Contents of the subscriptions. The content of the subscriptions is defined in the respective subscription offer. The subscriptions may include, for example, unrestricted access to the mobile applications, the delivery of dental products (e.g. replacement brushes) and/or any insurance services pursuant to Section 3.3. After payment of the respective stated fee for the respective selected payment period plus tax and shipping costs, the User may use all relevant services (app access and, if selected, insurance services) or - if selected - receive the dental products delivered to the specified address.
6.3.1 Fees shall be paid in advance, either for the entire subscription period or for defined periods (e.g. monthly). In the case of subscriptions extended for an indefinite period, the fees shall be paid in advance for the period corresponding to the originally selected contract period, i.e. if the original contract period is e.g. six months, the fees shall be paid in advance every six months after extension for an indefinite period. The amounts are specified in the subscription offer. They are non-refundable in the event of premature termination of a contract concluded for a definite period. In the event of termination of a contract concluded for an indefinite period, the refund of amounts paid shall be governed by Section 6.5.2. The User shall choose the subscription period that best suits his/her needs. As soon as the User has booked and paid, this validity period (incl. any free trial periods) will be recorded in the User account (visible in the app).
6.3.2 The fees for the respective payment periods of the toothbrush subscription are due for payment upon invoicing. The User can settle them using various payment options (for example, Paypal, credit card, bank transfer). If a fee cannot be collected from a bank account specified by the User, e.g. due to insufficient funds in the account, the User shall bear all costs arising therefrom, in particular bank charges in connection with the return of direct debits or comparable charges. Playbrush may send invoices and payment reminders to Users by e-mail.
6.3.3 In the case of subscriptions with a free trial period, customers 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 unrestricted access to the corresponding mobile application. Dental deliveries will not be made until the free trial period expires. Until the end of the free trial period, the User can cancel the subscription by sending an e-mail to [email protected] up to three days before the end of the free trial period, so that the subscription does not turn 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 In the case of subscriptions with a fixed duration, the User will receive a notice by e-mail to the provided e-mail address seven days before the end of the selected subscription period that the subscription will be renewed for an indefinite period if the User does not cancel the subscription. The automatic renewal can be prevented by sending no later than three days before the end of the subscription period a notice of cancellation by e-mail to [email protected]. As soon as the subscription period selected by the User reaches its end, the User's booking will be automatically renewed for an indefinite period of time, unless the User has cancelled it in time before the end of the subscription period, and the User's credit card or account will be charged with the current standard price corresponding to the subscription period originally concluded, i.e. not with the promotional price, if any. In the case of subscriptions for an indefinite period, the User will be sent a notice of the impending debit by e-mail seven days before the end of the respective billing period (i.e. every six months in the case of an original subscription period of six months), including a notice of the need to cancel the contract no later than three days before the end of the billing period in order to prevent a debit.
6.5.1 The User may cancel any subscription to a Playbrush Service at any time by sending an e-mail to [email protected]. Unless otherwise provided for in Sections 6.5.2. and 8, Playbrush shall not refund any fees already paid. If the User of a monthly subscription cancels the subscription within the first 24 months from the date 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 offer without a stated additional cost. The Termination Fee will be announced when the respective subscription is concluded and will only be charged in the event of premature termination (i.e. within the first 24 months). The User will receive a separate invoice for this via e-mail. The User can check the validity of the booking period at any time in his or her User account in the app or via the customer service ([email protected]). Users may also write to [email protected] to request cancellation of their subscription.
6.5.2 In case of termination of a contract extended for an indefinite period, which was originally concluded on or after March 1, 2022 by a User with habitual residence in Germany, the User shall be refunded any fees paid in advance on a pro rata basis for the advance payment period not yet expired, i.e. if the User has paid in advance for six months and terminates the contract after two months, the User shall be refunded the fees for the remaining four months. However, the User will only get back the part of the fee that is due for brushes/hardware that have already been sent if the User sends these goods back to Playbrush GmbH, Obere Donaustrasse 71/9-12, 1020 Vienna, Austria. Moreover, goods that are delivered sealed and are not suitable for return for reasons of health protection or hygiene (in particular brushes) can only be returned if their seal has not been removed. For contracts originally concluded before March 1, 2022 and/or by a User with habitual residence outside of Germany, this provision shall not apply and the User shall not be entitled to a refund from the fee paid in advance.
6.5.3 All digital access rights based on the subscription shall be terminated after termination upon expiration of the prepaid Subscription Period.
