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.
1.4. 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.
2.4. 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
3.2. 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.
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, email@example.com, +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.
Palacios Communications GmbH
Rosenweg 25B, CH – 3007 Bern, Switzerland
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):
(*) 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.
5.4. 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
6.3. 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 firstname.lastname@example.org 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 email@example.com 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.
7.6. 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.
8.1. 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.
9.3. 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
10.2. 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.
10.4. 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.
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 firstname.lastname@example.org.
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