Terms & Conditions

General terms and conditions

General provisions, scope of use
 

1.

Be-Light, BeLight.app (website) and the Be-Light app designate the services provided by Vossen, Smykacz and Sundaralingam Be Light GbR (hereinafter: the company), Schanzenstrasse 83, 20357 Hamburg. Further information about Vossen, Smykacz and Sundaralingam GbR can be found in the legal notice.

 

1.1

The Society offers users various opportunities (“services”) to become familiar with the practice of breath work, brainwave entrainment, neuronal tuning (audio-visual stimulation), meditation, affirmations and mindfulness. The services can be free of charge, fully or partially chargeable or financed by advertising. The chargeability of a service is explicitly stated. By actively confirming or registering as a user with one of the company's services, you accept these General Terms and Conditions (GTC) for the use of the services offered.
 

1.2

In principle, the services can be used on all end devices or platforms supported by the company or during face-to-face or online events. Restrictions, especially technical ones, can be found in the respective offer presentation. If the user accesses the services via the Be-light app and has downloaded the app from the app store of a third party, the respective terms and conditions of use of the app store also apply; in the event of contradictions, these terms and conditions take precedence. When downloading and using the app, especially in third-party networks or abroad, the user may incur transmission costs from his internet access provider.
 

1.3

Individual company services may be dependent on registration or a fee. The user assures that all data transmitted during registration are true and complete. The contractual relationship between the user and the company only comes into being when the services are activated.
 

1.4

The company provides an overview of the free and chargeable services available, their scope of services, terms and fees. The fee to be paid for using a chargeable service can be found in the respective offer description, which also includes the scope of services and any restrictions. Payment of the fee only entitles the holder to access the services that are visible or available in the presentation of the offer.


Paid services

 

2.1

The individual steps of purchasing chargeable services can be found in the descriptions within the BeLight.app (website) or the Be-Light app and, if applicable, the third party app store. No contract is concluded with an order by the user, in particular via the order button; rather, the user submits an offer. After the order has been placed, the receipt of the order is immediately confirmed to the user electronically; however, this does not entail the conclusion of a contract. The contractual relationship between the user and the company only comes into being when the order is accepted. Acceptance can also be implied, in particular by activating the chargeable services.
 

2.2

Fees are due according to the respective offer presentation. The payment systems shown in the presentation of the offer are accepted, which are usually operated by appropriate service providers. These can be payment systems offered by the operators of the respective app store. Insofar as the respective service provider includes its own general terms and conditions of use in individual cases, these apply exclusively to payment processing. If necessary, the user must have a user account with the service provider.
 

2.3

If fees cannot be collected, the user bears all costs incurred as a result, insofar as he is responsible for the event that caused the costs. If the user does not pay fees or payments made are charged back, the company is entitled to block access to individual or all of its services.
 

2.4

Society can offer users chargeable services free of charge for a certain period of time. It is at the sole discretion of the company to determine which user can participate in a test offer. The company can terminate the provision of a test offer at any time or change the scope of the test offer. The company can demand that the user provide their payment details at the beginning of the test offer. After the end of the test offer, the company can charge the user with the fees incurred for continued use of the respective service, which is subject to a fee. The user is informed of this in the context of the presentation of the offer and must agree to this. The user is free to cancel the test offer up to 14 days before the end of the test period. Otherwise, the test offer is converted into a chargeable service according to the offer presentation.
 

2.5

The company reserves the right to change its business model at any time. B. to provide certain or all services only for a fee. The company will publish the respective fees 14 days in advance. The user must agree to the use of the services for a fee. Without an order by the user and written acceptance or implied acceptance through the provision of the services by the company, a contractual relationship will not come about.
 

Right of withdrawal for consumers
 

3.1

For users who are consumers within the meaning of § 13 BGB, the following right of withdrawal applies:

You have the right to revoke this contract within fourteen days from the day the contract is concluded without giving any reason.

In order to exercise your right of withdrawal, you must contact Vossen, Smykacz and Sundaralingam Be Light GbR, Schanzenstrasse 83, 20357 Hamburg Email: office @ belight.app by means of a clear declaration (e.g. a letter sent by post or by E -Mail) of your decision to withdraw from this contract. You can use the following sample withdrawal form (3.3) for this purpose, but this is not mandatory. In order to meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.
 

3.2

Consequences of withdrawal

If you withdraw from this contract, we will have given you all payments that we have received from you, including delivery costs (with the exception of the additional costs that result from choosing a different type of delivery than the cheapest standard delivery offered by us have), to be repaid immediately and at the latest within fourteen days from the day on which we received notification of your cancellation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment.

