Introduction

Valid from 18.09.2019.
You can find the previous version here (German).

For users who registered before 18.09.2019, the previous version of our T&C applies until 03.11.2019. From the 03.11.2019 the following version applies.

1 General provisions, scope of use

1.1

Flowletics, Flowletics.com and the Flowletics-App (hereinafter referred to as “Flowletics”) refer to the services of Flowletics UG, Markgrafenstraße 12-14, 10969 Berlin. Further information about Flowletics can be found in the imprint.

 

1.2

Flowletics offers users various ways (“services”) to become familiar with the practice of meditation and mental training. 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 Flowletics, you accept these General Terms and Conditions (T&C) for the use of Flowletics.

 

1.3

In principle, a service can be used on all end devices or platforms supported by Flowletics. Restrictions, in particular technical restrictions, can be found in the respective offer presentation. If the user accesses the services via the app and has downloaded the app from the app store of a third party, the respective terms and conditions of the app store apply in addition; in case of contradictions, the terms and conditions of the respective app store take precedence. When downloading and using the app, in particular in third-party networks or abroad, the user may incur separate transmission costs for his Internet access provider.

 

1.4

Individual Flowletics services may be subject to registration or payment. The user warrants that all data transmitted during registration is true and complete. The contractual relationship between the user and Flowletics is only established when the services are activated.

 

1.5

Flowletics provides an overview of the available chargeable services, their scope of services, runtimes and fees. The fee to be paid for the use of a chargeable service can be found in the respective offer presentation, which also contains the scope of services and any restrictions. Payment of the fee only entitles the user to access the services that are visible or available in the presentation of the offer.

2 Paid services

2.1

The individual steps of purchasing chargeable services can be found in the descriptions within the app or in the app store of the third party. An order placed by the user, in particular via the order button, does not constitute a contract; rather, the user submits an offer. After the order has been placed, its receipt is immediately confirmed to the user electronically, with the result that the order is accepted by Flowletics. The contractual relationship between the user and Flowletics shall only come into existence upon acceptance of the order. Acceptance can also be implied, in particular by activating the chargeable services.

 

2.2

Fees are due for the entire term. The payment systems that can be seen in the offer presentation are accepted, which are generally operated by corresponding service providers. These may in particular 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 business or use in individual cases, these shall apply exclusively to payment processing. If necessary, the user must have a user account with the service provider.

 

2.3

The provider of the respective App Store can influence the available fee-based services or their duration or extension. Depending on the App Store, fee-based services may expire after the end of the agreed term without notice being required or the respective contract term may be extended by a corresponding period or indefinitely. Details can be found in the respective offer presentation or in the terms and conditions of the App Store. In some cases, the App Stores also offer the option of terminating fee-based services via a menu item in the App Store, which also terminates the fee-based contractual relationship between the user and Flowletics at the end of the agreed term.

 

2.4

If fees cannot be collected, the user shall bear all costs incurred as a result, insofar as he is responsible for the event causing the costs. If the user does not pay fees or if payments made are charged back, Flowletics is entitled to block access to individual or all services of Flowletics.

 

2.5

Flowletics may provide paid services to users free of charge for a period of time. It is at the sole discretion of Flowletics to determine which user may participate in a trial offer. Flowletics may terminate the provision of a trial offer at any time or change the scope of the trial offer. Flowletics may require the user to provide payment details at the beginning of the trial offer. Flowletics can charge the user the fees for the further use of the respective service after the end of the test offer. The user will be informed of this in the context of the presentation of the offer and must agree to it. The user is free to cancel the test offer before the end of the test period. Otherwise, the test offer will be converted into a chargeable service.

 

2.6

Flowletics reserves the right to adapt its business model at any time and in this context to provide certain or all services only against payment. Flowletics will publish the respective fees. The user is free to decide whether to continue using the service for a fee or to terminate it.

3 Right of withdrawal for consumers

If users are consumers in the sense of § 13 BGB, the following right of revocation applies to them.

