Terms & Conditions
General
Terms and Conditions
1 Scope
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contractual and legal relationships in connection with the purchase of Be-Light products and the use of Be-Light content, including the use of mobile and computer-based applications (apps), Software, services, in particular those offered via the Be-Light website “www.be-light.app” and/or the Be-Light app between the
BE LIGHT Now GmbH
Brunnenstrasse 154
10115 Berlin.
HRB: 233165 B – District Court of Charlottenburg (Berlin)
(hereinafter referred to as “BE LIGHT”)
and users, buyers and other persons who enter into a legal relationship with BE LIGHT (hereinafter also referred to as "users"), regardless of the way or form in which the legal relationship arises.
They are accepted at the latest with an explicit declaration during registration, at the latest with use as part of the respective license, usage or other contractual relationship. With acceptance, these GTC also apply to future contracts between BE LIGHT and the contractual partner, without this having to be expressly declared.
In addition to software, BE LIGHT also provides content, in particular audiovisual videos, audio content, text, images and light impulses (“BE LIGHT content”) via BE LIGHT online platforms. Unless expressly granted, the copyright rights of use remain exclusively reserved for BE LIGHT.
(2) Registration as a user may be required for the functionality of the BE LIGHT products and for the use or claiming of BE LIGHT content. By completing the registration as a user of BE LIGHT content, you accept these General Terms and Conditions (GTC) for the use of the content offered.
These General Terms and Conditions apply exclusively to the legal relationship between BE LIGHT and the contractual partner. Deviating, supplementary or contradictory conditions require an express written agreement.
(3) Online access is required to use many functions of the BE LIGHT products and services. The user is responsible for ensuring that the technical requirements and the availability of the online connection are met. Compatibility with end devices or software is not guaranteed beyond the statutory warranty, unless otherwise agreed.
In principle, the content can be used on all end devices or platforms supported by BE LIGHT or during the face-to-face or online events. Restrictions, in particular technical ones, can be found in the respective service description.
(4) The BE LIGHT terms and conditions that are in force at the time the contract is concluded apply to the user relationship.
If any provision of these Terms of Service is held invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
2. Services, online services
(1) The online services are in particular the content and functions of BE LIGHT NOW GmbH, which offer the user various options with the practice of breathing techniques, brain wave stimulation, neuronal tuning (audiovisual stimulation), meditation, affirmations, mindfulness - and to familiarize yourself with relaxation exercises. The content can be free, fully or partially paid for or advertising-financed. If the content is subject to a charge, this will be explicitly pointed out.
In addition, there is no entitlement to certain functionalities of the app or the face-to-face or online events themselves. BE LIGHT is entitled at any time to change the content and functionalities provided within the app, at face-to-face and online events, and to make new content and functionalities available, provided this does not affect the accessibility or usability of the content. This does not apply to significant changes that affect the accessibility as such or usability of the content.
(2) Individual contents of BE LIGHT may depend on registration or payment. Insofar as registration is required for individual content and services, the user assures that all data transmitted as part of registration is true and complete. The contractual relationship between the user and BE LIGHT only comes about when the content is activated.
(3) The product, service and price information contained within the scope of our online services does not constitute a binding offer by BE LIGHT, but is an invitation to the customer to make a binding booking and a corresponding offer by clicking on the "Pay now" button BE LIGHT. If BE LIGHT confirms the booking by sending a confirmation of receipt by e-mail or in any other way, this does not constitute acceptance of the offer by BE LIGHT. The contract for the offer is only concluded when access is made available.
(4) We do not offer any products or content for use or purchase by minors. By placing an order, you confirm that you are of legal age.
(5) Information in the registration or registration process must be truthful. In particular, any indication of names, data, likenesses and/or personal characteristics of third parties in the context of registration and profiling is prohibited. The user is prohibited from allowing unauthorized third parties to use his account unless this has been expressly permitted.
3. Prices, terms of payment
(1) Insofar as the use of content is subject to a charge, the remuneration can be found in the information or the respective service description, which also contains the scope of service and any framework conditions. Payment of the fee only entitles access to the content that is visible or available in the service description. Stated prices are total prices including statutory sales tax, if applicable.
(2) BE LIGHT offers the following payment methods: Apple Pay, credit cards (Visa, Mastercard, American Express, Discover, Diners Club, JCB), Giropay, Google Pay, SEPA direct debit, WeChat Pay, Klarna/Sofortüberweisung and Alipay.
