1. General and Scope
13. Proprietary Rights | User Data
1.1 These Terms of Use ("Terms") govern the use of the digital avalanche training courses and all other offers from schneeWISE ("Services"). They apply to all contracts between DST - Digital Sport Training GmbH, Franz-Jonas-Straße 37, 9500 Villach, Austria ("schneeWISE") and the users of the schneeWISE platform ("you"), regardless of whether the use is private or commercial. This includes use via the schneeWISE website and apps.
These Terms apply to all schneeWISE users. However, depending on your country of residence, these Terms may be supplemented or amended by additional provisions. You can find these country-specific provisions at the end of this document.
1.2 These Terms apply to all orders for Services that you place online, by email, via an app or in any other way with schneeWISE.
1.3 These Terms also apply to all your future orders with schneeWISE.
1.4 These Terms apply exclusively. Deviating terms and conditions from you only apply if schneeWISE has agreed to them in writing.
1.5 "In writing" in these Terms means with a handwritten signature or with a qualified electronic signature. In the cases mentioned in these Terms, the exchange of simple e-mails is also sufficient.
1.6 All communications to schneeWISE must be made in text form (e-mail is sufficient).
2. Free Services and Paid Services, Updates, Beta Versions, Demo Trainings and AI Elements
2.1 schneeWISE offers you access to digital and interactive avalanche training courses. These courses are provided as Software-as-a-Service and include virtual tours and other functions ("Services"). You can use the Services for a fee. schneeWISE reserves the right to change the scope of the Services or to block access to certain Services. In this case, you will be informed by schneeWISE in a timely manner.
2.2 schneeWISE may update and improve the Services at any time. This includes changes to the design, functionality, content and technical specifications.
2.3 In addition to the paid services, schneeWISE also offers free demo training courses. These demo training courses may be limited in scope and functionality. schneeWISE may change or discontinue the free services at any time.
2.4 schneeWISE may initially offer new functions and services as a beta version. These beta versions may be faulty or incomplete. Use is at your own risk.
2.5 schneeWISE may, at its own discretion, integrate or make accessible elements that use artificial intelligence into the Services. These AI elements are identified accordingly by schneeWISE.
2.6 schneeWISE may integrate content from third-party providers into its Services. The terms of use of the respective third-party provider apply to the use of this content. You may need to create an account with the third party provider.
3. User Account, Conclusion of an Order
3.1 In order to use the services of schneeWISE, you must create a user account. To do this, you must accept these terms of use and provide some personal data (name, email, address). You can either create a new account or log in with an existing account from a third-party provider (e.g. Facebook, Google or Apple). After registration, you will receive an email from schneeWISE with which you can activate your account.
3.2 Persons under the age of 16 may only register with schneeWISE with the consent of their parents. Please send us an email to office@schneewise.com to do so.
3.3 If you wish to use schneeWISE's paid services, you must order them through your user account. Offers from schneeWISE are non-binding. By submitting an order, you make a binding offer. The ordering process includes selecting the desired services, entering your data, selecting a payment method and agreeing to the terms of use. schneeWISE accepts your order by email confirmation.
3.4 schneeWISE does not save the contract text after an order has been placed. You should therefore save the order confirmation and these terms of use.
4. Rights and Restrictions of Use
4.1 By purchasing a course you acquire the right to use it for your personal further education. The courses may only be used by yourself. Passing on your access data to third parties is not permitted.
4.2 You are prohibited from copying, modifying or distributing the course content. You may not use the courses for commercial purposes. You may also not extract and use the source code of the courses for your own purposes.
4.3 schneeWISE reserves all rights to the course content, including copyrights and trademark rights.
4.4 You may not export or re-export any data in violation of applicable laws and regulations.
4.5 You may not reproduce, process, share or publicly reproduce the content without the written consent of schneeWISE.
4.6 schneeWISE is entitled to monitor your use of the services and to block your access if you violate these terms of use.
5. User's Obligations
5.1 In order to use the services of schneeWISE, you must ensure that your technical devices meet the necessary requirements. This includes, among other things, a computer or smartphone with up-to-date software and browser, as well as a stable internet connection. You can find the exact technical requirements on the schneeWISE website.
5.2 You are responsible for ensuring that the information in your user account is always up-to-date and correct. You must keep your access data (user name and password) safe and protect them from access by third parties. If you suspect that your access data has been misused, you must inform schneeWISE immediately.