6.5.4 If the User has also selected and activated insurance pursuant to Section 3.3, such insurance shall also be automatically terminated as soon as the User no longer has a valid subscription.
6.5.5 The entitlement to deliveries of dental products included in the subscription offer expires automatically upon termination.
7. TERMINATION OF USERS AND EXCLUSION
7.1 The User is entitled to terminate the use of the online subscription of the Playbrush Website at any time in accordance with item 6. For the termination of subscriptions, the respective commitment periods or - if applicable - the agreed fee for early termination ("Termination Fee") pursuant to section 6 shall apply. The termination of use must be confirmed once.
7.2 Furthermore, Playbrush reserves the right to exclude the User from the Playbrush Website and/or from Playbrush Services or Mobile Applications, for good cause, e.g. in case of gross violations of the User's obligations - see section 10. below.
8. INFORMATION ON RIGHT OF WITHDRAWAL FOR CONSUMERS
8.1 Information on Right of Withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has taken possession of the goods or, in the case of a uniform order, has taken possession of the last goods.
To exercise your right of withdrawal, you must inform us, (Playbrush GmbH, Obere Donaustraße 71/9-12, 1020 Vienna, Austria, e-mail: [email protected]), by means of a clear statement (e.g. a letter sent by post or an e-mail) of your decision to withdraw from this contract.
You can also use our sample withdrawal form (download here), which is not mandatory. If you make use of this option, we will immediately send you a confirmation (e.g. by e-mail) about the receipt of such a revocation.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Unless otherwise agreed by the parties, the right of withdrawal does not apply to contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene if their seal has been removed after delivery.
8.2 Consequences of Withdrawal
If you withdraw from this contract, we will reimburse you all payments that we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment. We can refuse the repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the withdrawal from this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the condition, properties and functioning of the goods.
9. DUTIES AND CONDUCT OF THE USER
9.1 Each User who registers for a Playbrush service undertakes,
9.1.1 to provide his or her registration data truthfully and to keep it up to date and complete and not to disclose it to any third party;
9.1.2 only to store, publish, transmit and distribute content, e.g. photos, images, text, representations or videos, which he or she is authorized to distribute, i.e. (i) either the User owns the exclusive rights of use or (ii) if the User is not the owner of the rights to any content posted by him or her, he or she warrants to Playbrush that he or she has effectively obtained all necessary rights, licenses, consents or the like. This also applies to content that is subject to intellectual property rights, in particular copyrights and ancillary copyrights, design rights, trade name and trademark rights. The responsibility for this content lies exclusively with the User;
9.1.3 not to store, publish, transmit or distribute any racist, insulting, discriminatory, defamatory, sexual, violent or otherwise illegal content;
9.1.4 not to send chain letters or messages, e.g. mass mails or spam, to several persons at the same time;
9.1.5 not to make any disruptive interventions with technical or electronic aids into the Playbrush network, in particular hacking attempts, brute force attacks, introduction of viruses/worms/Trojans and other disruption attempts affecting the software and hardware of Playbrush;
9.1.6 not to copy, disseminate and transmit accessible data without the express consent of the respective rights holder or to read out such data using technical aids such as crawlers or bots;
9.1.7 report any violations of the above obligations immediately by e-mail to [email protected];
9.1.8 to handle personal data with care and to grant access to one's own data only to those persons with whom a close relationship already exists; and
9.1.9 regularly back up important personal data itself externally, e.g. on storage media, hard disk or in the cloud. Playbrush is not responsible for lost or damaged data.
10. SANCTIONS IN CASE OF VIOLATION OF THE OBLIGATIONS BY THE USER
10.1 In order to ensure proper and serious provision of the Services, Playbrush has the right to implement the following sanctions in case of violation of the obligations by the User:
- Deleting content;
- Temporary suspension of the User;
- Exclusion (final suspension).
10.2 The choice of the sanction depends on the intent, severity or manner of the offense, taking into account the interests of both parties. These sanctions shall apply without prejudice to any further claims for damages or other claims that Playbrush may have against the User in this context.
10.3 In the event of exclusion from the Playbrush Network pursuant to this Section 10, the User may not register again.
11. USER CONTENT
11.1 Playbrush allows its registered Users to upload certain content to the Playbrush Mobile Application and/or the Playbrush Website. Users may upload, store, publish, distribute, transmit and share content with other Users.
