General Terms & Conditions
General Terms & Conditions
1. Scope of Application
(1) These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contractual and legal relationships in connection with the purchase of BE LIGHT products and the use of BE LIGHT content, BE LIGHT events (offline, online, live, etc.) and courses, including the use of mobile and computer-based applications (apps), software, services, in particular those offered via the BE LIGHT website "www.be-light.app" and/or the BE LIGHT app and BE LIGHT web version of the app ("web app"), BE LIGHT social media channels, and/or other media, between
BE LIGHT Now GmbH
HRB: 233165 B - Amtsgericht Charlottenburg (Berlin)
(hereinafter referred to as "BE LIGHT"),
and users, buyers, and other persons entering into a legal relationship with BE LIGHT (hereinafter also referred to as "users"), regardless of the way or form in which the legal relationship is established. They will be accepted no later than by express declaration within the scope of registration, at the latest by use as part of the respective license, usage, and/or other contractual relationship. With acceptance, these GTC also apply to future contracts between BE LIGHT and the contracting partner without the need for express declaration.
BE LIGHT provides, among other things, content, in particular audio-visual videos, audio content, texts, images, and light impulses, via BE LIGHT online platforms in addition to software ("BE LIGHT content"). Unless expressly granted, BE LIGHT reserves all copyright usage rights.
(2) Registration as a user may be required for the functionality of BE LIGHT products as well as for the use or consumption of BE LIGHT content. By completing the registration as a user of BE LIGHT content, you accept these General Terms and Conditions (GTC) for the use of the offered content. These GTC exclusively apply to the legal relationships between BE LIGHT and the contracting partner. Deviating, supplementary or conflicting conditions require express agreement. The effectiveness of the agreement of GTC with payment service providers within the scope of the contractual services remains unaffected.
(3) An online access is required for the use of many functions of the BE LIGHT products and services. The user is responsible for ensuring the technical requirements and availability of the online connection. Compatibility with end devices or software is not guaranteed beyond the statutory warranty unless otherwise agreed. The content can generally be used on all end devices or platforms supported by BE LIGHT or during presence or online events. Restrictions, in particular those due to technical reasons, can be found in the respective service description.
(4) The BE LIGHT GTC in force at the time of conclusion of the contract apply to the usage relationship. If a provision in these terms and conditions is ineffective, void, or unenforceable for any reason, that provision is deemed severable and does not affect the validity and enforceability of the remaining provisions
2. Services, Online Services
(1) The online services, presence and online events, and courses offered by BE LIGHT NOW GmbH include content, functions, and offers that provide users with various possibilities for relaxation and regeneration, such as breathing techniques, brainwave stimulation, neuronal tuning (audio-visual stimulation), meditation, yoga, progressive muscle relaxation, Qi Gong, visualization and movement exercises, affirmations, light and sound techniques, mantra singing, mindfulness and relaxation exercises. The content may be free of charge, fully or partially chargeable, or financed by advertising. If the content is chargeable, this will be explicitly stated. Furthermore, there is no entitlement to specific functionalities of the app, web app, or online services, presence and online events, and courses themselves. BE LIGHT is entitled at any time to change content and functionalities provided within the app, web app, or online services, presence and online events, and courses, as well as to make new content and functionalities available, provided that this does not impair the accessibility or usability of the content. This does not apply to significant changes that affect the accessibility or usability of the content as such.
(2) Individual content from BE LIGHT may depend on registration or payment. Insofar as registration is required for individual content and services, the user warrants that all data transmitted within the framework of registration is true and complete. The contractual relationship between the user and BE LIGHT only comes into effect upon activation of the content.
(3) The product, service, and price information contained within our online services does not constitute binding offers by BE LIGHT, but rather an invitation for customers to make a binding booking or corresponding offer to BE LIGHT by clicking on the buttons (e.g. "Order", "Buy", etc.) or in other ways. Insofar as BE LIGHT confirms the booking by sending a confirmation of receipt by email or in any other way, this does not yet constitute acceptance of the offer by BE LIGHT. The conclusion of the contract for the offer only takes place upon provision of access.
