Terms & Conditions of Use for the HypnoBox App

Thank you for using HypnoBox – The Hypnosis App (“HypnoBox”).

HypnoBox is the universal tool for everybody who wants to successfully work with self-hypnosis. Over 500 suggestion modules can be incorporated into individual sessions to suit you. The suggestion packages (“Boxes”)  contain ready-made combinations of sessions. The subscription model gives you access to all content for a specified time.

  1. Agreement with our Terms and Conditions of Use, registration

1.1. By accessing HypnoBox via the HypnoBox App or using or downloading this content or registering for the HypnoBox App, you (“Customer”) agree with:
a) these HypnoBox Terms & Conditions of Use (“Terms & Conditions of Use”),
b) the HypnoBox Privacy Statement (“Privacy Statement”).

1.2. Please read the Terms & Conditions of Use and the Privacy Statement (jointly referred to as “Agreement”) carefully. The Agreement regulates your use of the HypnoBox App and your access to HypnoBox via the HypnoBox App.

  1. Validity of the agreement

These Terms & Conditions of Use apply to use of the HypnoBox App, with which the Customer can also use HypnoBox functions via a mobile device, whether the Customer uses the HypnoBox free sessions or free suggestion modules, or individual, fee-based sessions or modules, or uses HypnoBox in the subscription model.

  1. HypnoBox subscriptions

3.1. HypnoBox Licence Agreement. If the Customer obtains the fee-based HypnoBox licence by way of rental on the basis of the Licence Agreement, the Customer can access either all (subscription version) or individual (one-off purchase of sessions or modules) functions of HypnoBox available with the HypnoBox App, during the term of the Licence Agreement, with the HypnoBox App.

3.2. Subscriptions. Every customer can take out the following subscriptions at the following prices:
Subscription (licence): Single-user licence
Minimum term: 12 months
Price per year: 59.99 EUR

3.3. Subscription conditions. Subscriptions are purchased as an in-app purchase in the HypnoBox App in accordance with the following conditions:

3.3.1. Terms of payment The terms of payment for conclusion of a subscription contract via the App are given in the relevant store (App Store for iOS devices and Play Store for Android devices). When a subscription contract is concluded via the HypnoBox App, the following terms of payment apply:
The invoice amount for the subscription is due for payment in full upon conclusion of the contract.

For example, the Customer will be charged the relevant amount (59.99 EUR) for taking out a 12-month subscription, when the subscription contract is concluded.

3.4.2. Automatic renewal. At the end of every subscription period, the contract will automatically renew for the term originally agreed, unless the Customer, who ordered the subscription using an in-app purchase, terminates the subscription 24 (twenty four) hours before expiry of the original term, at the latest. The total amount for every renewal period will be invoiced within 24 (twenty four) hours of expiry of the original term.

3.4.3. Cancelling the subscription. The Customer can cancel a subscription ordered as an in-app purchase at the end of the term of the subscription by deactivating automatic renewal in their account settings. HypnoBox will inform the Customer, via the email address that the Customer has provided or via the App’s chat, about the option of not renewing the subscription, three months at the earliest and one month at the latest before expiry of the period for declining renewal of the subscription.

3.4.4. Please note: the Customer will be referred to these conditions before confirming that they wish to take out a subscription by clicking “Next”.

3.4.5. App Store, Play Store. The latest up-to-date information can be found in the general conditions of the stores, which can be viewed by following the links below:
App Store: https://www.apple.com/legal/internet-services/itunes/us/terms.html
Play Store: https://play.google.com/intl/en-us_us/about/play-terms.html

  1. Use of HypnoBox by the Customer

4.1. Requirements for use. In order to use the HypnoBox App, the Customer requires a device that meets the relevant system and compatibility requirements for the HypnoBox App, a functioning internet connection and compatible software. These requirements can affect the ability to use the HypnoBox App and the functions of HypnoBox available via the HypnoBox App. The Customer is responsible for meeting these system requirements. The Customer must have registered in order to be able to use the available functions of HypnoBox via the HypnoBox App. Only customers who have concluded an effective and active licence agreement under the software lease conditions concerning access to and use of HypnoBox are authorised to use HypnoBox.

 

4.2. Updates. From time to time, it may be necessary to install updates for the HypnoBox App, in order to be able to continue to use, retrieve and download as intended functions of HypnoBox that can be used via the HypnoBox App. Use of the HypnoBox App requires the Customer to have agreed to receive automatically requested updates.

