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Terms of Use Hypnomeditations App

1. Scope

1.1. These Terms of Use, along with the Privacy Policy (collectively referred to as the "Hypnomeditations App Terms"), apply to your use of the Hypnomeditations App (the "App"), and supplement the Terms of Use of the App Stores of Apple Distribution International Ltd., available at https://www.apple.com/de/legal/internet-services/itunes/de/terms.html, and Google Play of Google Ireland Limited, available at https://play.google.com/intl/de_de/about/play-terms/index.html, and all services and content provided in connection with the App (the "Services" and the "Content" and together with the App, the "Program"), which are provided by Palacios Communications GmbH, Rosenweg 25B, CH – 3007 Bern, Switzerland (hereinafter "PALACIOS" or "we").

1.2. Deviating, opposing or supplementary General Terms and Conditions of the user will not become part of the contract, even if known, unless PALACIOS has expressly agreed to their validity in writing.

1.3. These Terms of Use can be accessed in their current version in the App under the menu item "Terms of Use" and saved in a reproducible form.

1.4. A confirmation of the contract, in which the content of the contract is reproduced unchanged, is stored for each user in their inbox of the App.

2. Subject and Services

2.1. Users can access audio content in the fields of relaxation, meditation, personal development and hypnosis in the App.

2.2. The App offers users the opportunity to assemble audio sequences using a modular system, thereby creating their own audio meditations and hypnoses. Use of the App in the basic version is free of charge.

2.3. Users can purchase a paid subscription via in-app purchase to access additional content. Further details are regulated by section 4 of these Terms of Use.

2.4. The content in the App is not intended for the diagnosis, prevention and/or treatment of diseases and/or ailments. This also applies to the additional content included in the paid subscription. PALACIOS does not determine the user's state of health and does not provide medical care.

2.5. PALACIOS reserves the right to offer additional content or functions for separate payment in the future. PALACIOS also reserves the right to display advertising content in the future, which contributes to the financing of the offer.

3. Requirements for Using the App

3.1. By installing the App, an agreement is made between the user and PALACIOS for the use of the App on the basis of these Terms of Use.

3.2. By using the App, the user confirms that they are of legal age and entitled to enter into contracts. Only persons capable of entering into legal transactions are allowed to use the App independently.

3.3. If the user becomes aware of unauthorized use of the App, they must immediately inform PALACIOS.

3.4. In case of abusive behavior, violation of these Terms of Use or any other breach, PALACIOS can exclude the user from using the App.

4. Additional Content

4.1. PALACIOS provides additional content in the App, which users can access only by booking a paid subscription. Users can close the paid subscription via an in-app purchase.

4.2. The opportunity for in-app purchase displayed in the App is not a legally binding offer, but an invitation to submit an offer.

4.3. By confirming the payment, the user makes a binding offer to conclude a paid subscription.

4.4. PALACIOS immediately confirms the receipt of the user's order in the App. The display of the

 order confirmation is not a declaration of acceptance of the contract by PALACIOS.

4.5. The contract is concluded when the user can access the additional content included in the paid subscription for the first time.

4.6. The prices displayed in the App are in Euros including the currently valid legal value-added tax. There are no delivery and shipping costs.

4.7. Payment is made via Apple Pay, Google Pay, Firebase or a similar provider.

4.8. Cancellation policy and sample cancellation form Right of revocation

Right of revocation

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.

To exercise your right of revocation, you must inform us (Palacios Communications GmbH, Rosenweg 25B, CH – 3007 Bern, Switzerland, info@palacios-communications.ch, +41 (0) 31 371 54 02) by means of a clear declaration (e.g. a letter sent by post or an email) of your decision to revoke the contract. You can use the attached sample revocation form for this purpose, but this is not mandatory.

To comply with the revocation period, it is sufficient for you to send the notice of exercise of the right of revocation before the expiry of the revocation period.

Consequences of revocation

If you revoke this contract, we have to repay you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.

Sample revocation form

If you want to revoke the contract, please fill out this form and send it back.

To

Palacios Communications GmbH
Rosenweg 25B, CH – 3007 Bern, Switzerland
info@palacios-communications.ch

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 for notification on paper):

______________________________________

Date: ___________________

(*) Delete as applicable.

5. Services and Obligations

5.1. PALACIOS strives to make the program available to the user without disruptions. However, maintenance work and/or further development and/or other disruptions (e.g., from data suppliers or other service providers) may limit or temporarily interrupt the usage possibilities.

5.2. The scope of services of the program does not include the internet usage required for it. The user is responsible for the internet access, the technical prerequisites, and the configuration and performance of the device for the use of the program and the timeliness of the required software, all at their own expense.