(4) We do not offer products or content for use or purchase by minors. By placing an order, you confirm that you are of legal age.
(5) Information provided during the registration process must be truthful. In particular, any indication of names, data, images, and/or personality traits of third parties must be avoided in the context of registration and profile creation. It is prohibited for the user to allow unauthorized third parties to use their account, unless expressly permitted.
3. Prices, Payment Methods
(1) If the use of content is subject to a fee, the compensation can be found in the information or the respective service description, which also includes the scope of services and any framework conditions. Payment of the fee only entitles access to the content that is visible or available in the service description. Prices indicated are total prices including any applicable value-added tax.
(2) BE LIGHT offers various payment methods such as credit cards, Giropay, Apple Pay, Google Pay, SEPA direct debit, Klarna/Sofortüberweisung, and others, as shown on the BE LIGHT app, web app, and/or other online presences of BE LIGHT. Payment processing may be carried out by payment service providers in accordance with the conditions specified in the payment process.
(3) In the case of payment by credit card or Sofortüberweisung, the amount is due immediately. Fees are due in accordance with the respective service description. If no due date is specified in the offer, the prices are due and payable immediately in case of doubt. All payment systems visible in the service description are accepted.
(4) To the extent that BE LIGHT vouchers or promo codes are permitted within the scope of BE LIGHT offers for discounting, granting price reductions or as a replacement for payment, this only applies to codes or vouchers issued by BE LIGHT and/or authorized third parties and only entitles to one-time use via the app or web app functions within the scope of payment. Retroactive credit or cash payments are excluded. Vouchers and/or promo codes are not transferable and are valid only for the period of time specified. Unless otherwise specified, BE LIGHT vouchers are valid for a maximum of two years until the end of the respective calendar year.
(5) If the user is in arrears with payment, they are responsible for all resulting chargeback costs, in accordance with legal requirements, to the extent that they are responsible for the non-payment. Furthermore, BE LIGHT is entitled to block access to individual or all content
4. Usage rights and obligations
(1) As far as BE LIGHT offers content free of charge, this does not create a permanent, but a simple, revocable right of use. BE LIGHT is entitled to terminate the free services at any time, unless otherwise specified in the offer.
(2) As part of the scope of the respective user agreement, BE LIGHT grants the user a simple, non-transferable right to access the BE LIGHT content to the extent contractually agreed upon. Other uses of content, other reproductions or distributions as well as commercial use are prohibited and require separate permission. This also applies to the download of content, unless such download is released through the functionalities of the BE LIGHT app or web app.
(3) There is no entitlement to the provision or access to specific and/or other concrete content or functionalities. In particular, BE LIGHT is entitled to update, exchange and/or modify the content provided via the BE LIGHT app, web app, other BE LIGHT platforms and/or online presences at its own discretion, provided that the usability of the BE LIGHT content is not impaired by the user.
(4) BE LIGHT content is protected by copyright. It is prohibited to copy or reproduce BE LIGHT content, distribute it, make it publicly available, or use it in any other way than permitted. It is also prohibited to allow third parties to use the content or access it unless they have corresponding authorization to do so.
(5) BE LIGHT is entitled to monitor the proper use of the content and can block the user's access in case of suspected abusive use or breach of contractual obligations.
(6) Without separate express written permission from BE LIGHT, the user is also not permitted to:
(a) use paid content on multiple devices, unless such use is expressly allowed or expressly approved by BE LIGHT within the respective offer;
(b) allow access or perception of content to third parties, e.g., a group of people through smart TV, projector, or an unspecified group of people by using the content in public areas (such as cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants, yoga/wellness studios, or other public spaces);
(c) make access data sent or used for authentication and identification accessible to third parties or pass them on to third parties;
(d) bypass access control systems for paid content or take other measures to use content without authorization;
(e) transfer or assign rights or obligations from this legal relationship to third parties.