(3) In the case of payment by credit card or immediate transfer, the amount is due immediately. Fees are due according to the respective service description. If no due date is stated in the offer, the prices are due and payable immediately in case of doubt. All payment systems shown in the service description are accepted.
(4) If the user is in arrears with the payment, he shall bear all the resulting return debit costs, insofar as he is responsible for the non-payment, in accordance with the statutory provisions. Furthermore, BE LIGHT is entitled to block access to individual or all content.
4. Rights of Use, Obligations
(1) Insofar as BE LIGHT offers content free of charge, this does not result in a permanent right of use, but rather a simple, freely revocable right of use. Rather, BE LIGHT is entitled to terminate the free services at any time, unless otherwise stated in the offer.
(2) As part of the scope of services of the respective usage contract, BE LIGHT grants the user the non-exclusive, non-transferrable right to access the BE LIGHT content to the contractually agreed extent. Other uses, in particular the downloading of content, other duplications or distributions as well as commercial use are prohibited and require separate approval.
(3) There is no entitlement to provision or access to specific and/or other specific content or functionalities. In particular, BE LIGHT is entitled to update, exchange and/or change the content provided via the BE LIGHT app, BE LIGHT platforms, BE LIGHT websites and landing pages at its own discretion, provided that this does not affect the usability of the BE LIGHT content by the user is affected.
(4) BE LIGHT content is protected by copyright. It is prohibited to copy or reproduce BE LIGHT content, to sell it, to play it back publicly or to use it in a manner other than that permitted. It is also prohibited to allow third parties to use or access the content unless they have the appropriate usage rights.
(5) BE LIGHT is entitled to monitor the proper use of the content and can block the user's access in the event of suspected misuse or a breach of contractual obligations.
(6) Furthermore, the user is not permitted to
(a) to use paid content on multiple end devices, unless such use is expressly permitted within the scope of the respective offer or expressly approved by BE LIGHT;
(b) allow third parties to access or view the content, e.g. B. a group of people via smart TV, beamer, projector or an indefinite group of people by using the content in public areas (e.g. cinemas, theaters, exhibitions, showrooms, hotels, bars, restaurants, yoga -/wellness studios or other public spaces);
(c) to make the access data sent or used for authentication and identification accessible to third parties or to pass them on to third parties;
(d) circumvent access control systems to paid content or take other measures to make unauthorized use of content;
(e) transfer or assign any rights or obligations under these Terms and Conditions to any third party.
BE LIGHT content is at the user's own risk in compliance with the BE LIGHT safety instructions and in BE LIGHT information. In particular, the health risk of incorrect or excessive use and individual exposure risks are pointed out. It is recommended to consult a doctor before use.
(8) In particular, BE LIGHT is not liable for damage caused by unauthorized use, in particular on third-party computer systems and other technical devices, for loss or delayed or defective reception of data, signals, content or messages.
(9) BE LIGHT points out to the user that applications within the scope of the content provided by BE LIGHT are created for users with average physical and mental health and that the user implements the applications himself at his own risk.
The content provided by BE LIGHT is not for medical purposes and cannot replace medical advice or treatment. The content is expressly not suitable as a substitute for medical or psychological treatment.
(10) BE LIGHT does not owe the user a specific start of success. In particular, BE LIGHT is not responsible for the fact that participation in courses or the use of content will have an effect on the user.
(11) It is expressly pointed out that breathing and relaxation techniques, audio frequencies and flickering lights are used in the app, in online and face-to-face events and on the website, which cause seizures in people sensitive to flickering light or photosensitive epilepsy be able. Even if a user has never had a seizure, there is a small chance that they are photosensitive and such exposure to flashing lights can lead to a seizure. The risk of the application lies with the user.
(12) The user must observe the application instructions and risks. Persons with the following indications are excluded from use unless there is a medical clearance certificate:
persons under the age of 18;
pregnant women;
Users using a pacemaker and/or taking stimulants such as tranquilizers or psychotropics, including illegal drugs or alcohol;
Users who suffer from one of the following diseases:
cardiac arrhythmias or other heart conditions,
arterial hypertension,
severe cardiovascular disease,
Glaucoma (Glaucoma),
infections,
recent surgeries,
artery drain (aneurysm),
current or past psychosis,
previous psychosis in the family,
panic attacks.
