Terms
1. Scope
1.1. Beyond Breath LLC (30 North Gould Street Sheridan, WY 82801 US), Email: [email protected] (hereinafter referred to as "BeyondBreath"), operates a platform for the consumption of audio content (hereinafter referred to as "Platform") on the internet portals https://www.beyondbreath.com and other websites, as well as via mobile applications (hereinafter referred to as "mobile apps"). The use of the general offers (e.g. podcasts) is free of charge. Special services, such as subscriptions, individual audio courses or audio course bundles may be subject to a charge. This will be clearly indicated at the relevant point.
1.2. The use of the Platform is based on the following General Terms and Conditions ("GTC"). These GTC can be viewed on the Platform at any time.
1.3. Deviating general terms and conditions of yours will not be recognized by BeyondBreath unless BeyondBreath expressly agrees to their validity in writing.
2. Description of the Service
2.1. The Platform provides you with various (audio) content (hereinafter referred to as "Platform Content") for your personal development.
2.2. In a free area of the Platform (hereinafter referred to as "Free Version"), podcasts and short voice messages from mentors are provided. These podcasts and voice messages are uploaded by our mentors to our platform or automatically imported via RSS feeds from external sources.
2.3. In addition, you can purchase other high-quality audio content on the Platform - this is clearly indicated at the relevant point (hereinafter referred to as "Paid Version"). This includes audio courses, audio course bundles and also paid subscriptions.
2.4. Furthermore, BeyondBreath provides you with a personal area that you can fill with your selected Platform Content.
2.5. For some of the content provided - e.g. podcasts and audio courses - you can also publish your own questions or contributions via text or voice messages and thus exchange information with other users of the Platform (any rights and obligations of yours can also be found in particular in Section 3).
2.6. The scope of the provision of Platform Content and the possible uses depend on the type of your account and the type of product purchased, which you have selected in each case (cf. Section 3, Section 5 and Section 6).
3. Your Rights and Obligations
3.1. You are granted the simple, non-exclusive, non-transferable, revocable right to use the Platform and the content displayed therein or retrievable therefrom by BeyondBreath or third parties in accordance with these GTC.
3.2. In the context of the free use of the Free Version of the Platform, BeyondBreath is entitled to freely revoke this right of use and to have the mobile apps uninstalled; this applies in particular:
in the event of technical malfunctions of the mobile app;
in the event of compatibility problems with other applications; or
in the event of violations by you of these GTC or the terms of use of the app store operator.
3.3. When publishing contributions, you grant BeyondBreath a permanent, non-exclusive, royalty-free, sub-licensable, spatially and content-wise unlimited, transferable right to store, edit, distribute, reproduce, play and make publicly accessible or present the content provided by you worldwide - free of charge or for a fee. You acknowledge that both the Platform and the Platform Content of BeyondBreath or third parties are protected by intellectual property rights (industrial property rights) - in particular copyrights.
3.4. You are not permitted to do the following without BeyondBreath's prior written consent:
copy, modify, distribute for a fee or free of charge, make publicly accessible the Platform or the Platform Content in whole or in part by yourself or through third parties;
modify, reproduce, decompile, distribute, copy or make publicly accessible the source code of the Platform or the Platform Content;
use the Platform or the Platform Content in connection with illegal content, i.e. in particular with content that glorifies violence, is sexist, pornographic, extremist, harmful to young people or otherwise illegal;
offer services on the Internet, for a fee or free of charge, that relate to the Platform or the Platform Content and that create the mistaken impression that the user would thereby obtain advantages or that the service would be provided with the consent of or in cooperation with BeyondBreath.
3.5. You warrant that the manner in which you use the Platform and the Platform Content you upload does not violate applicable law, in particular does not infringe the rights of third parties. Should claims of third parties nevertheless be asserted against BeyondBreath in this context, you shall indemnify BeyondBreath from all claims of third parties. Third parties in this case may also be other users or mentors. In addition, you shall reimburse BeyondBreath for all damages and expenses incurred in this context. This applies in particular to the reimbursement of costs for a defense against the asserted claim (e.g. court and attorney fees).
3.6. You are solely responsible for the legally compliant use of the Platform. You warrant that you will comply with all legal, in particular data protection and competition law, as well as contractual requirements when using the Platform. The following actions are not permitted:
Use of the Platform as a minor;
Dissemination of illegal content, in particular content that is offensive, degrading, harmful to young people, seditious or racist, or that violates the trade or business secrets, intellectual property, personal, image or other rights of third parties.