(7) Insofar as BE LIGHT provides the user with the possibility to publish their own content in the form of texts, comments and/or otherwise via the BE LIGHT app and/or the web app, the user grants BE LIGHT the simple right to reproduce and make the posted content publicly accessible by publishing the content. The user is fully responsible for the content posted by them and must indemnify BE LIGHT against any claims made by third parties upon first request by BE LIGHT. The user must ensure that the posted content does not violate legal provisions or infringe the rights of third parties. In particular, the user is not permitted to post content or distribute it via the BE LIGHT platforms that is discriminatory, pornographic, threatening, offensive, obscene, defamatory, ethically objectionable, glorifies violence, harassing, unsuitable for minors, racist, incites hatred or is otherwise unlawful and/or contains viruses, worms, trojans or other executable codes.
(8) The use of BE LIGHT products and BE LIGHT content is at the user's own risk, subject to BE LIGHT's security advice and information, excluding medical applications. In particular, attention is drawn to the health risks associated with incorrect or excessive use and individual stress risks. The videos and content are explicitly intended to be used by the user with closed eyes. It is recommended to consult a doctor before use.
(9) BE LIGHT is not liable, in particular, for damages caused by unauthorized use, especially on computer systems and other technical devices of the user, contracting partner or third parties, and/or for loss or delayed or defective receipt of data, signals, content or messages.
(10) BE LIGHT informs the user that applications provided by BE LIGHT for physically and mentally unimpaired users and the user implements the applications at their own risk. In particular, the user is solely responsible for ensuring that their physical and mental abilities and conditions to participate in the courses and content comply with BE LIGHT's instructions.
The content provided by BE LIGHT is not intended for medical purposes and cannot replace medical or psychological advice or treatment. The content is explicitly not suitable as a substitute for medical or psychological treatment.
(11) BE LIGHT does not owe the user any specific success. In particular, BE LIGHT does not warrant that participation in courses, events, or the use of content will have any effect on the user.
(12) It is expressly pointed out that the app, online and in-person events, and the website use breathing and relaxation techniques, audiovisual content with audio frequencies, and light impulses (flashing lights) that can cause seizures in persons sensitive to flashing lights or photosensitive epilepsy. Even if a user has never had a seizure, there is a low probability that they are photosensitive and that exposure to flashing lights can cause a seizure. The risk of application lies with the user.
(13) The user must follow the application instructions and be aware of the risks. Individuals with the following indications are excluded from use unless a medical clearance certificate is available:
Persons under 18 years of age
Users who use a pacemaker and/or take stimulants, such as sedatives or psychotropic drugs, including illegal drugs or alcohol
Users who suffer from any of the following conditions:
Seizures, epilepsy or visual sensitivity to light
Wearing a pacemaker
Heart rhythm disorders or other heart diseases
Severe cardiovascular diseases
Green Star (glaucoma)
Artery expansion (aneurysm)
Acute or past psychoses
Past psychoses in the family
Acute or past strokes
In particular cases, breathing and relaxation techniques, audiovisual content with audio frequencies, and/or light impulses (flashing lights) may have unwanted consequences for which BE LIGHT assumes no liability. If medical indications are present, a doctor must be consulted before using the application. By agreeing to the terms and conditions, the user confirms that none of the conditions apply to them.
(13) The user undertakes to indemnify BE LIGHT or its agents from all claims made by third parties in connection with any breaches by the user of their obligations under these terms and conditions and/or any applicable laws, and to bear all costs incurred by BE LIGHT, including those for legal defense, to the extent that the user is responsible for the violations.
5. Contract Duration
(1) The usage agreement for the BE LIGHT app, web app, and other digital BE LIGHT offerings begins upon activation of the user account and runs indefinitely.