In these cases in particular, breathing and relaxation techniques, audio frequencies and flickering light can have unwanted consequences for which BE LIGHT assumes no liability. If there are medical indications, a doctor must be consulted before use. By agreeing to the terms and conditions, the user assures that none of the conditions apply to him.
(13) The user undertakes to indemnify BE LIGHT or BE LIGHT's vicarious agents against all third-party claims which are asserted in connection with the user's violation of his obligations under these GTC and/or the laws applicable to him and all BE LIGHT to assume the costs incurred, including those for legal defense, in an appropriate form, insofar as the user is responsible for the violations.
5. Duration of Contract
(1) The usage relationship for the BE LIGHT app begins when the user account is activated and runs for an indefinite period.
(2) If a period of use has been agreed for individual content or offers, the contractual relationship with regard to the items in question runs until the end of the specified period of use (minimum period of use). Thereafter, the usage relationship is extended indefinitely with a monthly right of termination, unless this is terminated with a notice period of 1 month to the end of the month.
(3) If the subject of the user relationship is free content, the user contract can be terminated by either party at any time by email or the cancellation button.
(4) The paid content can be canceled if the purchase was made via an app store, as described in the subscription management in the respective app store, or by e-mail to office@be-light.app.
(5) The right of the parties to extraordinary termination for important reasons remains unaffected.
6. Liability
(1) BE LIGHT is liable without limitation if the cause of the damage is based on an intentional or grossly negligent breach of duty by BE LIGHT, its legal representatives or vicarious agents.
(2) Furthermore, BE LIGHT is liable for the slightly negligent breach of essential obligations. Obligations are essential, the violation of which jeopardizes the achievement of the purpose of the contract or the fulfillment of which is essential for the proper execution of the contract and on the observance of which you regularly rely. In this case, however, BE LIGHT is only liable for the foreseeable, contract-typical damage.
(3) Liability of the parties in cases of force majeure is excluded. In particular, neither party is liable for non-performance, performance or fulfillment defects or delays based on force majeure. Force majeure includes natural disasters, government crises, interruptions in the network and power supply, strikes, acts of terrorism, cyber attacks, pandemics and other health crises, insofar as the respective obligated party is not responsible for the cause and the breach of duty or disruption of performance cannot be avoided by reasonable measures could have been avoided.
(4) Insofar as BE LIGHT's liability is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
7. Portability
(1) A transfer of the rights of use requires the prior written consent of BE LIGHT.
(2) BE LIGHT is entitled to transfer the contract and/or the contractual claims and rights in whole or in part to third parties, insofar as the transfer does not affect the rights and claims of the user. In this case, the user is obliged to conclude a corresponding takeover agreement with the respective third party upon request. BE LIGHT will inform the user in writing about the transfer; the user has an extraordinary right of termination. The notice of termination must be received by BE LIGHT in writing within 14 days of receipt of the notification of transfer by the user.
8. Choice of Law
The law of the Federal Republic of Germany applies to these terms of use. This choice of law applies to consumers only insofar as mandatory provisions of the law of the state in which the consumer has his habitual residence do not conflict with the provisions of these General Terms and Conditions. The validity of UN purchasing law is excluded.
The exclusive place of jurisdiction is – as far as permissible – Berlin.
9. Right of Withdrawal
RIGHT OF WITHDRAWAL
As a consumer, you have the right to revoke the user agreement within 14 days without giving a reason. The cancellation period begins on the day on which you or a third party named by you, who is not the carrier, hand over the goods (or the last goods, partial shipment or piece in the case of a contract for several goods of a single order or the delivery of goods in several part shipments or pieces) have taken possession of.
In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract. Please send your declaration of revocation to:
BE LIGHT NOW GmbH
Brunnenstrasse 154
10115 Berlin
Email: office@be-light.app
The declaration of revocation can be sent electronically (e-mail) or by post.
You can use the model cancellation form below, but it is not mandatory.
To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired.
Consequences of the revocation:
If you withdraw from this contract, we will owe you all payments we have received from you for the goods purchased, including delivery costs (except for additional costs resulting from your choosing a different method of delivery than that offered by us , have chosen cheapest standard delivery) 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 any fees for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you inform us of the cancellation of this contract. The deadline is met if you send back the goods before the period of fourteen days has expired.
