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General provisions, scope of use
1.
SilenceFinder, silencefinder.com and the SilenceFinder app (hereinafter referred to as “SilenceFinder”) designate the services of Silence Finder GmbH, Hintergasse 61, CH – 8253 Diessenhofen. Further information about SilenceFinder can be found in the imprint.
2.
SilenceFinder offers users various possibilities (“services”) to familiarize themselves with the practice of meditation and mindfulness. The services can be free of charge, wholly or partly chargeable or financed by advertising. The chargeability of a service is explicitly stated. By actively confirming or registering as a user with SilenceFinder, you accept these General Terms and Conditions for the use of SilenceFinder
3.
In principle, a service can be used on all terminals or platforms supported by SilenceFinder. 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 the event of contradictions, these GTC take precedence. When downloading and using the App, in particular in third-party networks or abroad, the User may incur transmission costs for his Internet access provider.
4.
Individual SilenceFinder services may be dependent on registration or a fee. The user warrants that all data transmitted within the scope of a registration are true and complete. The contractual relationship between the user and SilenceFinder shall only come into existence once the services have been activated.
5.
SilenceFinder provides an overview of the available fee-based services, their scope of services, terms 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.
Paid services
2.1
The individual steps in the purchase of 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 shall be confirmed to the User electronically without delay, whereby the order shall be accepted. The contractual relationship between the user and SilenceFinder shall not come into existence until the order has been accepted. Acceptance may 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 influences the available fee-based services or their duration or extension. Depending on the respective App Store, fee-based services may expire after the end of the agreed term without the need for termination 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, for instance.
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 fails to pay fees or if payments made are charged back, SilenceFinder shall be entitled to block access to individual or all SilenceFinder services.
2.5
SilenceFinder may offer paid services to users free of charge for a certain period of time. It is SilenceFinder’s sole discretion to determine which user can participate in a trial offer. SilenceFinder may terminate the provision of a test offer at any time or change the scope of the test offer. SilenceFinder may require the user to provide his/her payment details at the beginning of the test offer. SilenceFinder may charge the user after the end of the test offer with the fees incurred for the subsequent chargeable further use of the respective service. The user will be informed of this in the context of the presentation of the offer and must agree to it.
2.6
SilenceFinder reserves the right to change its business model at any time and, for example, to provide certain or all services only against payment. SilenceFinder will publish the respective fees. The user is at liberty to decide whether to continue using the service for a fee or to terminate it.
Right of revocation for consumers
If users are consumers in the sense of § 13 BGB, the following right of revocation applies to them.
Cancellation policy
right of withdrawal
You have the right to revoke this contract within fourteen days without giving reasons. The revocation period is fourteen days from the date of conclusion of the contract. In order to exercise your right of withdrawal, you must inform us (SilenceFinder GmbH, Hintergasse 61
CH – 8253 Diessenhofen, E-Mail: tech@silencefinder.de by means of a clear explanation (e.g. a letter or E-Mail sent by post) about your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this Agreement, we will refund to you all payments we have received from you, including delivery charges (other than the additional charges arising from your choosing a method of delivery other than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund. The right of withdrawal 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 to this and at the same time has confirmed his knowledge that he loses his right of withdrawal in the case of complete fulfilment of the contract by the entrepreneur.
Sample withdrawal form
(If you want to cancel the contract, please create an e-mail with the following content and send it to us.)
To
SilenceFinder Ltd.
Hintergasse 61
CH – 8253 Diessenhofen
E-mail: tech@silencefinder.de Herewith I/we revoke the contract concluded by me/us ()
Herewith I/we () 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(s) of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for paper communication)
date
(*) Delete as appropriate
Rights and obligations of the user
4.1
SilenceFinder and the services available through it are only made available to the user for personal and non-commercial use. The user account may only be transferred to third parties if there is a written agreement with Silencefinder GmbH that permits commercial use. The user may only use SilenceFinder for his own private purposes or for other purposes agreed with SilenceFinder.
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 unless there is a written agreement with Silencefinder GmbH licensing or permitting commercial use for customers.
4.3
Furthermore, the user is not permitted to do so,
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 indefinite group of people, by using the services in public areas (such as cinemas, theatres, exhibitions, show rooms, hotels, bars, restaurants or other public spaces); except through a written agreement with Silencefinder GmbH, which licenses or permits commercial use for its own customers.
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
bypass access control systems to chargeable services or take other measures to use services without authorization;
4.3.5
to post content on SilenceFinder or to disseminate information that is unlawful, 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 from viruses, worms, Trojans or other malicious malicious code that could endanger or impair the functionality of the App and free from viruses, worms, Trojans or other malicious code that could endanger or impair the functionality of the App;
4.3.6
Remove or obscure any copyright and/or trademark notices or other proprietary rights of SilenceFinder, SilenceFinder affiliates or third party companies;
4.3.7
transfer or assign any rights or obligations under these GTC to any third party.