(2) If a usage period is agreed for individual content or offerings, the contract relationship with respect to the relevant items runs until the end of the specified usage period (minimum usage period). Thereafter, the usage agreement is extended indefinitely with monthly termination rights unless terminated with one month's notice to the end of the month.
(3) If the subject of the usage agreement is free content, the usage agreement may be terminated by either party at any time by email or using the termination button.
(4) Termination of paid content may be carried out by email to email@example.com or as described in the subscription management of the respective app stores if the purchase was made through an app store.
(5) The parties' right to terminate for cause remains unaffected.
(1) BE LIGHT is liable without limitation if the cause of damage is based on an intentional or grossly negligent breach of duty by BE LIGHT, its legal representatives, or agents.
(2) Furthermore, BE LIGHT is liable for the negligent breach of essential duties. Essential duties are duties whose violation endangers the achievement of the purpose of the contract or whose fulfillment enables the proper execution of the contract in the first place and on whose compliance you regularly rely. In this case, BE LIGHT is only liable for the foreseeable, typical damage under the contract.
(3) Liability of the parties in cases of force majeure is excluded. In particular, no party is liable for non-performance, defective performance, or delays in performance based on force majeure. Force majeure includes, among other things, natural disasters, government crises, interruptions of network and power supply, strikes, acts of terror, cyber attacks, pandemics, and other health crises, provided that the respective obligated party is not responsible for the cause and a prevention of the breach of duty or performance disruption could not have been avoided by reasonable measures.
(4) To the extent that the liability of BE LIGHT is excluded or limited, this also applies to the personal liability of employees, representatives, and agents.
(1) Transfer of usage rights requires prior written consent from BE LIGHT.
(2) BE LIGHT is entitled to transfer the contract and/or contractual claims and rights in whole or in part to third parties, provided that the transfer does not affect the user's rights and claims. In this case, the user is obliged to conclude an appropriate transfer agreement with the respective third party upon request. BE LIGHT will inform the user in writing about the transfer; the user has an extraordinary right of termination. The termination must be received in writing by BE LIGHT within 14 days after receipt of the transfer notice by the user.
8. Choice of Law
The law of the Federal Republic of Germany applies to these terms and conditions. This choice of law only applies to consumers to the extent that mandatory provisions of the law of the state in which the consumer has his habitual residence do not conflict with the provisions of these terms and conditions. The application of the UN Sales Convention is excluded. The exclusive place of jurisdiction is Berlin to the extent permitted by law.
9. Right of Withdrawal
As a consumer, you have the right to withdraw from the agreement within 14 days without giving any reason. The withdrawal period begins on the day on which you or a third party named by you, who is not the carrier, have taken possession of the goods (or the last goods, partial shipment, or piece in the case of a contract for several goods as part of a single order or the delivery of goods in several partial shipments or pieces).
To exercise your right of withdrawal, you must inform us of your decision to withdraw from this agreement. Please direct your withdrawal declaration to:
BE LIGHT NOW GmbH
The declaration of withdrawal can be sent electronically (by email) or by post. You can use the sample withdrawal form below, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notice of the exercise of the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal:
If you withdraw from this agreement, we will reimburse you for all payments we have received from you for the purchased goods, including delivery costs (except for additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day we receive notification of your withdrawal from this agreement. We will use the same payment method that you used for the original transaction, unless expressly agreed otherwise with you. In no case will you be charged fees for this refund.
We may refuse reimbursement until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the withdrawal from this agreement. The deadline is met if you send the goods before the expiry of the fourteen-day period.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to handling the goods that is not necessary to examine their nature, properties, and functionality.
END OF WITHDRAWAL NOTICE
Sample withdrawal form
(If you wish to withdraw from the agreement, please fill out this form and send it back.)
BE LIGHT NOW GmbH
I/we () hereby withdraw from 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 consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if communicated on paper)
(*) Delete as appropriate.