Dissemination of malicious files or programs (e.g. viruses, Trojans);
Use of automated procedures to extract data determined via the Platform or its functionalities;
Use of another user's access;
Circumvention of any filter mechanisms used by BeyondBreath as well as the attempt to access areas of the services or the systems supporting them for which you are not authorized.
3.7. You are responsible for regularly backing up your data. You are responsible for checking whether you have to comply with any laws, regulations or other rules of a state or country that are applicable to you due to or through the use of the Platform, and you shall ensure compliance with such rules. You are responsible for complying with the respective contractual conditions and specifications of the messaging services you use. In order to maintain the best possible stability and security of the Platform, it is strongly recommended that you download and run the latest updates. Before selling the terminal device on which the mobile app is located, the app must be completely removed.
3.8. By downloading the mobile app, you confirm that you:
are not located in a country that is subject to an embargo by the US government or has been designated as a country supporting terrorism; and
are not on a US government blacklist ("list of prohibited or restricted parties").
4. Registration with BeyondBreath
4.1. Registration itself is free of charge (Free Version) and does not oblige you to conclude a paid subscription. By registering, you conclude a contract with BeyondBreath for a limited, free use of the Platform.
4.2. In order to be able to use certain services of BeyondBreath, registration with BeyondBreath is required. Registration can be done in different ways.
4.3. (1) For manual registration on the Platform, you enter your email address, a self-chosen password and a self-chosen username and agree to these GTC, the data protection provisions and the legal notice. Registration is only complete and the Platform is fully usable when you activate the confirmation link sent to your specified email address.
4.4. (2) In the case of automatic registration after a purchase, the data provided during the purchase will be used to create an BeyondBreath account. This includes the email address and first name. Based on the first name, an BeyondBreath username is generated, which is also visible when publishing contributions on the Platform. You will automatically be generated a password and sent to your specified email. You can change the password at any time via the "Forgot password" link in the login mask.
4.5. The information required for registration and purchase must be complete and correct and must be kept up to date at all times. BeyondBreath is entitled to store and process the data provided during registration in accordance with our data protection regulations (cf. Section 12).
4.6. The password used must be kept secret. Confidentiality is your sole and full responsibility.
5. Conclusion of the contract for a paid subscription, an audio course or a course bundle
5.1. In order for you to be able to use BeyondBreath's services to their full extent, further products in the form of paid subscriptions (hereinafter referred to as "subscription accesses") are available to you after registration. These subscription accesses can be concluded for different, possibly also changing terms. BeyondBreath currently offers the following subscription accesses and purchase products:
The "Access to all audio courses" subscription entitles you to access all audio courses published by BeyondBreath and activated for the subscription. Certain audio courses that have only been activated for certain course bundles may be excluded from this subscription.
A "Lifetime License". It only ends (a) with your death, or (b) if BeyondBreath ceases to provide the services altogether, or (c) if BeyondBreath ceases its business operations altogether. A Lifetime License is granted to you personally and the associated rights and obligations do not pass to your heirs. BeyondBreath may request proof of identity from you at any time.
Course bundles (such as the Health Bundle) entitle you to access all audio courses activated for the respective bundle.
Access to the respective services is valid as long as the subscription exists.
5.2. The product descriptions contained on BeyondBreath's platform do not constitute binding offers on the part of BeyondBreath, but serve for the submission of a binding offer by you.
5.3. You can submit the offer via the online order form integrated into the platform. In doing so, after you have gone through the electronic ordering process, you submit a legally binding contractual offer with regard to the previously selected products by clicking the button that concludes the ordering process. You can also submit the offer to BeyondBreath by email.
5.4. BeyondBreath can accept your offer within five days by sending you a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by you is decisive in this respect, or by requesting payment from you after you have placed your order. If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after you send the offer and ends with the expiry of the fifth day following the sending of the offer. If BeyondBreath does not accept your offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that you are no longer bound by our declaration of intent.
5.5. When submitting an offer via the online order form, the contract text will be stored by BeyondBreath after the conclusion of the contract and transmitted to you in text form (e.g. email, fax or letter) after you have sent your order. The contract text will not be made accessible by BeyondBreath beyond this.