4.3. Unauthorised access. The Customer is required to keep their user data secure and to not pass it on to third parties.

4.4. Restricted access. Access to HypnoBox via the HypnoBox App can be restricted if this is required for security of the network, maintenance of network integrity, in particular, avoidance of serious faults in the network, software or stored data, internet operability or privacy.

4.5. Availability of HypnoBox. The availability of HypnoBox via the HypnoBox App can be interrupted, for example for maintenance, repairs, improvements or network or device failure. Some or all HypnoBox services can be stopped at any time, as can certain functions and support for certain devices and platforms. The HypnoBox App can be influenced by natural events and other acts of God.

  1. Licence

5.1. HypnoBox free modules. If the Customer agrees to the terms of the agreement, a free, non-exclusive, non-transferrable and non-sublicensable right of use will be granted in the form of a licence to access via the HypnoBox App the functions of the HypnoBox software that are available to use free of charge via the HypnoBox App.

5.2. HypnoBox. If the Customer agrees to the terms of the agreement, and pays the agreed fee for the use of HypnoBox pursuant to the Licence Agreement concluded with Kiez Hypnose Berlin Bernhard Tewes, a free, non-exclusive, non-transferrable and non-sublicensable right of use will be granted in the form of a licence to access via the HypnoBox App either all of the content of HypnoBox (subscription model) or specific content (one-off purchase of sessions/modules), and the functions that are available via the HypnoBox App. The Customer will have this right of use for the period agreed in the Licence Agreement, otherwise for as long as the rights holders have the rights to provide the HypnoBox App, the non-exclusive right to download copies of the corresponding content on the Customer’s devices, to use or stream, as far as this complies with the restrictions described in the Terms & Conditions of Use. Kiez Hypnose Berlin Bernhard Tewes and the licensors continue to hold any rights in relation to the HypnoBox App and HypnoBox and its content that are not expressly granted to the Customer.

5.3. In-app purchases. In return for payment, the Customer can acquire a subscription as per point 3.3 via the HypnoBox App, in the form of a non-exclusive licence associated with their account and for the duration of their authorisation.

5.4. Cancellation right In-app purchases for subscriptions. When they make an in-app subscription purchase, the Customer has a cancellation right as described below.
5.4.1. If the Customer wishes to cancel their order, they can do so within 14 days of receipt of the invoice, without having to provide any reasons.
5.4.2. Cancellation by the Customer. In order to cancel their order, the Customer must inform Kiez Hypnose Berlin Bernhard Tewes of their decision. In order to guarantee prompt processing, we recommend that the Customer uses the functions of the store where the Customer made the in-app purchase, if available, in order to cancel the subscription (for more information about the Apple store see: https://www.apple.com/legal/internet-services/itunes/de/terms.html).

However, the Customer also has the right to inform Kiez Hypnose Berlin Bernhard Tewes about their decision to cancel an order by using the sample cancellation form or by making a clear declaration, for example using the email address info@kiez-hypnose.de.

5.4.3. Adherence to the cancellation period. In order to adhere to the cancellation period, the Customer must send notification of cancellation of the order before expiry of the 14-day period.
5.4.4. Consequences of cancellation. Kiez Hypnose Berlin Bernhard Tewes will reimburse the Customer within 14 days of receipt of the notice of cancellation. The payment method that the Customer used for the transaction will be used for the refund, and the Customer will not be charged any fees for this.
5.4.5. Exception to the cancellation right. The Customer cannot cancel an order for digital content if delivery has begun, if the Customer has expressly agreed to this and been informed that the cancellation right will be lost as a result.
5.5.5. Sample cancellation form:

– To Kiez Hypnose Berlin Bernhard Tewes, Petersburger Platz 3, 10249 Berlin/Germany
– I hereby cancel the contract that I have concluded for: [insert order number and type of licence]
– Ordered on [insert date] / received on [insert date]
– Name of user
– Address of user
– Email address of user (optional)
– Date

5.5. Violation of the terms of the licence. If the Customer violates these Terms & Conditions of Use, their rights under this licence will end with immediate effect. In this case, Kiez Hypnose Berlin Bernhard Tewes can also terminate the Customer’s access to the HypnoBox App, without the Customer having any claim to reimbursement.

5.6. Sale, distribution or transfer to third parties. The Customer may not sell, hire out, lease, redistribute or change, publicly send, transmit or make accessible the HypnoBox App without the agreement of Kiez Hypnose Berlin Bernhard Tewes. The Customer must not sublicense, transfer or assign the rights of use to third parties.

