Spirify® App General Terms and Conditions
- Scope of Use
1.1 Hillhouse Verlag GmbH operates the Spirify® App. The App allows the user to learn about coaching and meditation methods. The services offered in the App are free of charge, require in-app purchases (paid services) or are financed by advertising. The App will notify you if an in-app purchase is required for a specific service.
1.2 The App absolutely does not offer any own psychological or medical services, make own diagnoses or suggest own treatments. The use of the App cannot replace a doctor’s visit. We advise the user to seek medical consultation in case of doubt. We cannot give any guarantees as to the effects and results of the courses, videos, podcasts and meditations.
1.3 The General Terms and Conditions, as amended at the time the contract is concluded, provide the exclusive basis for the contractual relationship between Hillhouse Verlag GmbH and the user in relation to the App.
1.4 The user can access the most current version of the General Terms and Conditions at any time in the App.
1.5 Hillhouse Verlag GmbH does not accept any general terms and conditions which are contrary to or deviate from these Conditions unless their validity has been expressly agreed to in writing.
2.1 Certain services offered in the App require a user-specific account to be created, for which prior registration is needed. The user must provide truthful and accurate data when asked to register. The user must be of legal age and have legal capacity at the time of registration. Registration does not yet constitute a contractual relationship between the user and Hillhouse Verlag GmbH. Only once the services are activated does such a legal relationship exist.
2.2 The user has no claim to the use of the services of the Hillhouse Verlag GmbH. Hillhouse Verlag GmbH has the right to refuse a user’s registration for any reason.
2.3 The user is only permitted to set up one user-specific account in the App at a time. Hillhouse Verlag GmbH is granted the right to delete multiple user registrations.
2.4 Hillhouse Verlag GmbH has the right to put the account user who violates this clause on notice or to delete such an account.
2.5 The user can break off or correct his/her data entry at any time during the registration process.
2.6 The contract languages available for registration in the App are German and English. Hillhouse Verlag GmbH reserves the right to offer its services in other languages in the future.
2.8 If the App is downloaded or used in third-party networks or abroad, the user may incur data roaming charges from his/her Internet access provider.
- In-App Purchases
3.1 The individual steps for the in-app purchase of the services of the Hillhouse Verlag GmbH are described to the user in the App or the third-party app store.
3.2 Ordering the service by clicking the respective button does not yet constitute a valid contractual relationship between the user and Hillhouse Verlag GmbH. This order only represents an offer on the part of the user. The order is accepted when the user has received confirmation of receipt of the order electronically. Only then will a valid contract be deemed to be concluded between the user and Hillhouse Verlag GmbH. The user’s offer can also be accepted by implied conduct, i.e. conclusive behaviour, when the service that requires an in-app purchase is activated.
3.3 For in-app purchases, the user will find a list of accepted methods of payment during the order process, from which the user can select the suitable method of payment. This could be a payment system of the App Store or Google Play operator. The general terms and conditions of each service provider apply to the payment processing.
3.4 In the event that the user’s payment method is denied and the user is at fault, Hillhouse Verlag GmbH will be entitled to claim the incurred costs and/or expenses from the user in the actual amount as compensation.
3.5 Hillhouse Verlag GmbH reserves the right to make services that require a purchase available to the user free of charge for a certain period of time. The user can cancel the trial offer up to 14 days before the trial period ends. If the user does not cancel the trial, the service will become a paid service.
- Cancellation Policy
4.1 Consumer’s Right of Cancellation
4.1.1 You have the right to withdraw from the contract within 14 days for any reason. The cancellation period is 14 days from the date the contract is concluded. In order to exercise your right to cancellation, you are required to inform us of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by mail or by email). You can use the included cancellation form template to this end, which is not, however, mandatory. In order to comply with the cancellation period, it is sufficient to send the notification about exercising your right of cancellation before the cancellation period has ended.
4.1.2 Your right to cancellation expires early if we have provided the service in full or only began to provide the service after you, the consumer, gave your express consent thereto while confirming that you were aware that you would lose your right of cancellation once the contract was performed in full.
4.2 Consequences of Cancellation
4.2.1 If you cancel this contract, we will immediately reimburse you any payments we received from you, including costs for shipment (except for any additional costs arising from your selection of a shipment method other than the cheapest standard one we offer), no later than 14 days from the date on which we receive notice of your cancellation of this contract. For the repayment, we will use payment method that you used for the original purchase, unless expressly agreed otherwise with you; in no case will you be charged for this refund.
4.2.2 If you requested that the services begin during the cancellation period, you must pay us a reasonable fee which is in proportion to the extent of the service already provided in comparison with the full coverage of the contract up to the moment you inform us that you are exercising your right of cancellation in respect of this contract. If our services have been provided free of charge to date, you will not be entitled to any refund.
