AGB | Du hast Pause

Terms and Conditions of Use

and Terms of Use

General Provisions, Scope of Use

You're on Pause, you're on Pause.com, and the You're on Pause App (collectively, "You're on Pause") means the subject services of You're on Pause Maria Boettner,

Rua Miguel Bombarda 51 a

2775-248 Parede

Portugal

Further information about You have a break can be found in the imprint.

You Have Break offers users a variety of ways (“Services”) to engage in the practice of meditation and relaxation. The Services may be free or chargeable. The chargeability of a service is explicitly stated.

You have a break app: Free 7-day trial version, a monthly subscription for EUR 6.99 and an annual subscription to the you have a break app for EUR 39.99

By actively confirming this subscription or the newsletter, you accept these General Terms and Conditions (GTC) for the use of you have break

A service can basically pause on all of you have supported end devices or platforms. Restrictions, in particular technical ones, 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 business or use of the app store apply in addition; in the event of contradictions, these General Terms and Conditions shall 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.

Individual services of Du hast Pause may depend on registration or a fee. The user assures that all data transmitted during registration is true and complete. The contractual relationship between the user and you have a break only comes about when the services are activated.

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

2.1

The individual steps of purchasing paid services can be found in the descriptions within the app or in the app store of the third party. An order by the user, in particular via the order button, does not yet result in a contract, rather the user submits an offer. After the order has been placed, its receipt will be immediately confirmed to the user electronically, whereby the order will be accepted. The contractual relationship between the user and you have a break only comes about when the order is accepted. The acceptance can also take place in particular by activating the chargeable services.

2.2

Fees are due for the entire term. The payment systems shown in the offer presentation are accepted, which are usually operated by appropriate service providers. In particular, this can involve 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 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 paid services or their duration or extension. Depending on the respective app store, paid services can expire after the end of the agreed term without the need for termination, or the respective contract term can be extended by a corresponding period or indefinitely. Details can be found in the respective offer presentation or the terms and conditions of the app store. In some cases, the app stores also offer the option of terminating paid services, for example via a menu item in the app store.

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 payments made are returned, you have the right to block access to individual or all services of you have a break.

Right of Withdrawal

If users are consumers within the meaning of § 13 BGB, the following right of withdrawal applies to you.

Right of withdrawal

right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us (Du hat Pause EG, E-Mail: mail@duhastpause.com) a clear statement (e.g. a letter sent by post or an e-mail) about your decision to enter into this contract revoke, inform. You can use the attached sample revocation form for this, but this is not mandatory. To meet the revocation period, it is sufficient for you to send the notification of your exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we have paid you all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a different type of delivery than the cheapest standard delivery offered by us have), immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. The right of withdrawal expires in the case of a contract for the provision of services when the entrepreneur has fully performed the service and has only started to perform the service after the consumer has given his express consent to this and at the same time has confirmed his knowledge that he has exercised his right of withdrawal loses if the contract is completely fulfilled by the entrepreneur.

Sample cancellation form

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

You have a break EG, Maria Boettner, Rua Miguel Bombarda 51 a, 2775-248 Parede, Portugal - mail@duhastpause.com

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 consumer(s)

Address of consumer(s)

Signature of consumer(s) (only if notification is on paper)

date

(*) Delete where not applicable

Rights and Obligations of the User

4.1

You are on break and the services available through it are provided to the user for personal and non-commercial use only. A transfer of the user account to third parties is not permitted. The user may only use you have a break for his own private purposes or other purposes agreed with you have a break.

4.2

The app is a copyrighted software program. The user receives a simple, non-exclusive, non-transferrable and revocable right to personal use. The user is not entitled to decompile, change or edit the app beyond what is permitted by law. The user is also prohibited from leasing, renting or otherwise transferring the app and/or its contents.

4.3

Furthermore, the user is not permitted to

4.3.1

to use chargeable services on several end devices at the same time, unless such use is expressly permitted in the context of the respective offer presentation;

4.3.2

enable third parties to access or use the services, e.g. B. an unspecified group of people by 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 accessible to third parties or to pass them on to third parties;

4.3.4

circumvent access control systems to paid services or take other measures to use services without authorization;

4.3.5

post or distribute content that is unlawful, misleading, malicious, discriminatory, pornographic, threatening, abusive, obscene, defamatory, ethically objectionable, glorifies violence, harassing, unsuitable for minors, racist, hate speech, xenophobic or otherwise despicable and/or are reprehensible and free of viruses, worms, Trojan horses or other malicious code that could endanger or impair the functionality of the app;

4.3.6

to remove or obscure any copyright notices and/or notices of trademarks or other intellectual property rights of Du hat Pause, companies affiliated with Du hat Pause or third parties;

4.3.7

Transfer or assign any rights or obligations under these GTC to any third party.

