§ 1 Contracting parties

1. The provider of the app and therefore the contractual partner of the user is
   LARA E.U.,
   Owner Georg Kronthaler,
   Hausern 22, 6346 Niederndorferberg, Österreich,
   Tel. 0043/670/4044488; E-Mail info@lara-app.com; Company register no. FN 522561 y (Regional court Innsbruck)
2. Users of the app include both „active“ users, who add their own content to the app by producing data on the hazard situation through tests in the field using the app’s content, as well as „passive“ users, who inform themselves on the basis of the content provided.

§ 2 Service description

1. The provider provides for „active“ users an electronic tool that can be used to systematically record and interpret the results of the so-called ‘small block test’. Sound prior knowledge of the so-called ‘small block test’ (its objectives, its correct implementation at a suitable test location, etc.) is a prerequisite for using the tool. „active“ use of the app and are NOT arranged by the provider. The selection of a suitable test location is the sole responsibility of the „active“ user and is at the user’s own risk.
2. The „active“ user enters the properties of the approx. 40×40 cm test block they have determined into the app, makes their own assessment of the hazard potential based on this and can then compare this with an assessment of the block test result generated by LARA based on their own entries. Finally, the user himself decides which assessment he accepts as accurate and enters into the app.
3. LARA, on the other hand, is NOT able to determine the transferability of the assessment for the limited spatial area tested (approx. 40x40cm) to the entire slope and therefore does NOT make any statement on the navigability or accessibility of a slope. This decision is the sole responsibility of each user.
4. Working with LARA requires the “active“ user to be well trained. LARA does not replace training or rules of behaviour, but supplements them.
5. The results obtained during “active“ use of the app are published in the app and on the website www.lara-app.com and displayed by date, location and time on a topographical map for a period of 24 hours. No data is saved and published in “Exercise diagnosis“ mode.
6. The ‘passive’ user can view the data and results entered by the “active“ users in the last 24 hours. However, the publication of the data does not allow any conclusions to be drawn as to whether a slope has been skied on or entered by the “active“ user after a test. 7. the assessment of the danger level by the ‘active’ users may differ significantly from the general danger situation in the respective region or from the danger assessment issued by the respective avalanche warning service. The results therefore only serve as a basis for orientation and planning and are in no way a substitute for a personal assessment of the individual slope on site by the ‘passive’ user.

§ 3 Registration, conclusion of the user contract and evaluation of users (point 1 has not yet been implemented – registration still takes place via email contact)

1. The prerequisite for using the app is the creation of a user account. When registering, the user enters their first and last name, email address, telephone number, valid registration address, education and experience and names a password. At the same time, the user selects one of the payment methods offered and enters the required data (e.g. credit card details, voucher code). After accepting the terms of use and the data protection provisions, the user accepts the provider’s offer to conclude a contract of use by clicking on ‘Order with obligation to pay’. After payment has been made, the provider sends the user an e-mail with the access data. The member account is activated and can be used to its full extent.
2. All information can be changed or supplemented by the user at any later time in his profile settings.
3. Depending on their professional qualifications, training and experience, the provider awards 1-3 stars to ‘active’ users in order to emphasise particularly qualified users.
   Active’ users are labelled with ★ if they have been trained in “Systematic Snowpack Diagnosis” (SSD, see G Kronthaler, Sicherheit im Bergland, 2003) or work as a mountain guide, member of an avalanche commission or observer in the avalanche warning service.
   ★★★ are awarded to users who, in addition to training in ‘Systematic Snowpack Diagnosis’ (SSD), also have extensive experience in the use of SSD.
   Avalanche professionals (e.g. mountain guides or other avalanche experts with extensive experience in the use of SSD) are honoured with ★★★.
4. The provider reserves the right to request suitable proof (mountain guide certificate, proof of training).

§ 4 Right of cancellation

1. VPrerequisites for the right of cancellation
   If the party concluding the contract is a consumer, i.e. a natural person who concludes a legal transaction for purposes that can predominantly be attributed neither to their commercial nor their independent professional activity, they have the right to cancel the contract within fourteen days without giving reasons. The cancellation period is fourteen days from the date of conclusion of the contract. In order to exercise the right of cancellation, LARA E.U. must be informed of the decision to cancel the contract by means of a clear declaration (e.g. a letter sent by post, fax or email). In order to comply with the cancellation period, it is sufficient for the notification of the exercise of the right of cancellation to be sent before the expiry of the cancellation period.
2. Consequences of cancellation
   If the contract is cancelled, LARA E.U. must refund all payments already received immediately and at the latest within fourteen days from the day on which LARA E.U. receives notification of the cancellation of the contract.