End of the Cancellation Policy
4.3 Cancellation Form Template
If you want to cancel this contract, please fill out this form and send it back to:
Hillhouse Verlag GmbH, Monatshausen 21, 82327 Tutzing, Germany
I/We (*) hereby cancel the contract I/we (*) concluded to purchase the following goods: _______________ (*) / for 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 for hard-copy notifications)
(*) Delete as appropriate
- Rights and Duties of the User
5.1 The contents of the App may only be used or reproduced for personal and not for commercial purposes. The contents of the App may only be passed on with the explicit consent of the Hillhouse Verlag GmbH.
5.2 The user is exclusively entitled to the range of services offered by the Hillhouse Verlag GmbH within the framework of these General Terms and Conditions. The contents, information, images, videos and databases published in the App beyond the range of services offered by the Hillhouse Verlag GmbH are protected by copyright and owned or licensed by Hillhouse Verlag GmbH.
In the event that Hillhouse Verlag GmbH refers to partnerships or service partners in the App, explicit reference will be made to their copyrights and property rights.
5.3. The App is a software application protected by copyright. The user is granted a simple, non-exclusive, non-transferable and irrevocable licence to personally use this App. The user is not allowed to decompile, modify or alter the App beyond the extent permitted by law and/or to lease, rent or otherwise transfer its contents.
5.4 The user is entitled to use the range of services only for the intended purpose. The user must keep the login information for the user-specific account secret and take the necessary steps to ensure confidentiality. The user is obligated to notify Hillhouse Verlag GmbH if such login information is misused or lost.
5.5 It is the duty of the user to provide Hillhouse Verlag GmbH with accurate, complete and truthful information required for the purposes of providing the paid services.
5.6 The user is prohibited from using paid services on several devices at the same time. This is only the case if such use is expressly permitted in connection with the created offer that is attached.
5.7 The user may not allow third parties to access the services he/she paid for, for example by using the services in public areas.
5.8 The user is not permitted to transfer or assign rights or duties from these General Terms and Conditions to third parties.
5.9 When using the App and its services, the user is obligated to consider contractual relationships through third-party agreements, in particular with an app store operator or his/her Internet access provider.
- User Data
6.1 Hillhouse Verlag GmbH collects and uses the personal data, which the user provided, for performing the contractual agreements concluded between the user and Hillhouse Verlag GmbH.
6.2 The user is able to access, modify or erase the personal data, which Hillhouse Verlag GmbH has stored at its location, at any time at the premises of Hillhouse Verlag GmbH by sending an email to email@example.com. The user is also able to access, modify or delete his/her data within the context of the App.
7.1 The range of services offered by the Hillhouse Verlag GmbH are generally available 24/7. This does not include times during which data backup, system maintenance or application maintenance is carried out on the system or database. Hillhouse Verlag GmbH will do its best to keep the resulting disruptions to a minimum.
7.2 Hillhouse Verlag GmbH will inform the user by email with enough advance notice about restrictions regarding the availability of the range of services. The user’s email address is linked to the respective user-specific account.
8.1 Hillhouse Verlag GmbH is only liable to pay compensation for damages, especially when due to delay, non-performance, poor performance or tort, which the user incurs as a result of behaviour amounting to gross negligence or intent on the part of the Hillhouse Verlag GmbH.
8.2 However, such a limitation of liability does not apply to damage resulting from injury to life, limb and/or health of the user.
8.3 The limitation of liability will also not apply with regard to the breach of duties the fulfilment of which enables the proper use of the services and on which the user can trust and is allowed to trust for compliance (so-called cardinal obligations). In this context, however, Hillhouse Verlag GmbH will only be liable for foreseeable and typical damage. In contrast, Hillhouse Verlag GmbH is not liable for indirect damage, in particular consequential damage, unforeseeable damage or untypical damage as well as for a loss in profits. The same applies to the consequences of accidental damage or force majeure.
8.4 Hillhouse Verlag GmbH expressly assumes no liability for the services of third parties that are identified as such. In this context, reference is made to the general terms and conditions as well as the privacy policies of the third-party provider.
8.5 The user has the obligation to indemnify Hillhouse Verlag GmbH from third-party claims asserted by third parties in connection with the user’s breach of duties under the present General Terms and Conditions or the legal regulations applicable to the user, provided that the user is responsible for the breaches.
8.6 Hillhouse Verlag GmbH hereby points out to the users that any physical exercise explained as part of the services provided by Hillhouse Verlag GmbH is intended for users who have average health and physical and mental resilience. The user will exercise at his/her own risk.
8.7 Hillhouse Verlag GmbH will also not be liable for the consequences of the mediations offered in the App if a person is intoxicated (drugs, alcohol or medication).