5.3 You are solely responsible for all content that you upload or share on the schneeWISE platform. schneeWISE assumes no responsibility for the accuracy or legality of this content.
5.4 schneeWISE may remove content or block your access to the services if you violate these terms.
5.5 Subject to the provisions of Clause 16, you are liable for any loss or damage suffered by schneeWISE because you intentionally or negligently disclosed your identity/password to a third party or because your identity and password became known to an unauthorized person.
6. Virtual Classroom, Live Sessions
6.1 schneeWISE offers live sessions with mountain guides and experts ("Virtual Classroom"). These sessions take place online.
6.2 To participate in a Virtual Classroom session, you must log in to your user account and book the session.
6.3 schneeWISE makes every effort to provide the desired experts, but cannot guarantee this.
6.4 Participation in the Virtual Classroom sessions is personal and non-transferable.
6.5 You are responsible for meeting the technical requirements for participating in the sessions.
6.6 schneeWISE may cancel the Virtual Classroom sessions at any time.
6.7 If you cancel a booked and paid session at short notice or do not participate in it, schneeWISE may charge a cancellation fee.
6.8 You may use the materials provided in the Virtual Classroom sessions only for your personal use. It is not permitted to make video or audio recordings of the sessions.
7. Support
7.1 schneeWISE offers you support with questions and problems with the paid services.
7.2 schneeWISE support is available to you by email at support@schneewise.com. Support is available Monday through Friday during regular business hours.
7.3 schneeWISE makes every effort to keep the services running smoothly. Should you nevertheless encounter problems, you can report them by email to support@schneewise.com.
8. Availability of Services
8.1 schneeWISE endeavors to keep the services available at all times. However, temporary outages may occur, e.g. due to maintenance work or technical problems.
8.2 schneeWISE is not liable for outages caused by circumstances beyond schneeWISE's control (e.g. internet disruptions).
9. Fees, Terms of Payment, Right of Offset
9.1 You can find the prices for the courses on the schneeWISE platform. All prices include VAT.
9.2 You can purchase the courses individually or as a package. The prices for the packages are listed on the platform.
9.3 Payment is made via the payment methods offered on the platform.
9.4 Invoices are usually sent by email. The invoice amount is due immediately upon receipt of the invoice.
9.5 You only have a right of offset if your counterclaim has been legally established, is undisputed or has been acknowledged by schneeWISE.
10. Gift Certificates
10.1 You can purchase gift certificates from schneeWISE. These vouchers can be used to purchase courses and other services from schneeWISE.
10.2 The gift certificates are sent by email in the form of a code.
10.3 You can pass the gift certificates on to other people.
10.4 To redeem a gift certificate, you must enter the code during the ordering process.
10.5 A payout of the voucher value is not possible.
11. Term and Termination
11.1 The term of a course is 6 months from the date of the order confirmation.
11.2 You can cancel your order within the first 14 days after purchase. You can find details on the right of withdrawal in Section 17.
11.3 Termination of the course before the expiry of the term is not possible.
12. Warranty
12.1 schneeWISE warrants that the paid services essentially comply with the descriptions on the website and in the FAQs.
12.2 Should a service nevertheless not correspond to the description, you are entitled to the statutory warranty rights. However, schneeWISE's liability for damages is limited in accordance with Clause 16.
12.3 You are not entitled to the surrender of the source code of the services.
13. Proprietary Rights | User Data
13.1 schneeWISE is and remains the owner of all proprietary rights to the training content, including course content, images, texts, audio, software and trademarks. You do not acquire any ownership rights to the content by placing an order.
13.2 You may use the course content only for your personal use within the agreed term. You may not reproduce, distribute or make the content publicly accessible.
14. Data Protection
The processing of personal data by schneeWISE is explained in schneeWISE's data protection declaration.
15. Indemnification
15.1 You are obliged to indemnify schneeWISE against all claims of third parties arising from a breach of these terms of use by you. This applies in particular to claims due to copyright infringements, defamation or other illegal acts.
15.2 schneeWISE indemnifies you against all claims of third parties arising from the fact that schneeWISE's services infringe the rights of third parties (e.g. patents or copyrights).
16. Limitation of Liability
16.1 schneeWISE is only liable for damages caused by intent or gross negligence on the part of schneeWISE or its employees.