11.2 The User agrees that advertising may also take place in the environment of the created or uploaded content, which is marketed by Playbrush.
11.3 Users represent and warrant to Playbrush that they own all rights necessary to upload and share such User Generated Content in accordance with Section 9.1. Playbrush does not claim ownership of any Created Content. Playbrush will not exercise any supervisory role with respect to User-Created Content.
11.4 Playbrush reserves the right to delete content created by Users without giving reasons. In this case, the User will be informed and, if applicable, sanctioned for a violation of these Terms in accordance with Section 10, this applies regardless of any further claims for damages or other claims that Playbrush may have against the User in this context.
11.5 Furthermore, Playbrush does not assume any liability for incorrectly created content of the Users.
13. WARRANTY AND LIABILITY
13.1 Playbrush does not warrant that the Playbrush Website or the Playbrush Mobile Applications will be available continuously, completely and error-free, or that the required software and hardware will work error-free.
13.2 Playbrush cannot control and does not guarantee that the data transfer by the User, in particular via the Internet or telecommunication networks, will not be tracked, recorded or falsified by third parties.
13.3 The use of the Playbrush offer by the User is exclusively at the User's own risk. This applies without limitation to
13.3.1 the use of the hardware used in the process, including, but not limited to, (i) the applicable smartphone or tablet, (ii) hardware offered by Playbrush (such as the Playbrush Smart Device, the Playbrush Smart Sonic® Device, the Playbrush Smart One Device, and Playbrush Smart One X, each including the Brush Head); (iii) the charging station and cables; and (iv) the bathroom mount for smartphones (if included in the applicable Package);
13.3.2 the downloading of own and third-party content by the User; and
13.3.3 any use by the User of data created by Playbrush or provided by Playbrush, including, but not limited to, (i) measured brushing behavior, or (ii) recommended actions (e.g. tooth brushing tips), and the like. User expressly acknowledges that such data may be inaccurate and, to the extent permitted by law, Playbrush assumes no responsibility for the accuracy of such data.
13.4 The use of any Playbrush software or hardware does not replace the User's consultation with a specialized physician.
13.5 Playbrush does not provide any warranty for external links, banners or other information and advertising offers that may be placed for the User. Legal transactions that are concluded between the User and a third party provider, e.g. via linked pages or banners, lead to contractual relationships exclusively between the User and the third party provider. Playbrush does not assume any warranty for the services of third party providers.
14. DISCLAIMER OF LIABILITY
14.1 Playbrush shall be liable within the framework of the existing statutory provisions, regardless of the legal grounds (pre-contractual, contractual, extra-contractual) only if damage was caused by Playbrush, gross negligence or intent. In case of slight negligence Playbrush is not liable to companies and to consumers only with regard to injury to life, body, health. A liability of Playbrush against companies for consequential damages, mere financial losses, lost profits, damages from third party claims is excluded.
14.2 Except for the cases prescribed by law, neither Playbrush, nor the companies affiliated with Playbrush, shall be liable for any damages that may arise from the use of content made available through the online and mobile offer or other ways of using the online offer. This also applies to damages that may result from errors, problems, viruses or loss of data.
14.3 Playbrush shall not be liable for any downloaded material or material obtained by the User as a result of using the Service on the Playbrush Website. The User shall be solely liable for any damage it may cause to its computer system or for the loss of data due to the downloading of any material related to Services from the Playbrush Website.
14.4 The User assumes full liability for any complaint, action judicial, extrajudicial or of any other nature that arises from or is in any way related to conflicts with other Users. The User acknowledges and accepts that Playbrush shall under no circumstances and in no way be responsible for the acts or omissions of other Users, including any damage arising from said acts or omissions.
15. RELEASE FROM LIABILITY BY THE USER
15.1 The User shall indemnify Playbrush against any claims made by third parties against Playbrush due to an infringement of their rights by the content posted by the User on the Playbrush Website or by the User's other use of the applications available via the Playbrush Website; this applies in particular to claims of third parties in connection with the infringement of trade secrets, copyrights or other intellectual property rights in connection with content uploaded by the User to the Playbrush Website or a Playbrush Mobile Application. In this regard, the User shall bear the costs of any necessary legal defense of Playbrush, including all court costs and attorneys' fees in the statutory amount. This does not apply if the infringement is not due to any culpable conduct of the User.
15.2 In the event of a claim by a third party, the User is obliged to immediately, truthfully and completely provide Playbrush with all information available to it that is necessary for an examination of the claims and a defense.