 

Revocation instruction

 

Right of withdrawal

You have the right to revoke this contract within fourteen days without giving reasons. The revocation period shall be fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (Flowletics UG, Markgrafenstraße 12-14, 10969 Berlin, Email: david.jacob@flowletics.com) of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form, which is not mandatory. In order to comply with the revocation period, it is sufficient for you to send the notification of exercising the right of revocation before the expiry of the revocation period.

 

Consequences of revocation

If you revoke this agreement, we shall reimburse you immediately and no later than fourteen days from the date on which we received notice of your revocation of this agreement for all payments we have received from you, including delivery charges (other than additional charges arising from your choice of a method of delivery other than the cheapest standard delivery offered by us). We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund. The right of revocation expires in the case of a contract for the provision of services if the entrepreneur has completely provided the service and has only begun with the execution of the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses his right of revocation in the case of complete performance of the contract by the entrepreneur.

 

Sample withdrawal form

(If you wish to cancel the contract, please create an e-mail with the following content and send it to us.)

 

To:

Flowletics UG

Markgrafenstraße 12-14

10969 Berlin

Email: david.jacob@flowl​etics.com

 

I hereby revoke the contract concluded by me for the purchase of the following goods ().

Ordered on ()/​received on ()

Name of the user:

Address of the user:

Email address of the user:

Date:

 

4 Rights and duties of the User

4.1

Flowletics and the services available through it are only made available to the user for personal and non-commercial use. It is not permitted to transfer the user account to third parties. The user may only use Flowletics for his own private or other purposes agreed with Flowletics.

 

4.2

The App is a copyrighted software program. The user receives a simple, non-exclusive, non-transferable and revocable right for personal use. The user is not entitled to decompile, change or edit the app beyond the legally provided extent. Furthermore, the user is prohibited from leasing, renting or otherwise transferring the App and/or its contents.

 

4.3

Furthermore, the user is not permitted,

 

4.3.1

to use chargeable services simultaneously on several terminal devices, unless such use is expressly permitted within the scope of the respective offer presentation;

 

4.3.2

to enable third parties to access or use the Services, e.g. an indeterminate group of people, by using the Services in public areas (such as cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public spaces);

 

4.3.3

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

 

4.3.4

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

 

4.3.5

to adjust Flowletics content or to disseminate information that is illegal, misleading, malicious, discriminatory, pornographic, threatening, abusive, obscene, defamatory, ethically offensive, glorifying violence, harassing, inappropriate for minors, racist, inciting to hatred, xenophobic or otherwise despicable and/or reprehensible as well as free of viruses, worms, trojans or other malicious malicious codes that could endanger or impair the functionality of the app and that could endanger or impair the functionality of the app;

 

4.3.6

to remove or obscure any copyright notices and/or notices regarding trademarks or other proprietary rights of Flowletics, its affiliates or third parties;

 

4.3.7

to transfer or assign any rights or obligations under these terms to any third party.

 

4.4

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

5 Data protection

Details about Flowletics’ protection and use of the information provided by the user can be found in our privacy policy. The privacy policy is an integral part of these terms and conditions.

6 Liability

6.1

Flowletics draws the user’s attention to the fact that any exercises presented within the framework of the services provided by Flowletics are designed for averagely healthy and physically and mentally resilient users and that the user implements any exercises on his own responsibility. Flowletics is only liable for damages caused to the user by gross negligence or intent on the part of Flowletics or a vicarious agent of Flowletics. This limitation of liability does not apply to damages caused by injury to life, body and/or health of the user or with regard to the violation of obligations whose fulfilment enables the proper use of the services and on whose compliance the user may regularly rely (so-called cardinal obligations); in these cases, however, liability is limited – as far as possible – to foreseeable and typical damages.

 

6.2

The user undertakes to indemnify Flowletics or Flowletics’ vicarious agents against all claims by third parties asserted in connection with violations of the user’s obligations under these T&C and/or the laws applicable to him and to assume all reasonable costs incurred by Flowletics, including legal defence costs, insofar as the user is responsible for the violations.