16.2 For damages caused by slight negligence, schneeWISE is only liable for breach of essential contractual obligations, the fulfilment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely. In these cases, liability is limited to the typically foreseeable damage.
16.3 schneeWISE's liability is in any case limited to twice the amount of the course fees paid by you.
16.4 The limitations of liability do not apply in cases of intent, gross negligence, injury to life, body and health, fraudulent intent and claims under the Product Liability Act.
16.5 The theoretical and digital content provided by schneeWISE serves to expand your knowledge, sharpen your awareness of danger and enable you to act with foresight in order to increase your safety in practice. However, before you apply the knowledge gained here in practice, it is essential to practice under the guidance of a qualified person and have them confirm the correct application. The practical implementation of what has been learned depends on many factors, such as weather conditions, terrain and your individual physical condition. The responsibility for the application in practice therefore lies solely with you.
16.6 Theoretical knowledge can never replace practical instruction and practice, but can only ever supplement it in a meaningful way. For this reason, schneeWISE assumes no liability for the correctness and completeness of the information provided and no responsibility for direct or indirect damage and/or injuries that occur despite following the information.
16.7 The digital avalanche training courses have a simulated character and do not reflect all actual dangers and risks outdoors. Liability for accidents and damage in connection with the use of the courses is excluded.
17. Right of Withdrawal
17.1 You have the right to cancel your order within 14 days of the conclusion of the contract without giving any reason. The withdrawal period begins on the day the contract is concluded.
17.2 To exercise your right of withdrawal, you must inform us (DST - Digital Sport Training GmbH, Franz-Jonas-Straße 37, 9500 Villach, Austria, email address: office@schneewise.com) of your decision to withdraw from this contract. You can do this by submitting a clear statement, e.g. by email. 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.
17.3 If you cancel your order, we will refund you all payments we have received from you, including delivery costs. The refund will be made immediately and no later than fourteen days from the day on which we receive notification of your cancellation. We will use the same means of payment for the refund that you used for the original transaction.
18. Assignment of Contract
18.1 schneeWISE may assign its rights and obligations under the contract to another company. You will be informed of this in a timely manner.
18.2 You may only assign your rights and obligations under the contract to another person with the consent of schneeWISE.
19. Final Provisions
19.1 These terms of use and the respective order form the entire agreement between you and schneeWISE.
19.2 Should individual provisions of these terms of use be invalid, the remaining provisions shall remain unaffected.
19.3 Amendments to these terms of use must be made in writing (e.g. by letter or email).
20. Amendment of these Terms of Use
schneeWISE may amend these terms of use if necessary. You will be informed of this by email. The amendments are deemed to have been accepted by you if you do not object within 4 weeks of receipt of the email.
21. Applicable Law and Place of Jurisdiction
21.1 Austrian law shall apply. The UN Convention on Contracts for the International Sale of Goods (CISG) is excluded.
21.2 The place of jurisdiction for all disputes arising from the contract is Villach.
COUNTRY-SPECIFIC PROVISIONS
The following country-specific provisions shall apply and supersede the corresponding provisions in the above Terms and Conditions if your habitual residence at the time of placing an order with schneeWISE is in one of the countries listed below:
A) United States of America
16. Liability
16.1 schneeWISE shall not be liable for lost profits, loss of data, lost opportunities, consequential costs, exemplary damages, punitive damages, personal injury/wrongful death, special, incidental, indirect or other consequential damages resulting from the use of the Services. schneeWISE's liability for direct damages is in any case limited to the amount of fees you have paid to schneeWISE for the Services in the last 12 months.
17. Right of Withdrawal
The right of withdrawal according to Clause 17 does not apply in the USA.
B) Canada
16. Liability
16.1 schneeWISE is liable for damages caused by intent or gross negligence on the part of schneeWISE or its employees. schneeWISE's liability for damages is in any case limited to the amount of fees you have paid to schneeWISE for the Services in the last 12 months.
17. Right of Withdrawal
The right of withdrawal according to Clause 17 does not apply in Canada.
DST – Digital Sport Training GmbH
District Court Villach, Austria
December 2024
office@schneewise.com
Copyright © 2024 schneeWISE
Eine Marke der DST - Digital Sport Training GmbH
Eine Marke der DST - Digital Sport Training GmbH
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