5.3. The user is obliged to comply with these terms of use when using the program. In particular, the user may not - use the services and/or the content and/or the app in violation of applicable law or for purposes that are incompatible with applicable law; - copy the app for purposes other than to run the app on their mobile phone; except for the creation of a backup copy, which is used exclusively as a backup and stored by you at a secure location inaccessible to third parties; - rent or sell the app to third parties, grant sub-licenses to the app, or otherwise make the features or services or content of the app accessible to third parties; - subject the app to reverse engineering, decompile, modify, or create derivative works from the app; the user's rights under § 69d para. 3 UrhG and § 69e UrhG remain unaffected by this; - bypass, disable, or otherwise impair security precautions of the program that are intended to prevent or restrict unauthorized use or duplication of content of the app; - attempt to access the program in any way other than using the app; - attempt to test the app for potential vulnerabilities and thereby violate, impair, or bypass security or authentication precautions for the protection of the program; - automatically read out the data of the app and build up own search systems, services, and directories with the help of the content retrievable via the app; - upload software, scripts, files, and other mechanisms/techniques that are suitable for spying on, attacking, paralyzing, or otherwise impairing the app or the users.

5.4. PALACIOS reserves the right to provide software updates (updates) from time to time, without being obliged to do so.

 

6. Use of the App and Additional Content

6.1. The contract for the use of the app begins with the start of the app and the acceptance of these terms of use in the manner described in paragraph 3 of these terms of use.

6.2. The paid subscription begins when the user can first access the additional content included in the paid subscription in accordance with paragraph 4.5 of these terms of use.

6.3. The paid subscription has a minimum term of one month. After the expiry of the minimum term, the subscription is extended indefinitely.

6.4. The price for the paid subscription is debited at the beginning of each monthly billing period.

7. Termination of the Contract for the Use of the App and Termination of the Paid Subscription

7.1. The user can at any time unilaterally restrict or prevent the use of the app by making restrictive settings on their device or uninstalling the app. The user has the option at any time to terminate the contract for the use of the app without giving reasons. The termination can be declared by email to info@palacioscommunications.ch or letter to PALACIOS or by deleting the App.

7.2. Users can cancel the paid subscription at any time at the end of the respective monthly billing period. Termination of the contract for the use of the app according to clause 7.2 does not result in the cancellation of the paid subscription. The cancellation of the paid subscription must be expressly declared by e-mail to info@palacios-communications.ch or by letter to PALACIOS.

7.3. PALACIOS is entitled to terminate the contract for the use of the app and/or the paid subscription with a notice period of two weeks. The right to extraordinary termination for good cause remains unaffected if, taking into account all circumstances of the individual case and weighing the interests of PALACIOS and the user, continuation of the contractual relationship until the expiration of the statutory notice period is unreasonable.

7.4. A good cause exists in particular if the user violates these terms of use in a serious manner or has provided false information.

7.5. Regardless of a termination according to clause 7.3 of these terms of use, PALACIOS can issue a warning or temporarily or permanently block access to the program for a good cause. A good cause exists in particular if there are concrete indications that a user violates legal regulations, rights of third parties or the provisions of these terms of use or if PALACIOS has another legitimate interest, especially to protect the users from fraudulent activities. When choosing a measure, PALACIOS takes into account the legitimate interests of the affected user, in particular whether there are indications that the user was not at fault for the violation.

7.6. After a user has been permanently blocked, this user is not allowed to use the program anymore and must not register again.

7.7. PALACIOS reserves the right to discontinue the program, with a reasonable notice period or, in the case of good cause, even without such notice period, while appropriately safeguarding the interests of the users.

8. Liability

8.1. PALACIOS is liable for damages in the event of a breach of essential contractual obligations (i.e., obligations, the violation of which endangers the achievement of the purpose of the contract or the fulfillment of which enables the proper execution of the contract in the first place and on the observance of which the user can regularly rely - so-called cardinal obligations). If the violation of the cardinal obligations was only negligent and did not lead to a violation of life, body, or health, claims for damages are limited to the typical foreseeable damage.

8.2. PALACIOS is also liable - in cases of intent and gross negligence, - for the violation of life, body, or health, - under the provisions of the Product Liability Act, and - in all other cases of legally mandatory liability, each in accordance with the statutory provisions.

8.3. Otherwise, claims for damages against PALACIOS - regardless of the legal reason, especially due to the violation of contractual obligations by PALACIOS, its legal representatives, employees, or vicarious agents, from § 311a BGB or from tort - are excluded.