5.6. Before bindingly submitting the order via BeyondBreath's online order form, you can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the enlargement function of the browser, with the help of which the display on the screen is enlarged. You can correct your entries within the framework of the electronic ordering process as long as you use the usual keyboard and mouse functions until you click the button that concludes the ordering process.
5.7. Order processing and contacting usually take place via email and automated order processing. You must ensure that the email address you provide for order processing is correct so that emails sent by BeyondBreath can be received at this address. In particular, when using SPAM filters, you must ensure that all emails sent by BeyondBreath or third parties commissioned with order processing can be delivered.
5.8. For remuneration, payment modalities please also refer to Section 7
6. Trial subscriptions / test phases
6.1. Occasionally, BeyondBreath offers - especially to new users - the use of the subscription access for testing purposes for a certain periodof time free of charge (so-called "trial subscription"). It is at the sole discretion of BeyondBreath to determine which user can participate in a trial subscription. BeyondBreath may discontinue or modify such a free trial subscription at any time without prior notice or announcement.
6.2. BeyondBreath may require you to enter your payment details at the beginning. You are free to cancel the trial subscription until the end of the trial period. Otherwise, the trial subscription will automatically convert to a paid subscription and you will be charged for continued use. You will be informed of this during the offer presentation and must give your consent by confirming the respective purchase or confirmation button.
6.3. As part of a subscription access, your payment obligation to BeyondBreath will automatically renew at the end of the respective billing period if you do not cancel your paid subscription at least 24 hours before the end of the term (see Section 8).
7. Remuneration, Payment Modalities and Shipping
7.1. Unless otherwise stated in the product description, the prices quoted are total prices that include the statutory value-added tax. Any additional delivery and shipping costs will be stated separately in the respective product description. For deliveries to countries outside the European Union, additional costs may be incurred in individual cases, for which BeyondBreath is not responsible and which are to be borne by you. These include, for example, costs for money transfer by credit institutions (e.g. transfer fees, exchange rate fees) or import duties or taxes (e.g. customs duties). Such costs may also be incurred in relation to the money transfer if the delivery is not made to a country outside the European Union, but you make the payment from a country outside the European Union.
7.2. The payment option(s) will be communicated to you on BeyondBreath's platform. When paying via the website (https://www.beyondbreath.com), you will be redirected to the payment service provider Stripe Payments Europe Ltd, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter "Stripe"). Stripe may use other payment services to process payments, for which special payment terms may apply, of which you may be informed separately. Further information on Stripe is available on the Internet at https://www.stripe.com/.
7.3. When concluding a subscription or a purchase via BeyondBreath's iOS app, payment is made via Apple's in-app purchase process.
7.4. When concluding a subscription or a purchase via BeyondBreath's Android app, payment is made via Google's in-app purchase process.
7.5. The purchased products will be activated for the email address you provide. If the delivery of the goods fails for reasons for which you are responsible, you shall bear the costs incurred by BeyondBreath as a result.
7.6. As part of a subscription access, your payment obligation to BeyondBreath will automatically renew at the end of the respective billing period if you do not cancel your paid subscription at least 24 hours before the end of the term (see Section 8).
8. Term and Termination
8.1. The user agreement between BeyondBreath and you for the use of the Free Version has an indefinite term. The user agreement can be terminated by you at any time without giving reasons and without observing a notice period. For this purpose, an email clearly stating the intention to terminate must be sent to [email protected].
8.2. Term of a paid subscription if you are a consumer and have your permanent residence in Germany: The paid subscription (see Section 5.) runs for at least the term originally chosen by you and is automatically extended for an indefinite period if it is not terminated at least 24 hours before the end of this period. If you have not terminated your original paid subscription or have not terminated it in time, you can terminate the extension subscription at any time with a notice period of one month. You can terminate the subscription as follows:
You can cancel paid subscriptions that you have taken out via our website under the menu item "Settings". To do this, you must log in, open the settings and click on "Cancel subscription" there. Alternatively, you can also use the cancellation form at https://www.beyondbreath.com/en/membership/cancel.
You can cancel a paid subscription that you have taken out via our iOS or Android apps in your iTunes or Google Play settings.
