Stop drowning in data. MetriWell translates your Health data into clear, personalized insights. Understand your sleep, stress, and workouts with your personal AI coach.
The MetriWell app offers users insights into their health data stored in Apple HealthKit, which they can view and analyze. Furthermore, MetriWell offers AI analytics and an AI chat function for discussing individual health data or health aspects with an AI.
TheHMaker
c/o Christian Hamacher
Hubertstr. 178a
45139 Essen
Germany
E-Mail: hi@thehmaker.dev
These Terms and Conditions constitute a legally binding contract for the use and purchase of the MetriWell app between us and you as the purchaser/subscriber.
By installing the free MetriWell app, you agree that you:
- have fully read and understood these Terms and Conditions and fully agree to and are bound by them;
- have the legal capacity to enter into contracts for the use of the MetriWell App and, if applicable, subscriptions or one-time purchases;
- have the legal capacity to enter into this contract under the laws of the Federal Republic of Germany.
The MetriWell app can be downloaded for free from the Apple App Store.
You can use the MetriWell app on each of your iPhones, even simultaneously.
You have the option of purchasing MetriWell Premium as a subscription. I will grant you a one-time 14-day trial period to try out the premium features.
You can subscribe to MetriWell Premium for a month or a year via the Apple App Store. The subscription will automatically renew unless you cancel it via the App Store.
MetriWell Premium supports the Apple Family Sharing feature.
We point out that it is technically impossible to make the MetriWell app available free of errors of any kind. Therefore, we assume no responsibility for errors that may lead to temporary app crashes or for the app's availability being dependent on conditions and services beyond our control, such as the transmission capacities and internet connections between the individual parties involved or the stability of the operating system or iPhone on which MetriWell is installed. We are not responsible for disruptions that fall within this area.
We reserve the right to change the content or features of the MetriWell app at any time and without notice. There is no entitlement to certain features, especially for the free version. If features affect an ongoing subscription, we will not remove promised features, but will act according to the principle of "equal or better," as long as this is technically feasible.
Should we release a more recent version or a reprogramming of the MetriWell app (possibly under the same name), you are not entitled to credit your subscription or one-time purchase to this new version. It is certainly possible that we may offer a special switching offer or an upgrade offer – however, there is no legal entitlement to this at any time.
If you would like a refund for your purchase amount or the amount for a subscription to MetriWell, please contact Apple Customer Service directly, as Apple handles the entire purchase process for us.
Please follow the instructions below:
1. Go to the "Report a Problem" website to view your Apple purchase history.
2. Sign in with the Apple ID you used to purchase/subscribe to metriwell.
3. Look under the Purchase tab. If the purchase is not yet complete, you cannot request a refund. You can request a refund after completing the purchase.
4. To the right of the item, you will find "Report a problem"; click on it.
5. Describe why you would like a refund or reversal of your purchase.
6. Submit your request.
We are liable without limitation if the cause of damage caused by the use of the MetriWell app is based on an intentional or grossly negligent breach of duty by us or one of our legal representatives or vicarious agents.
We are also liable for the slightly negligent breach of essential obligations. Essential obligations are obligations whose breach jeopardizes the achievement of the contract's purpose or whose fulfillment makes the proper execution of the contract possible in the first place and whose compliance can generally be relied upon. In this case, however, we are only liable for foreseeable, contract-typical damages. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences. Liability for other remote consequential damages caused by us is excluded.
The above limitations of liability do not apply in the event of injury to life, limb, or health, for a defect after we have assumed a guarantee for the quality of the MetriWell app, or for fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. We expressly disclaim any warranties for the MetriWell app and do not guarantee any properties unless otherwise agreed in writing between the contracting parties.
To the extent that our liability is excluded or limited, this also applies to the personal liability of our employees, representatives, and vicarious agents.
All copyrights to the content and functions of the MetriWell app remain with us in all third-party relationships. Reproduction and distribution of the content and functions is generally prohibited.
The use of the content and functions of the MetriWell app is permitted for personal use only. Any other use requires our prior written consent; this applies in particular to the commercial and private reproduction, modification, distribution, or storage of information or data, in particular texts, text extracts, and images.
In all other respects, the statutory limits of copyright law and/or other applicable legal provisions apply.
The content, app functions, and documents accessible via the MetriWell app, whose author is not us but a third party, are subject to statutory copyright law and any terms of use of the respective author. Third-party copyrights may also exist if there is no explicit reference to third-party copyrights in content, app functions or in the MetriWell app itself (e.g., by avoiding the use of phrases such as "copyright", "trademark", © or ®).
Information about how we process personal data in the MetriWell app and what claims and rights data subjects are entitled to under data protection law can be found in the Privacy Policy.
Although The language of the MetriWell app is English, the contractual language is German. Any localizations are provided for the convenience of the user and have no binding legal effect.
All contractual relationships between us and customers are governed exclusively by the laws of the Federal Republic of Germany, with the exception of the provisions of international private law and the UN Convention on Contracts for the International Sale of Goods (CISG).
The place of performance for all contractual services is our place of residence in Essen, Germany. For customers, our place of residence shall be the place of jurisdiction for all disputes arising from the relevant contractual relationship. This also applies to legal entities under public law or special funds under public law. However, we are also entitled to sue at the customer's place of residence or registered office. Any exclusive place of jurisdiction shall prevail.
We reserve the right to make changes to our websites, apps, rules, and conditions, including these Terms and Conditions, at any time. If any provision of these Terms and Conditions is invalid, void, or unenforceable for any reason, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
The invalidity of any provision of these Terms and Conditions shall not affect the validity of the remaining provisions. Should this occur, the provision shall be replaced by another legally permissible provision that comes closest to the spirit and purpose of the invalid provision.