8.8 Furthermore, Hillhouse Verlag GmbH will not be liable for the consequences of instructions or advice given to the user by Hillhouse Verlag GmbH.
8.9 In the event that the user suffers from depression or is at risk of committing suicide, Hillhouse Verlag GmbH advises the user to consult a doctor immediately.
- Blocking the User-Specific Account, Contract Term and Termination
9.1 Hillhouse Verlag GmbH reserves the right to investigate any suspected misuse of the App or material breaches of contract on the part of the user, to take precautions against such occurrences and, if there are reasonable grounds for suspicion, to block the user’s account.
9.2 If the user is cleared of any suspicion, the account will be reactivated on the Hillhouse Verlag GmbH‘s orders.
9.3 If the user is not cleared of any suspicion, Hillhouse Verlag GmbH will be entitled to an extraordinary right of termination.
9.4 Insofar as free services are the subject matter of the contract between the user and Hillhouse Verlag GmbH concerning the use of the App, this contract can be terminated by both the Hillhouse Verlag GmbH and the user within a 14-day period. The user may terminate the contract by giving notice of termination in writing or by sending an email to firstname.lastname@example.org. Insofar as there are no other storage obligations due to legal regulations, the user’s data will be erased as soon as possible. The information will continue to be used by Hillhouse Verlag GmbH to perform the contract until the last contractually owed service has been provided. The user will no longer be able to use the App after the cancellation period has expired using the cancelled registration information. In the event Hillhouse Verlag GmbH cancels the service, the cancellation notice will be sent to the email address the user provided during registration.
9.5 Insofar as paid services are the subject matter of the contract between the user and Hillhouse Verlag GmbH concerning the use of the App, the term for such a contract for the paid service will initially be for the agreed minimum period of use, unless otherwise stated when the offered service was presented. Subsequently, the contract concerning the use of the App will be extended by the duration of the agreed minimum period of use if it is not terminated by the user or Hillhouse Verlag GmbH within a period of 14 days before the end of the minimum period of use at the end of the respective period. The user may terminate the contract by giving notice of termination in writing or by sending an email to email@example.com. If the purchase was made via an app store, termination may be effected as described in the individual app store. Insofar as there are no other storage obligations due to legal regulations, the user’s data will be erased as soon as possible. The information will continue to be used by Hillhouse Verlag GmbH to perform the contract until the last contractually owed service has been provided. The user will no longer be able to use the App after the cancellation period has expired using the cancelled registration information. In the event Hillhouse Verlag GmbH cancels the service, the cancellation notice will be sent to the email address the user provided during registration.
9.6 The right to terminate for just cause remains unaffected thereby. There is just cause for extraordinary termination if it is unreasonable to continue the contractual relationship until the end of the ordinary termination period, taking into account all circumstances of the individual case and the interests of the user. Hillhouse Verlag GmbH may give the user extraordinary notice of termination if the user is in material breach of contract or applicable law. A prior warning is not required for such extraordinary termination.
9.7 In case the Hillhouse Verlag GmbH terminates the contract concerning the use of the App, or the user does so, the refund of any fees paid in advance is excluded. This will not apply in the event that the user terminates the contract for cause for which Hillhouse Verlag GmbH is responsible.
- Changes to the Present General Terms and Conditions
10.1 Hillhouse Verlag GmbH is entitled to change the General Terms and Conditions at any time with effect for the future.
10.2 Hillhouse Verlag GmbH will inform the user of any intended change by sending an email to the email address provided in the user account. The respective change to the General Terms and Conditions will become valid if the user does not object to this change within two weeks of the email being sent. The key element for ensuring compliance with the two-week period is that the email containing the objection was sent on time.
10.3 In the event that the user objects to the change to the General Terms and Conditions within the two-week period, Hillhouse Verlag GmbH is entitled to terminate the contractual relationship with immediate effect, without the user having any claims against Hillhouse Verlag GmbH.
10.4 If the contractual relationship between the user and Hillhouse Verlag GmbH is continued after a valid objection on the part of the user, the previously applicable General Terms and Conditions will become valid.
- Final Provisions
11.1 Hillhouse Verlag GmbH has the right to transfer the rights and duties resulting from a contract with the user to a third party. Hillhouse Verlag GmbH will inform the user in writing of such a transfer to a third party. In this case, the user is entitled to an extraordinary right of termination. Hillhouse Verlag GmbH must receive the notice of termination in writing within 14 days of the user receiving the notification of transfer.
11.3 The place of jurisdiction for all disputes arising from or in connection with agreements concluded on the basis of these General Terms and Conditions are the headquarters of the Hillhouse Verlag GmbH.
11.4 Should individual provisions of these General Terms and Conditions, including this provision, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The respective statutory provisions shall replace the invalid or missing provisions.