8.3. Term of a paid subscription if you are either not a consumer or have your permanent residence outside of Germany: The paid subscription for the subscription access (see Section 5.) runs for at least the term originally chosen by you and is automatically extended if it is not terminated at least 24 hours before the end of this period. The subscription term is extended according to the subscription model previously used. You can terminate the subscription as follows:
You can cancel paid subscriptions that you have taken out via our website under the menu item "Settings". To do this, you must log in, open the settings and click on "Cancel subscription" there. Alternatively, you can also use the cancellation form at https://www.beyondbreath.com/en/membership/cancel.
You can cancel a paid subscription that you have taken out via our iOS or Android apps in your iTunes or Google Play settings.
8.4. Both parties have the right to terminate the paid user agreement for good cause without notice. An important reason for extraordinary termination exists for BeyondBreath in particular if:
8.5. You violate essential obligations under this agreement and do not remedy these violations despite prior warning and setting of a deadline;
8.6. You exploit content for commercial purposes or distribute, transmit, make publicly accessible or publicly perform it for other non-private purposes.
9. Gift Vouchers and Other Offers
9.1. Vouchers that are issued by BeyondBreath free of charge as part of promotional campaigns with a certain period of validity and that cannot be purchased by you (hereinafter "promotional vouchers") can only be redeemed on the BeyondBreath platform and only within the specified period. In addition, the following further conditions apply:
Promotional vouchers can only be redeemed by consumers.
Individual products may be excluded from the voucher campaign, provided that a corresponding restriction arises from the content of the promotional voucher.
Promotional vouchers can only be redeemed beforethe conclusion of the order process. Subsequent offsetting is not possible.
Only one promotional voucher can be redeemed per order.
The value of the goods must be at least equal to the amount of the promotional voucher. Any remaining credit will not be refunded by the seller.
If the value of the promotional voucher is not sufficient to cover the order, one of the other payment methods offered by the seller can be selected to pay the difference.
The credit balance of a promotional voucher will neither be paid out in cash nor will it bear interest.
The promotional voucher will not be refunded if the customer returns the goods paid for in whole or in part with the promotional voucher within the scope of his statutory right of withdrawal.
The promotional voucher is transferable. This does not apply if the seller has knowledge or grossly negligent ignorance of the non-entitlement, legal incapacity or lack of power of representation of the respective holder.
10. Warranty / Availability of the Platform
10.1. BeyondBreath provides you with the Platform including the content with the current state of development ("as is"). Insofar as the Platform is used free of charge, BeyondBreath does not assume any warranty for any defects. In the case of paid purchases, you are entitled to the statutory warranty rights with regard to these (cf. Section 14). If you do not keep the Platform (or app) up to date through updates, the warranty may be limited or void.
10.2. BeyondBreath does not guarantee the permanent availability of the Platform.
10.3. Descriptions of the functionality of the Platform as well as information on the scope of functionalities are merely descriptive and do not constitute guarantees unless they are expressly designated as such in writing.
10.4. BeyondBreath strives to offer the highest possible topicality, functionality and security of its products. To enable this, updates of the Platform (or app) may be necessary, which may temporarily impair the availability of the Platform Content in whole or in part. You approve of possible impairments attributable to this to a proportionate and reasonable extent.
10.5. The download of the Platform as well as its installation is at your expense and risk. BeyondBreath is not responsible for damages or other disruptions that are based on the incompatibility of the Platform with your software or hardware, unless the compatibility has been expressly stated as such by BeyondBreath.
10.6. BeyondBreath and you acknowledge that no warranty and no support for the app is provided by the operator of the app store in the context of the free use of the app; however, in the case of paid apps, you can contact the operator of the app store for a refund. Any further recourse against the operator of the app store is excluded.
11. Liability
11.1. The content offered on BeyondBreath is solely for personal and professional development, does not replace medical or therapeutic treatment, medical, therapeutic, legal, tax or financial advice or the like and is directed exclusively at people who are not in an exceptional or emergency situation. Recommendations made accessible via our pages and services cannot guarantee a specific success and are essentially based on personal experiences. A sensible approach to the content made available to you is important.
11.2. BeyondBreath shall only be liable for damages - regardless of the legal basis - in the event of intent, gross negligence and slightly negligent breach of essential contractual obligations. Essential contractual obligations are those whose fulfillment is necessary to achieve the objective of the contract. In the event of a slightly negligent breach of essential contractual obligations, BeyondBreath's liability shall be limited to compensation for the foreseeable damage typical for the contract. In particular, consequential damages shall not be compensated. The aforementioned limitations of liability shall not apply to culpably caused damages resulting from injury to life, limb or health as well as in other cases of mandatory statutory liability.