You bear the direct costs of returning the goods.
You only have to pay for any loss in value of the goods if this loss in value is due to the handling of the goods that is not necessary to establish the nature, properties and functioning of the goods.
END OF REVOCATION
Sample cancellation form
(If you want to revoke the contract, please fill out this form and send it back.)
BE LIGHT NOW GmbH
Brunnenstrasse 154
10115 Berlin
Email: office@be-light.app
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.
10. Other notices
(1) BE LIGHT endeavors to enable trouble-free operation of the app, the digital platforms, the presence and online events and to keep them available as far as possible, but points out that complete or complete availability of the content is technically is not realizable and therefore gives no guarantee for trouble-free operation or a certain availability. However, BE LIGHT will ensure an effective availability of 97% on an annual average. Non-availabilities due to maintenance work that is carried out outside of the usual support times are not taken into account
In particular, BE LIGHT can restrict the user's access without giving reasons - in whole or in part, as well as temporarily or permanently, unless a service period has been agreed.
(2) BE LIGHT is entitled to change provisions of these GTC without stating reasons, provided that this change does not lead to a reorganization of the contractual structure as a whole or affect it. The essential provisions of the contractual relationship include, in particular, regulations that contain the type and scope of the agreed services, as well as the term and termination of the contract. Furthermore, BE LIGHT is entitled to adapt or supplement these GTC if this is necessary to repair difficulties in the implementation of the contract with the user due to loopholes that arose after the conclusion of the contract. This can be the case, for example, if case law declares one or more provisions of these GTC to be invalid or a change in the law leads to the invalidity of one or more provisions of these GTC. The customer will be informed of the changed conditions in writing by e-mail or in the BE LIGHT app at least six weeks before they come into effect. The changes are considered approved if the customer agrees to them or does not object in text form. The objection must be received within six weeks of receipt of notification of the changed conditions. BE LIGHT will specifically point out the possibility of objection and the importance of the six-week period in the notification letter about the changed conditions. If the user exercises his right of objection, BE LIGHT's change request is deemed to have been rejected. The contract is involved in this case without the proposed changes. In the event of an objection, both contracting parties have the right to terminate the contract with a notice period of 14 days.
(3) BE LIGHT can, among other things, use advertising material when starting the app or during face-to-face or online events or while using the content. This advertising can be controlled in a targeted manner based on the information provided by the user and his use of the content, to the extent permitted by law and in compliance with data protection regulations.
11. Privacy
The processing of personal data takes place in accordance with the legal provisions, in particular according to DSGVO and BDSG. Information on the protection and use of the data provided by the user by BE LIGHT can be found in our data protection declaration. The data protection declaration forms part of these General Terms and Conditions.
12. Additional consumer information and information in electronic commerce
(1) Responsible provider is
BE LIGHT NOW GmbH
Brunnenstrasse 154
10115Berlin
Managing Directors: Oliver Smykacz & Ivo Vossen
Tel: + 49 179 3906581
Email: office@be-light.app
HRB 233165 B – District Court of Charlottenburg (Berlin)
VAT ID No.: ……DE346874615…………
(2) The main features of the content and functions offered can be found in the respective product descriptions of the online services.
(3) The conclusion of the contract is based on Section 2 of the General Terms and Conditions.
(4) The text of the contract or the contract data can be taken from the general terms and conditions, copied and saved and printed out by the buyer when the booking is submitted.
The customer can print out or save the GTC including consumer information by clicking on the “GTC” and “Consumer Information” links in the online shop and then copying and pasting the page into a text program and saving it.
(5) The purchase price is paid using the payment options offered during the booking process. The regulations under Section 3 of the General Terms and Conditions apply. Unless otherwise agreed, invoices must be paid in advance within 7 days of the conclusion of the contract. Installment payments require prior agreement/agreement with the seller. In the event of default in payment, the seller is entitled to withdraw from the contract after a reasonable period of time for performance.
(6) BE LIGHT is not subject to any special codes of conduct.
The platform of the EU Commission for online dispute resolution can be reached via the following link: https://ec.europa.eu/consumers/odr /
BE LIGHT is generally not willing or obliged to conduct a dispute settlement procedure before a consumer arbitration board.