10. Other information
(1) BE LIGHT endeavors to ensure a smooth operation of the BE LIGHT products, app, digital platforms, in-person and online events, and to keep them as available as possible, but notes that complete or uninterrupted availability of the content is technically not feasible and therefore does not provide a guarantee for a smooth operation or a certain availability. However, BE LIGHT will ensure an effective availability of 97% on average per year. Downtimes due to maintenance work that is carried out outside of the usual support hours are not considered in this regard. BE LIGHT may restrict the user's access, in whole or in part, temporarily or permanently, without giving reasons, if no performance duration has been agreed upon.
(2) BE LIGHT is entitled to amend provisions of these terms and conditions without giving reasons, provided that such amendments do not lead to a complete restructuring of the contractual structure or have an impact on it. The essential provisions of the contractual relationship include in particular regulations regarding the nature and scope of the agreed services, as well as the duration and termination of the contract. Furthermore, BE LIGHT is entitled to adapt or supplement these terms and conditions if this is necessary to remedy difficulties in the performance of the contract with the user due to regulation gaps that have arisen after the conclusion of the contract. This may be the case, for example, if the case law declares one or more provisions of these terms and conditions to be invalid or a change in the law leads to the invalidity of one or more provisions of these terms and conditions. The amended conditions will be communicated to the customer at least six weeks before they come into effect in writing by e-mail or in the BE LIGHT app. The changes shall be deemed approved if the customer agrees to them or does not object to them in written form. The objection must be received within six weeks after receipt of the notification of the amended conditions in written form. BE LIGHT will particularly draw attention to the possibility of objection and the significance of the six-week deadline in the notification letter regarding the amended conditions. If the user exercises his right of objection, BE LIGHT's request for amendment is considered rejected. In this case, the contract is continued without the proposed changes. In case of objection, both contracting parties have the right to terminate the contract with a notice period of 14 days.
(3) BE LIGHT may use advertising materials, among other things, at the start of the app, the digital platforms, or during the in-person or online events or during the use of the content. This advertising can be targeted based on the information provided by the user and his use of the content, to the extent legally permissible, and in compliance with data protection regulations
11. Data Protection
12. Supplementary consumer information and information in electronic commerce
(1) The exclusive contract language is German.
(2) The responsible provider is
BE LIGHT NOW GmbH
Oliver Smykacz & Ivo Vossen
Telephone number: +49 179 3906581
HRB 233165 B - Charlottenburg Local Court (Berlin)
VAT identification number DE346874615.
(3) The essential features of the offered contents and functions can be found in the respective product descriptions of the online services.
(4) The conclusion of the contract is governed by clause 2 of the general terms and conditions (AGB).
(5) The contract text or contract data can be saved by the buyer when submitting the booking, by activating the "File" menu in the respective browser and then the "Save As" function. The contract text can be printed by the customer before sending the booking, by clicking on the "File" menu in their browser and then clicking on "Print." Furthermore, the order data and the general terms and conditions, including the consumer information, will be sent to the buyer in text form with the confirmation of access by email.
The customer can print or save the general terms and conditions, including the consumer information, by clicking on the links "AGB" and "Consumer Information" in the online shop and then selecting the "Print Page" or "Save" option.
(6) The purchase price is paid through the payment options offered in the booking process. The regulations under clause 3 of the general terms and conditions apply. Unless otherwise agreed, invoices must be paid in advance within 7 days after the conclusion of the contract. Installment payments require prior coordination/agreement with the seller. In case of default in payment, the seller is entitled to withdraw from the contract after a reasonable period of grace for performance has expired.
(7) BE LIGHT is not subject to any special codes of conduct. The platform of the EU Commission for online dispute resolution can be accessed via the following link: https://ec.europa.eu/consumers/odr/. BE LIGHT is generally not willing or obliged to participate in a dispute resolution procedure before a consumer arbitration board.
This translation version of the German Terms and Conditions is for information only.
BE LIGHT Now GmbH - Brunnenstraße 154 - 10115 Berlin
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All rights reserved.