7 Ver­trags­lauf­zeit, Kün­di­gung, Rück­zah­lung

7.1

As far as services free of charge are subject of the contract of use, the contract of use can be terminated by the user as well as by Flowletics with a period of notice of 14 days by e-mail to the e-mail address coach@flowletics.com or by the e-mail address given by the user during registration.

 

7.2

Flowletics provides chargeable services with different terms. Unless otherwise stated in the respective offer presentation, the usage contract for the respective paid service initially runs for the booked minimum usage period. Thereafter, the user contract shall be extended by the duration of the booked minimum usage period, if it is not terminated by the user or Flowletics before the end of the minimum usage period/extension period with effect from the end of the respective period. The User may also use the services after termination until the end of the respective period. Termination of the paid service may be effected if the purchase has been made through an App Store as described in the respective App Stores in the subscription administration, or by e-mail. In the event of termination by Flowletics, the termination must be sent to the e-mail address provided by the user during registration. The right to termination for good cause (see 7.3) remains unaffected.

 

7.3

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

 

7.4

In case of a termination of the usage contract by Flowletics as well as a termination by the user, the repayment of any fees paid in advance is excluded, unless the user terminates the contract for an important reason for which Flowletics is responsible.

8 Other provisions

8.1

Flowletics endeavors to ensure trouble-free operation of the app and to keep it available as permanently as possible, but points out that complete or uninterrupted availability is not technically feasible and therefore does not guarantee trouble-free operation or specific availability. In particular, Flowletics may restrict access without giving reasons – in whole or in part, temporarily or permanently. Furthermore, there is no claim to the maintenance of individual functionalities of the app itself. Flowletics is entitled at any time to change or remove content, services and functionalities provided within the app and to make new content, services and functionalities available or to discontinue the app as a whole; this also includes the introduction of a cost obligation for all or certain services or their partial or complete discontinuation. The discontinuation of elementary functionalities and content within the app may entitle the user to terminate the agreement for good cause (see 7.3).

 

8.2

Flowletics is entitled to change any provisions of these T&C, which do not lead to or affect a substantial modification of the contractual structure, at any time and without stating reasons. The essential provisions of the contractual structure include, in particular, provisions concerning the type and scope of the contractually agreed services, the duration and termination of the contract. Furthermore, Flowletics is entitled to adapt or supplement these T&C if this is necessary to eliminate difficulties in the execution of the contract with the user due to loopholes in the regulations that occurred after conclusion of the contract. This may be the case, for example, if jurisdiction declares one or more provisions of these T&C to be invalid or if a change in the law leads to the invalidity of one or more provisions of these T&C. The user shall be entitled to rescind the contract if this is not the case. 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 shall be deemed approved if the customer does not object to them in text form. The objection must be received within six weeks after receipt of the notification of the changed conditions. Flowletics will draw particular attention to the possibility of objection and the significance of the six-week period in the letter of notification regarding the amended conditions. If the customer exercises his right of objection, Flowletics’ change request shall be deemed rejected. The contract will then be continued without the proposed changes. The right of the contracting parties to terminate the contract remains unaffected.

 

8.3

Flowletics is entitled to transfer the rights and obligations resulting from a contract to a third party. Flowletics will inform the user of the transfer in writing or by email; the user is entitled to an extraordinary right of termination. The termination must be received by Flowletics in writing within 14 days after receipt of the transfer notification by the user.

 

8.4

Flowletics may, for example, use advertising media when starting the app or services. Such advertising can be targeted on the basis of the information provided by the user and his use of the services, to the extent permitted by law.

 

8.5

The use of the App as well as these T&C are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. Exclusive place of jurisdiction is – as far as permissible – Berlin.

 

8.6

Should individual provisions of these T&C be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply respectively in the event that the provisions prove to be incomplete.

 

Information on online dispute resolution:

In the first quarter of 2016, the EU Commission will provide an Internet platform for the online settlement of disputes (so-called “OS platform”). The OS platform is intended to serve as a contact point for out-of-court settlement of disputes concerning contractual obligations arising from online sales contracts. The OS platform will be available under the following link after its commissioning, which is expected to start around 15 February 2016: http://​ec​.europa​.eu/​c​o​n​s​u​m​e​r​s/odr