In the case of a contract for the provision of services, the right of withdrawal expires when the entrepreneur has fully provided the service and has only started to perform the service after the consumer has given his express consent and at the same time confirmed his knowledge that he has his right of withdrawal loses if the contract is fully fulfilled by the entrepreneur.
 

3.3

Sample withdrawal form:

(If you want to cancel the contract, please create an email with the following content and send it to us.)

 

Vossen, Smykacz and Sundaralingam Be Light GbR

Schanzenstrasse 83,

20357 Hamburg

office@be-light.app

I / we () hereby revoke the contract concluded by me / us () for the purchase of the following goods () / the provision of the following service ()

Ordered on () / received on ()

Name of the consumer (s)

Address of the consumer (s)

Signature of the consumer (s) (only if this is communicated on paper)

date

(*) Delete where inapplicable
 

Rights and duties of the user
 

4.1

The services offered by the company are only made available to the user for personal and non-commercial use. Transferring the user account to third parties is not permitted. The user may use the company's services only for his own private and beyond that only for other purposes expressly agreed in writing with the company.
 

4.2

The app and web app are copyrighted software programs. The user receives a simple, non-exclusive, non-transferable and revocable right to personal use of the software programs. The user is not entitled to decompile, change or edit the app beyond what is legally stipulated. The user is also prohibited from leasing, renting or otherwise transferring the app and / or its content.
 

4.3

Furthermore, the user is not permitted to
 

4.3.1

to use chargeable services simultaneously on several devices, unless such use is expressly permitted in the context of the respective offer presentation or expressly agreed with the company;
 

4.3.2

To enable third parties to access or use the services, e.g. B. An indefinite group of people using the Services in public areas (such as cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants or other public spaces);
 

4.3.3

to make the access data sent or used for authentication and identification available to third parties or to pass them on to third parties;
 

4.3.4

To bypass access control systems to chargeable services or to take other measures to use services without authorization;
 

4.3.5

to post or distribute content on the BeLight.app (website) or the Be-Light app that is illegal, misleading, discriminatory, pornographic, threatening, offensive, obscene, defamatory, ethically objectionable, glorifies violence, harassing, for Minors are unsuitable, sexist, racist, seditious, xenophobic or otherwise despicable and / or reprehensible, as well as viruses, worms, Trojans or other malicious code that can endanger or impair the functionality of the app;
 

4.3.6

To remove or obscure copyright notices and / or notices relating to trademarks or other property rights of Be-Light, companies affiliated with Be-Light or third parties;
 

4.3.7

To transfer or assign rights or obligations from these terms and conditions to third parties.
 

4.4

The use of company services may be restricted to persons who meet certain requirements (e.g. age of majority). The user is responsible for ensuring that the services are only available to people who meet these requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors from content that is harmful to minors.
 

4.5

When using the app and its services, the user must take into account contractual agreements with third parties, in particular with the app store operator or his internet access provider.
 

Data protection
 

5

Details on the protection and use of the data provided by the user by the company can be found in our data protection declaration. The data protection declaration forms part of these terms and conditions.
 

Liability

 

6.1

The use of services of the company and the implementation of exercises are at your own risk and, with the exception of the cases mentioned in 6.7, under the exclusion of liability of the company.
 

6.2

In particular, the company is not liable for damage to third-party computer systems and other technical devices caused by downloads or for any loss or delayed or otherwise inadequate receipt of data or messages.
 

6.3

The company advises the user that any exercises presented as part of the services provided by the company are designed for users who are on average healthy and physically and mentally resilient and that the user carries out any exercises themselves at their own risk.

Society's services cannot replace medical advice. Society's services are not intended to be a substitute for medical or psychological treatment.
 

6.4

Society does not owe any particular success. In particular, the company does not guarantee that the result expected by the customer will occur when the information from the courses and other content is used.
 

6.5

The Society further advises that the app and website use breath work and flickering lights, which can cause seizures in people who are sensitive to flickering lights (photosensitive epilepsy). Even if a user has never had a seizure, there is a small chance that a user will be photosensitive and that exposure to flashing lights could result in a seizure. The risk for this lies solely with the user.
 

6.6

The Company's services are not suitable for use by anyone under the age of 18, pregnant women, users who use a pacemaker, who are taking stimulants such as sedatives or psychotropic drugs, including illegal drugs or alcohol, who are suffering from any of the following disorders: cardiac arrhythmias or other heart disease, arterial hypertension, severe cardiovascular disease, glaucoma, severe infection, recent surgery, arterial drainage (aneurysm), current or past psychosis, previous family psychosis, panic attacks.

In the aforementioned cases, breathing work and flickering light can have undesirable consequences for which the company assumes no liability. By agreeing to the terms and conditions, the user affirms that none of the aforementioned conditions apply to him.
 