8.4. Insofar as the liability of PALACIOS is limited or excluded according to the above provisions, this also applies to the personal liability of the legal representatives, employees, and vicarious agents of PALACIOS.

9. Rights

9.1. PALACIOS grants the user a non-exclusive, non-transferable right to use the services and content via the app according to these terms of use. PALACIOS grants the user the non-exclusive, non-transferable right to install, store and use the app on his device according to these terms of use.

9.2. The software, the code, the methods, and systems, as well as the content are protected by copyright, competition law, and other commercial protective rights and may only be exploited by PALACIOS. The app, services, content or parts thereof may not be copied, altered, reproduced, republished, or posted, nor transferred, sold, offered for sale or resold, or used in any other way without prior written consent from PALACIOS. The creation of a backup copy in accordance with section 5.3 of these terms of use is an exception to this. Users are not entitled to use PALACIOS' trademarks, logos or other commercial protective and trademark rights, or those of the app.

9.3. The content may only be used in the form, manner, and way approved by PALACIOS. To this end, PALACIOS grants the user a simple, non-transferable right of use for these contents limited to the term of the contract, as far as this is necessary for the intended use of the app. Any further use, especially the transfer of contents to third parties, is prohibited. Reproduction, publication, or use of the offered services in electronic or other form is not permitted without explicit written permission from PALACIOS. In particular, automated querying of the content provided by PALACIOS is not allowed without explicit written permission.

10. Changes to the Contract

10.1. PALACIOS is entitled to change individual parts of the service or these terms of use, as long as these changes are minor or materially justified or are made for necessary legal or regulatory reasons ("general changes"). Changes can be materially justified for security reasons, to improve existing features of the offer or to add additional features, to keep up with progress, or to ensure the future functionality of the program.

10.2. PALACIOS is entitled to adjust the price for the paid subscription at its reasonable discretion and based on materially justified and objective criteria. As far as you live in Germany or German law applies, § 315 BGB remains unaffected. An increase in price can be considered, and a price reduction is to be made (overall: "price change"), to pass on the cost increases and/or cost savings that arise for PALACIOS, which affect the specific costs of providing the program, such as changes in law, regulatory orders, general price changes for the production of content, other general costs such as costs of external service providers, wage increases and/or changes in taxes and fees. PALACIOS will only make a price change to the extent that the costs of providing the program as a whole decrease or increase. PALACIOS will only pass on cost increases to the user if and to the extent that these are not compensated for by other cost reductions. PALACIOS will not make any price changes that affect the contractual balance between the additional content provided in the app and the price demanded for it.

10.3. PALACIOS will notify the user of changes according to section 10.1 or section 10.2 of these terms of use and the reasons for them within a reasonable period of at least 30 days before the changes come into effect in text form. Users can reject the changes or terminate the contract according to section 7.2 of these terms of use. The user's consent is deemed to have been given if the user has not rejected the changes within a period of 30 days after receiving the information about the changes. The changes then become effective from the date that PALACIOS has notified the user in text form (e.g., by email).

10.4. PALACIOS will inform the user at the beginning of the 30-day period about the approval effect in the event

 of a lack of rejection, the period applicable for rejection, and the possibility of termination.

10.5. Changes based on the explicit prior consent of the user are unaffected by the regulation in this clause 10. If a change is found to be invalid, void, or unenforceable for any reason, this does not affect the validity and enforceability of the remaining changes or conditions.

11. Privacy

Our privacy policy applies to the processing of personal data. It can be accessed at the following link: Privacy Policy

12. Final Provisions

12.1. German law applies to the exclusion of the UN Sales Law. Unaffected are the mandatory provisions of the state in which the consumer* has his/her habitual residence.

12.2. The EU Commission provides a platform for extrajudicial online dispute resolution (ODR platform), which can be accessed at https://ec.europa.eu/consumers/odr. We prefer to resolve your concerns in direct exchange with you and therefore do not participate in consumer dispute resolution procedures. Please contact us with questions and problems by email at info@palacios-communications.ch.

12.3. The ineffectiveness of one or more provisions does not affect the effectiveness of the remaining provisions. In the case of invalidity of individual provisions, a regulation that comes closest to the intended purpose economically replaces it. The same applies in the event of a regulatory gap.

12.4. A right to offset is only granted to the user if the counterclaims have been legally established or are undisputed. A right of retention is only available to the user insofar as the counterclaim is based on the same contractual relationship.

12.5. After the conclusion of the contract, PALACIOS does not store the contracts and does not make them accessible to users afterwards.

Effective: July 3, 2023

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