Terms of use
DST - Digital Sport Training GmbH | schneeWISE Terms of Use
December 2024
1. general and scope of application
1.1 These Terms of Use ("Terms") govern the use of the digital avalanche training courses and all other services offered by schneeWISE ("Services"). They apply to all contracts between DST - Digital Sport Training GmbH, Franz-Jonas-Straße 37, 9500 Villach ("schneeWISE") and the users of the schneeWISE platform ("you"), regardless of whether the use is for private or business purposes. This includes use via the schneeWISE website as well as via apps.
These terms and conditions apply to all users of schneeWISE. However, depending on your country of residence, these terms and conditions may be supplemented or amended by additional provisions. These country-specific provisions can be found at the end of this document.
1.2 These terms and conditions apply to all orders for services that you place with schneeWISE online, by email, via an app or in any other way.
1.3 These terms and conditions also apply to all your future orders with schneeWISE.
1.4 These terms and conditions apply exclusively. Deviating terms and conditions of yours shall only apply if schneeWISE has agreed to them in writing.
1.5. "In writing" in these terms and conditions means with a handwritten signature or with a qualified electronic signature. In the cases mentioned in these terms and conditions, the exchange of simple e-mails is also sufficient.
1.6. all notifications to schneeWISE must be made in text form (e-mail is sufficient).
2. free 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 features ("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 good time.
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. schneeWISE also offers free demo trainings in addition to the paid services. These demo trainings 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 beta versions. These beta versions may be faulty or incomplete. Use is at your own risk.
2.5. schneeWISE may, at its own discretion, integrate elements that use artificial intelligence into the services or make them accessible. These AI elements are marked 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, completion of an order
3.1 In order to use the services of schneeWISE, you must create a user account. To do so, you must accept these Terms of Use and provide some personal data (name, e-mail, 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 registering, 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 e-mail to office@schneewise.com.
3.3. If you wish to use schneeWISE services that are subject to a fee, you must order these via your user account. The offers from schneeWISE are non-binding. By submitting an order, you are making 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 sending an e-mail confirmation.
3.4. schneeWISE does not save the text of the contract after an order has been placed. You should therefore save the order confirmation and these terms of use.
4. rights of use and restrictions
4.1 With the purchase of a course, you receive the right to use it for your personal further education. The courses may only be used by yourself. It is not permitted to pass on your access data to third parties.
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 the source code of the courses and use it for your own purposes.
4.3. schneeWISE reserves all rights to the course content, including copyright 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 display 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 Obligations of the user
5.1 In order to use the services of schneeWISE, you must ensure that your technical devices meet the necessary requirements. These include 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 it 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 and conditions.
5.5. Subject to the provisions in section 16, you are liable for any loss or damage incurred by schneeWISE because you have intentionally or negligently disclosed your identity/password to a third party or because your identity and password have become 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 endeavors 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 participation in the sessions.
6.6. schneeWISE may cancel the Virtual Classroom Sessions at any time.
6.7. if you cancel a booked and fee-based session at short notice or do not participate, schneeWISE may charge a cancellation fee.
6.8. you may only use the materials provided in the Virtual Classroom Sessions 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 for questions and problems with the fee-based services.
7.2. schneeWISE support is available to you by e-mail via support@schneewise.com. Support is available from Monday to Friday during regular business hours.
7.3. schneeWISE endeavors to keep the services trouble-free. Should you nevertheless experience problems, you can report them by e-mail to support@schneewise.com.
8. availability of the 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, offsetting restrictions
9.1 The prices for the courses can be found on the schneeWISE platform. All prices include VAT.
9.2. You can buy the courses individually or as a package. The prices for the packages are indicated on the platform.
9.3. Payment is made via the payment methods offered on the platform.
9.4. Invoices are usually sent by e-mail. The invoice amount is due immediately upon receipt of the invoice.
9.5. You are only entitled to offset if your counterclaim has been legally established, is undisputed or has been recognized by schneeWISE.
10. gift vouchers
10.1 You can purchase gift vouchers from schneeWISE. These gift vouchers can be used to purchase courses and other services from schneeWISE.
10.2. The gift vouchers are sent by e-mail in the form of a code.
10.3. You can pass the gift vouchers on to other people.
10.4. To redeem a gift voucher, you must enter the code during the order process.
10.5. It is not possible to pay out the value of the voucher.
11 Term and termination
11.1 The duration 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. Details of the right of withdrawal can be found in section 17.
11.3. It is not possible to cancel the course before the end of the term.
12. warranty
12.1. schneeWISE guarantees that the fee-based services essentially correspond to 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 section 16.
12.3. You have no right to demand the source code of the services.
13. property rights | user data
13.1. schneeWISE is and remains the owner of all property rights to the training content, including the course content, images, texts, audio, software and brands. You do not acquire any ownership rights to the content through the order.
13.2. You may only use the course content 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 the privacy policy.
15. exemption
15.1 You are obliged to indemnify schneeWISE from all claims of third parties arising from a violation of these terms of use by you. This applies in particular to claims for copyright infringement, defamation or other unlawful acts.
15.2. schneeWISE indemnifies you against all claims of third parties that arise because the services of schneeWISE 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. schneeWISE is only liable for damages caused by slight negligence in the event of a breach of essential contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which you may regularly rely. In these cases, the 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, raise your awareness of dangers 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 that you practise under the guidance of a qualified person and have the correct application confirmed. The practical application of what you have learned depends on many factors, such as weather conditions, terrain and your individual physical condition. The responsibility for practical application therefore lies solely with you.
16.6. Theoretical knowledge can never replace practical instruction and practice, but merely supplement it. For this reason, schneeWISE assumes no liability for the accuracy and completeness of the information provided and no responsibility for direct or indirect damages and/or injuries that occur despite following the information.
16.7. The digital avalanche training courses are simulated in nature 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 concluding 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, e-mail address: office@schneewise.com) of your decision to withdraw from this contract. You can make a clear statement to this effect, e.g. by email. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
17.3 If you withdraw from your order, we will refund all payments we have received from you, including delivery costs. The refund will be made immediately and at the latest within fourteen days from the day on which we receive notification of your withdrawal. For the refund, we will use the same means of payment that you used for the original transaction.
18. transfer of the contract
18.1. schneeWISE may transfer its rights and obligations under the contract to another company. You will be informed of this in good time.
18.2. You may only transfer 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. letter or e-mail).
20. amendment of these terms of use
20.1. schneeWISE may amend these Terms of Use if necessary. You will be informed by e-mail. The changes shall be deemed to have been accepted by you if you do not object within 4 weeks of receiving the e-mail.
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 apply and replace the corresponding provisions in the above terms and conditions if your habitual residence at the time of ordering from schneeWISE is in one of the countries listed below:
A) United States of America
16. liability
16.1. schneeWISE is not liable for loss of profit, loss of data, loss of opportunity, consequential costs, exemplary damages, punitive damages, personal injury/wrongful death, special, incidental, indirect or other consequential damages arising out of the use of the services. The liability of schneeWISE for direct damages is in any case limited to the amount of the fees you have paid to schneeWISE for the services in the last 12 months.
17. right of withdrawal
The right of withdrawal in accordance with 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. The liability of schneeWISE for damages is in any case limited to the amount of the fees you have paid to schneeWISE for the services in the last 12 months.
17. right of withdrawal
The right of withdrawal in accordance with clause 17 does not apply in Canada.
DST - Digital Sport Training GmbH
Local Court Villach, Austria
December 2024