§ 5 Mutual rights and obligations

1. The provider makes the contents of the app available, including the test results of the “active” users entered in the last 24 hours; local data can therefore only be used to the extent that corresponding entries have been made by “active” users.
2. Users may use and download the content for private purposes. All other uses (e.g. use for commercial or industrial purposes, archiving, transfer to third parties, processing by third parties for their own or third-party purposes, public reproduction, translation, editing, etc.) are only permitted with the written consent of the provider.
3. The user pays an annual fee for this. All prices quoted are final prices, i.e. they include all price components, including statutory VAT.
4. The “active” user undertakes to only publish content on the app that is correct and complete to the best of his or her knowledge and belief and is based on relevant, well-founded specialist prior knowledge.
5. The “active” user grants the provider the non-exclusive right, unlimited in terms of content, territory and time, to publish the data uploaded to the app, stating the respective author, and to use it as often as desired free of charge. If an “active” user publishes content on the app (i.e. not in “exercise diagnosis” mode, Section 2 (5)), their name and star rating (as per user account, Section 3 (1), (3)) will also be published.
6. The user is obliged to create a user account with his/her personal data when registering (§ 3 No. 1); he/she is obliged to provide all data correctly, in particular to register with his/her real name (official first name and surname); any changes to personal data must be corrected immediately in the profile settings. The registration of a user account for third parties without their consent and the multiple use of different member accounts by one user is prohibited.
7. The user must ensure that the access data does not fall into the hands of third parties. If the password is lost or if it is suspected that a third party has gained knowledge of it or that a third party is using the user profile, the user is obliged to inform the provider immediately so that a new password can be issued.

§ 6 Contract duration, cancellation, blocking

1. The contract between the provider and user is concluded for a period of one year. If payment is made with a voucher, the period of validity stated in the voucher shall be decisive as the term of the contract. There is no automatic renewal of the contract after expiry of the contract term; a new user contract must therefore be concluded after expiry of the contract term.
2. Extraordinary cancellation for good cause during the term of the contract is possible by both parties. Extraordinary cancellation by the provider is particularly possible in the event of gross violations of these terms and conditions of use, e.g. repeated deliberate or negligent publication of false data (§ 5 Section 3) as well as failure to comply with the obligation to provide truthful personal data (§ 5 Section 5).
3. The provider may also temporarily block the user in the event of violations of these terms of use as a milder measure in order to encourage him to fulfil his obligations. The user shall be notified of any blocking in text form. If access is blocked, the user is prohibited from re-registering with the app and opening a new account until the provider has given its express prior consent. In addition, the provider may change the user’s star rating as an even milder measure (see Section 3 (3)). When choosing the measure, the provider shall take into account the legitimate interests of the user.

§ 7 Haftung des Anbieters

1. The provider is liable with the following restrictions in accordance with the statutory provisions:The liability of the provider for damages that are not typical for the contract or unforeseeable is excluded. This does not apply if the damage affects life, limb or health, was caused intentionally or through gross negligence, results from the non-existence of a guaranteed quality or from the culpable breach of an essential contractual obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner may regularly rely (cardinal obligations). If the user’s damages result from the loss of data, the provider is not liable for this if the damages could have been avoided by the user regularly and completely backing up all relevant data, and the provider is not liable for temporary technical faults or failures.
2. The provider, however, accepts no liability for the accuracy, quality, completeness, or reliability of the content posted by users. Entering or driving in areas described or designated in the app is done at your OWN risk.

§ 8 Privacy policy

1. The collection of user data serves to provide a user-friendly, efficient, and secure online service.
2. All information on data protection and data security can be found in the provider’s privacy policy: http://www.lara-app.com
3. By entering into the contract, the user agrees that they have read and accepted the provider’s privacy policy..

§ 9 Functional changes

1. The provider reserves the right to continuously modify, update, expand, restrict, or discontinue individual functions of the platform.

§ 10 Modifications to the Terms of Use

1. These Terms and Conditions are subject to change by the provider at any time..
2. The changes and the new Terms and Conditions will be communicated to the user upon opening the app. The new Terms and Conditions shall be deemed accepted if the user does not object to their validity and continues to use the app.

§ 11 Applicable law, jurisdiction

§ 12 Concluding provisions

1. Should any provision of these Terms of Use be or become invalid, or should there be any gaps, the validity of the remaining provisions shall not be affected. Any terms and conditions deviating from these General Terms and Conditions shall have no validity unless expressly approved by the provider..