11.3. Insofar as advertising of third parties is provided within the framework of the Platform, no liability is assumed for its content. BeyondBreath has no influence on the content of this advertising and the linked websites and expressly does not adopt them as its own.
12. Information on Data Processing
12.1. If BeyondBreath or commissioned partners (not the app store) collect and store personal data from you during the installation and/or use of the Platform, this is done in accordance with the applicable data protection law, in particular in accordance with the GDPR and the Federal Data Protection Act.
12.2. For further information on data collection, processing and use, please refer to the privacy policy, available at https://www.beyondbreath.com/en/legal/privacy.
13. Amendment of the GTC
13.1. BeyondBreath reserves the right to amend these Terms of Use from time to time without giving reasons, unless this is unreasonable for you. This is the case, for example, if the change affects the paid version of the app and the change would have a disadvantageous effect for you.
13.2. BeyondBreath will inform you of the changes in good time. These changes shall be deemed approved if you do not object to these changes in writing (e.g. email) within four weeks of receipt of the notification of change, whereby BeyondBreath will expressly point out the right of objection and the consequence of a failure to object in the notification of change.
13.3. BeyondBreath may amend these Terms of Use:
if the amendment is solely advantageous for you;
if the amendment is purely technical or caused by a system process, unless it has significant effects for you;
insofar as BeyondBreath is obliged to make an amendment due to mandatory legal requirements, such as a change in the applicable legal situation;
insofar as BeyondBreath introduces additional services, unless the existing user agreement is thereby changed to your disadvantage.
14. Cancellation Policy
14.1. When concluding a distance contract, you have a statutory right of withdrawal, about which BeyondBreath informs you below in accordance with the statutory model.
14.2. Please note that in the case of an in-app purchase, you have a right of withdrawal within the respective app store (e.g. Apple App Store).
START OF CANCELLATION POLICY
You have the right to cancel this contract within 14 days without giving any reason. The cancellation period is 14 days from the day of the conclusion of the contract.
If you wish to exercise your right of cancellation, please inform us of this decision by sending us a signed declaration to
BeyondBreath,
by post or email. The cancellation form provided below can be used for this purpose, but its use is not mandatory.
The date of dispatch of your declaration of cancellation is decisive for compliance with the cancellation period.
In the event of cancellation, we will refund all payments made by you, including delivery costs (with the exception of special delivery costs chosen by you that exceed the normal delivery costs offered by us), within a maximum of 14 days of receipt of the cancellation. The same payment method that you chose when ordering will be used for the refund. Changes to the payment method are possible by agreement. The refund of the payments will not generate any additional costs for you.
If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract.
END OF CANCELLATION POLICY
MODEL CANCELLATION FORM
Cancellation Form
(To exercise your right of cancellation, please fill in the relevant data in the following form and send it to us.)
To
BeyondBreath
I/we () hereby cancel the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service ()
Order date:
Reference date:
Goods/service ordered:
Your name:
Your address:
Your signature:
Date:
(*) Delete as applicable
15. Out-of-Court Dispute Resolution
15.1. The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for the out-of-court settlement of disputes arising from online purchase or service contracts involving a consumer.
15.2. In accordance with Section 36 VSBG, BeyondBreath points out that BeyondBreath is neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.
16. Final Provisions
16.1. By registering or purchasing, you declare that you have read these GTC, the data protection declaration and the legal notice and that you agree to their validity.
16.2. Ancillary agreements, amendments and supplements to the contractual relationship must be made in writing. This also applies to a waiver of this written form requirement.
16.3. The contractual relationship with you as well as all claims arising from or in connection with the contract (e.g. also non-contractual claims) shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods shall not apply. The place of performance is the registered office of BeyondBreath. If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship between you and BeyondBreath shall be the registered office of BeyondBreath.
16.4. In the event of any discrepancy between different language versions of these Terms of Use or in the event of questions of interpretation, the German version shall prevail.
16.5. These Terms of Use apply exclusively. Deviating, conflicting or supplementary terms of use shall only become part of the contract if and insofar as BeyondBreath has expressly agreed to their validity in writing.