4.4

You've got a break may only be used by people who meet certain requirements (e.g., they are of 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 that is harmful to young people.

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.

privacy

Details on Du hat Pause's protection and use of user-provided data can be found in our privacy policy. The data protection declaration forms part of these General Terms and Conditions.

Liability

6.1

You have a break points out to the user that any exercises that are presented as part of the services provided by you have a break are designed for users who are of average health and physically and mentally resilient and that the user implements any exercises themselves at their own risk. You have a break is only liable for damage that the user incurs as a result of grossly negligent or intentional behavior on the part of you have a break or a vicarious agent of you have a break. 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 on the observance of which the user can regularly rely (so-called cardinal obligations). ; in these cases, however, liability is limited – as far as possible – to foreseeable damage typical of use.

6.2

The user undertakes to indemnify You Have Break or vicarious agents of You Have Break from all claims by third parties that are asserted in connection with violations by the user of his obligations under these General Terms and Conditions and/or the laws applicable to him and all You Have Break arising reasonable costs, including those for legal defense, if the user is responsible for the violations Has.

Contract term, termination, repayment

7.1

Insofar as the subject of the contract of use is free services, the contract of use can be terminated by the user as well as you have a break with a notice period of 14 days by e-mail to the e-mail address mail@duhastpause.com .

7.2

You have a break provides paid services with different durations. Unless otherwise stated in the respective offer, the usage contract for the respective paid service initially runs for the booked minimum usage period. Thereafter, the usage contract is extended by the duration of the booked minimum usage period if this is terminated no more than 14 days before the end of the minimum usage period/extension period with effect at the end of the respective period by the user or by you have a break. 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 e-mail mail@duhastpause.com; in the event of termination by You Have Break to the e-mail address provided by the user during registration. The right to terminate for good cause remains unaffected.

7.3

An important reason for the extraordinary termination of the contract of use exists in particular if the continuation of the contractual relationship until the end of the ordinary period of notice is unreasonable, taking into account all the circumstances of the individual case and the interests of the user. Important reasons for you have a break 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 You Have Pause and termination by the user, the repayment of any fees paid in advance is excluded, unless the user terminates for an important reason for which you are responsible for Pause Has.

Other Provisions

8.1

You have Pause makes every effort to enable trouble-free operation of the app and to keep it available as permanently as possible, but points out that complete or uninterrupted availability is technically not feasible and therefore assumes no guarantee for trouble-free operation or a specific availability . In particular, you can restrict access without giving reasons - in whole or in part, temporarily or permanently. In addition, there is no entitlement to maintaining individual functionalities of the app itself. You are 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 altogether; this also includes the introduction of a charge for all or certain services or their partial or complete discontinuation.

8.2

You have a break is entitled to change provisions of these GTC that do not lead to a significant transformation of the contractual structure or affect it at any time and without stating reasons, provided that this change does not lead to a transformation of the contractual structure as a whole. The essential provisions of the contract structure include, in particular, regulations that relate to the type and scope of the contractually agreed services, the term and the termination of the contract. Pause is also entitled to adapt or supplement these GTC if this is necessary to eliminate difficulties in the implementation of the contract with the user due to loopholes that arose after the conclusion of the contract. This can e.g. This may be the case, for example, if case law declares one or more provisions of these GTC to be invalid or if a change in the law leads to the invalidity of one or more provisions of these GTC. The changed conditions will be sent to the customer in writing or by e-mail at least six weeks before they come into effect. The changes are considered approved if the customer does not object to them in text form. The objection must be received within six weeks of receipt of notification of the changed conditions. You have a break will point out the possibility of objecting and the importance of the six-week period in the notification letter about the changed conditions. If the customer exercises his right of objection, the change request from You have a break is deemed rejected. The contract will then continue without the proposed changes. The right of the contractual partner to terminate the contract remains unaffected.

8.3

You are entitled to transfer the rights and obligations arising from a contract to a third party. You have a break will notify the user in writing of the transfer; the user has an extraordinary right of termination. Notice of termination must be received in writing by Du hat Pause within 14 days of receipt of the notification of transfer by the user.

8.4

You have a break can e.g. B. use advertising material when starting the app or the services. Such advertising can be targeted based on 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 and these terms and conditions are subject to the law of the Federal Republic of Germany to the exclusion of the UN Sales Convention. Exclusive place of jurisdiction is – as far as permissible – Witten.

8.6

Should individual provisions of these General Terms and Conditions be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions apply accordingly in the event that the provisions prove to be incomplete.