Any further claims for damages by Playbrush against the User shall remain unaffected.
16. AMENDMENT OF THE GENERAL TERMS AND CONDITIONS
16.1 Playbrush reserves the right to amend these Terms from time to time, in particular, but not limited to, to comply with legal regulations or requirements, to comply with economic efficiency or to accommodate User interests. The current version of the Terms is available on the Playbrush Website.
16.2 Changes to these Terms, with the specific exception of the removal or addition of Playbrush Mobile Applications subject to these Terms (see Section 3.), require the User's consent. To the extent Playbrush wishes to make any change to the Terms, Playbrush will notify the User as soon as possible. Such notification will be made either (i) to the e-mail address provided during registration, or (ii) on the relevant pages of the Playbrush Website, or (iii) on any device by means of which the User uses Playbrush's services. Playbrush will call upon the User to accept the new Terms by checking the applicable box "Yes", or "I accept", or similar consent option. Any changes to the Terms will become effective within thirty days from the date of publication.
16.3 If the User does not agree to the amended Terms and continues to use the products and services offered on the Playbrush Website after the Terms have been amended or after the User has been notified of the amendment, or after the expiry of thirty days, this shall be deemed to be the User's consent to the amended Terms.
16.4 Amendments or supplements to these Terms pursuant to Section 16 must be made in writing. There shall be no verbal collateral agreements.
17. OTHER PROVISIONS
17.1 Should individual provisions of these Terms be or become invalid, the remaining terms and conditions shall remain unaffected.
17.2 Applicable law and place of jurisdiction.
17.2.1 These Terms and all legal relations and disputes between Users and Playbrush shall be governed exclusively by Austrian law, with the exception of the conflict of law rules and the UN Convention on Contracts for the International Sale of Goods. Notwithstanding the foregoing, for Users who are consumers and have their habitual residence in the EU, all provisions of the law of the User's country of residence that are more favorable to the User than Austrian law shall apply.
17.2.2 The parties agree to submit to the non-exclusive jurisdiction of the competent court for 1010 Vienna, Austria, for all disputes arising from these Terms. This means that the User may bring claims against Playbrush before this court in Vienna, Austria, or in the EU country where the User resides. Claims of Playbrush against a User who is a consumer and has his or her habitual residence in the EU can only be asserted at the place of residence of the User.
Alternatively, alternative dispute resolution may be used for disputes arising from paid contracts in accordance with Section 19 of the Austrian Alternative Dispute Resolution Act (“Alternative-Streitbeilegung-Gesetz”) and Article 14 of Regulation (EU) No. 524/2013. Such 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. COMPETITIONS & DISCOUNT PROMOTIONS
18.1 Section 18 contains the general conditions under which competitions, prize draws and discount promotions are conducted. In the following, the words "competition" and "discount promotion" are used interchangeably and alternately.
18.2 Agreement: Eligible to participate are natural persons who have reached the age of 18 and follow the instructions provided on the landing page, widget, blog post and / or social media post. Employees of Playbrush and their relatives are excluded from participation. Recourse to the courts is excluded. The winners will be determined automatically and at random. The prize cannot be redeemed in cash, must be taken by the winner him- or herself and can also not be transferred to other persons.
18.3 Competition Period: The competitions begins and ends at the time specified on the landing page and / or blog or social media post. If no exact time is specified, it begins as soon as it is put online.
18.4 Prizes: Winners will receive the same or similar prizes. While supplies last. Playbrush is not responsible for lost or stolen prizes.
18.5 Claim: Winners must claim their prize within 48 hours of the announcement.
Instructions on how to claim the prize will be sent to the winners when they are announced. The claim to the prize will be forfeited if the prize is not claimed within 48 hours.
18.6 Selection of winners: Winners will be determined by a random number generator.
18.7 Agreement to the Rules: By participating, the User agrees to fully abide by these Rules and to abide by the terms and conditions of participation set forth. The User agrees to accept Playbrush's decisions as final and binding in all matters related to the competitions.
18.8 Limitation of liability: Playbrush shall not be liable for any damage caused directly or indirectly during the participation in the competition, unless Playbrush has caused a specific damage intentionally or by gross negligence. In the event of slight negligence, Playbrush shall only be liable for personal injury. Prior to participation, each participant is responsible for ensuring that he or she is eligible to participate in the competitions under local laws.