6.7

The company is only liable for damage suffered by the user as a result of grossly negligent or willful behavior by the company or a vicarious agent of the company.

This limitation of liability does not apply to damage caused by injury to life, body and / or health of the user or with regard to the breach of obligations, the fulfillment of which enables the proper use of the services and which the user can regularly rely on compliance (so-called cardinal obligations); in these cases, however, liability is limited - as far as possible - to foreseeable damage typical of use.

 

6.8

The user undertakes to keep the company or its vicarious agents free from all claims by third parties that are asserted in connection with breaches by the user of his obligations under these GTC and / or the laws applicable to him and all reasonable costs incurred by the company, including those for legal defense, insofar as the user is responsible for the violations.


 

Contract term, termination, repayment
 

7.1

Insofar as the subject of the user contract is free services, the user contract can be canceled by both the user and the company with a period of 14 days by post or by email to the email address office@be-light.app or by the The email address given to the user during registration will be canceled.
 

7.2

The company also provides chargeable services with different terms. Unless otherwise stated in the respective offer, the usage contract for the respective paid service initially runs for the minimum usage period booked. Thereafter, the usage contract is extended by the duration of the minimum usage period booked if it is terminated by the user or the company no more than 14 days before the end of the minimum usage period / extension period with effect at the end of the respective period. The user can use the services even after termination until the end of the respective period. The paid service can be terminated if the purchase was made via an app store as described in the subscription management in the respective app stores, or by email office@be-light.app; in the event of termination by the company, to the e-mail address provided by the user during registration. The right to terminate for an important reason remains unaffected.
 

7.3

An important reason for the extraordinary termination of the user contract exists in particular if the continuation of the contractual relationship until the expiry of the regular notice period is unreasonable, taking into account all the circumstances of the individual case and the interests of the user. Important reasons for the company are in particular a violation by the user of applicable law or of essential contractual obligations. A prior warning is not necessary.
 

7.4

In the event of termination of the user contract by the company or termination by the user, repayment of any fees paid in advance is excluded, unless the user terminates for an important reason for which the company is responsible.
 

Online dispute resolution, dispute settlement procedure
 

8.1

The EU Commission's platform for online dispute resolution can be reached under the following link: https: // ec .europa .eu / c o n s u m e r s / odr /
 

8.2

In principle, the company is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
 

Other provisions
 

9.1

The company endeavors to enable trouble-free operation of the app, face-to-face and online events and to keep them available as permanently as possible, but points out that full or seamless availability is technically not feasible and therefore does not accept any liability for trouble-free operation or a certain availability. In particular, the company can restrict access without giving reasons - in whole or in part, as well as temporarily or permanently. In addition, there is no entitlement to the maintenance of individual functionalities of the app or the presence or online events per se. The company is entitled at any time to change or remove content, services and functionalities provided within the app, at face-to-face and online events and to make new content, services and functionalities available or in the app, at face-to-face and online events to discontinue altogether; this also includes the introduction of a charge for all or certain services or their partial or complete discontinuation.
 

9.2

The company is entitled to change provisions of these terms and conditions that do not lead to a significant redesign of the contractual structure or affect it at any time and without giving reasons, provided that this change does not lead to a redesign of the contractual structure as a whole. The main provisions of the contractual structure include, in particular, regulations that relate to the type and scope of the contractually agreed services, the duration and the termination of the contract. Furthermore, the company is entitled to adapt or supplement these terms and conditions if this is necessary to eliminate difficulties in the implementation of the contract with the user due to loopholes that have arisen after the conclusion of the contract. This can be the case, for example, if the case law declares one or more provisions of these GTC to be ineffective or a change in the law leads to the ineffectiveness of one or more provisions of these GTC. The changed conditions will be sent to the customer in writing or by email at least six weeks before they come into effect. The changes are considered approved if the customer does not contradict them in writing. The objection must be received within six weeks of receipt of the notification of the changed conditions. The company will specifically point out the possibility of objection and the importance of the six-week period in the notification letter regarding the changed conditions. If the customer exercises his right of objection, the company's change request is deemed to have been rejected. The contract will then continue without the proposed changes. The right of the contractual partner to terminate the contract remains unaffected.
 

9.3

The company is entitled to transfer the rights and obligations arising from a contract to a third party. The company will inform the user in writing of the transfer; the user has an extraordinary right of termination. Notice of termination must be received by the company in writing within 14 days of receipt of the transfer notification by the user.
 

9.4

The company can, among other things, use advertising material when starting the app or during face-to-face or online events or during services. Such advertising can be targeted based on the information provided by the user and his use of the services, as far as legally permissible.
 

9.5

The use of the app and these terms and conditions are subject to the law of Federal Republic of Germany excluding UN sales law. Exclusive place of jurisdiction is - as far as permissible - Hamburg.