4.4
The use of SilenceFinder 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.
Data Protection
Details on the protection and use of the data provided by the user by SilenceFinder can be found in our Privacy Policy. The data protection declaration forms an integral part of these General Terms and Conditions.
Liability
6.1
SilenceFinder draws the user’s attention to the fact that any exercises presented within the framework of the services provided by SilenceFinder are designed for users who are averagely healthy and physically and mentally resilient and that the user implements any exercises himself at his own risk. SilenceFinder shall only be liable for damages incurred by the user as a result of gross negligence or intent on the part of SilenceFinder or its vicarious agents. 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 observance the user may regularly rely (so-called cardinal obligations); in such cases, however, liability is limited – as far as possible – to foreseeable and typical damages.
6.2
The user undertakes to indemnify SilenceFinder or SilenceFinder’s vicarious agents against all claims by third parties asserted in connection with violations of the user’s obligations under these GTC and/or the laws applicable to him and to assume all reasonable costs incurred by SilenceFinder, including legal defence costs, insofar as the user is responsible for the violations.
Contract Term, Termination, Repayment
7.1
Insofar as the subject matter of the User Agreement is free services, the User Agreement may be terminated by both the User and SilenceFinder within 14 days by sending an e-mail to the e-mail address tech@silencefinder.de or the e-mail address provided by the User during registration.
7.2
SilenceFinder provides chargeable services with different durations. 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 Agreement shall be extended by the duration of the booked minimum usage period if it is terminated by the User or by SilenceFinder no more than 14 days prior to expiry 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. The Service may be terminated by SilenceFinder if the purchase was made via an App Store as described in the respective App Stores in the Subscription Administration, or by e-mail tech@silencefinder.de; in the event of termination by SilenceFinder to the e-mail address provided by the User during registration. The right to termination for good cause 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 SilenceFinder 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 that SilenceFinder terminates the User Agreement and the User terminates it, any fees paid in advance shall not be refunded, unless the User terminates the Agreement for good cause for which SilenceFinder is responsible.
Other provisions
8.1
SilenceFinder makes every effort 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 assumes no warranty for trouble-free operation or specific availability. In particular, SilenceFinder 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. SilenceFinder 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.
8.2
SilenceFinder is entitled to amend any provisions of these GTC which do not lead to a material change in the contractual structure or affect it at any time and without stating reasons, provided that such amendment does not lead to a change in the contractual structure as a whole. The essential provisions of the contract structure include, in particular, provisions concerning the type and scope of the contractually agreed services, the term and termination of the contract. Furthermore, SilenceFinder is 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 in the provisions that have arisen since the conclusion of the contract. This may be the case, for example, if jurisdiction 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 shall be deemed approved if the customer does not object to them in text form. The objection must be received within six weeks of receipt of the notification of the changed conditions. SilenceFinder 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, SilenceFinder’s request for amendment shall be deemed rejected. The contract will then be continued without the proposed changes. The right of the contracting parties to terminate the contract shall remain unaffected thereby.
8.3
SilenceFinder is entitled to transfer the rights and obligations arising from a contract to a third party. SilenceFinder shall inform the User in writing of the transfer; the User shall be entitled to an extraordinary right of termination. SilenceFinder must receive notice of termination in writing within 14 days of receipt of the transfer notification by the User.
8.4
SilenceFinder 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 GTC are subject to Swiss law. The exclusive place of jurisdiction is Frauenfeld, Canton Thurgau, Switzerland.
Use of Google Analytics
We use Google Analytics to analyze website usage. The data obtained from this is used to optimize our website and advertising measures.
Google Analytics is provided to us by Google Ireland Limited (Gordon House, Barrow Street, Dublin 4, Ireland). Google processes the website usage data on our behalf and is contractually obliged to take measures to ensure the security and confidentiality of the processed data.
During your visit to the website, the following data, among others, is transmitted to Google
No personal data such as name, address or contact details are transferred to Google Analytics. This data is transferred to Google servers in the USA. We would like to point out that the same level of data protection cannot be guaranteed in the USA as within the EU. Google Analytics stores cookies in your web browser for a period of two years since your last visit. These cookies contain a randomly generated user ID with which you can be recognized on future visits to the website. The recorded data is stored together with the randomly generated user ID, which makes it possible to analyze pseudonymous user profiles. This user-related data is automatically deleted after 14 months. Other data remains stored in aggregated form indefinitely. If you do not agree with the collection, you can prevent this by installing the browser add-on once to deactivate Google Analytics or by rejecting the cookies via our cookie settings dialog.