5.7. Security function. The Customer must not circumvent, deactivate or intercept the security functions or encoding that protect the HypnoBox App and HypnoBox or restrict access in any other way, or instruct or allow third parties to do so.

5.8. Proprietary notices. The Customer is not permitted to remove proprietary or licensing information from the HypnoBox App.

  1. Payment

Non-remuneration of the HypnoBox App. Use of the HypnoBox App is free of charge for the Customer. This does not affect payment for the use of HypnoBox. Payment for the use of HypnoBox is determined in accordance with the Licence Agreement concluded between the Customer and Kiez Hypnose Berlin Bernhard Tewes, in conjunction with the conditions of software lease.

 

  1. Impairments of performance, liability

7.1. Malfunction. No liability can be accepted for loss of use of the HypnoBox App if this loss of use is minor in relation to the overall performance.

7.2. Limitation of liability. Kiez Hypnose Berlin Bernhard Tewes is only liable in respect of the Customer for any damages that result in connection with use of the HypnoBox App, whether as a result of violation of the contract or unlawful acts, in accordance with the following regulations:
7.2.1. In cases of intention or gross negligence, claims in accordance with the law on product liability, acceptance of a guarantee, and in cases of damages resulting from death, personal injury or harm to health, liability is in accordance with statutory regulations.
7.2.2. Kiez Hypnose Berlin Bernhard Tewes is only liable for damages caused by ordinary negligence if an essential contractual obligation has been violated, subject to the limitations from the previous paragraph. Liability in this case is limited to damages that could typically be foreseen. An essential contractual obligation is an obligation whose fulfilment enables performance of the contract in due form and in the compliance with which the parties to the contract can normally trust. Liability of Kiez Hypnose Berlin, Bernhard Tewes is excluded in all other cases of ordinary negligence.

7.3. Employers, representatives and agents. If liability of Kiez Hypnose Berlin, Bernhard Tewes is excluded or limited, this also applies to the personal liability of employees, representatives and agents of Kiez Hypnose Berlin Bernhard Tewes.

  1. Privacy

8.1. Collection, processing and use of data Personal data provided by the Customer, as well as data about the type and frequency of their use of the services provided by Kiez Hypnose Berlin, Bernhard Tewes is collected, processed and used by Kiez Hypnose Berlin Bernhard Tewes, if this is necessary for performing and processing the agreement, in particular for performance of customer services, and transmitted to correspondingly instructed companies for the purpose of processing of order data.

8.2. Privacy statement. Customer data is collected, processed and used on the basis of the “App Privacy Statement”.

  1. Subscription term; cancelling the subscription

9.1. The right to use HypnoBox in a subscription ends automatically as soon as the term of the Licence Agreement ends or the agreement to use the HypnoBox App is terminated by one of the parties to the agreement.

9.2. The HypnoBox App agreement in the subscription can be cancelled whenever the term of the Licence Agreement expires.

9.3. This does not affect the right to terminate the agreement without giving notice for significant reason.

9.4. Any cancellation is done via the platform of the relevant store – App Store (iOS) or Play Store (Android). The cancellation link can be found in the settings menu of the App.

  1. Concluding provisions

10.1. Applicable law. This agreement is exclusively subject to the law of the Federal Republic of Germany. The UN Convention on the sale of goods is not applicable.

10.2. Place of jurisdiction. The exclusive place of jurisdiction for all disputes resulting from and in connection with the agreement, with traders, legal persons under public law or special funds under public law resulting from contracts, is Berlin.

10.3. Customer’s terms & conditions. Kiez Hypnose Berlin Bernhard Tewes does not accept any of the Customer’s deviating or supplementary terms and conditions.

10.4. Alternative dispute resolution. Kiez Hypnose Berlin Bernhard Tewes is neither obligated nor willing to enter into dispute settlement procedures before a consumer conciliation body.

10.5. Amendments to the agreement. Kiez Hypnose Berlin Bernhard Tewes is entitled to amend the content of the agreement with the agreement of the Customer, if the agreement is reasonable for the Customer, taking into consideration their own interests. Agreement is considered to have been given if the Customer has not objected to the amendment in writing within four weeks of receipt of the notification of amendment. Kiez Hypnose Berlin Bernhard Tewes is required to draw the attention of the Customer to the consequences of not making an objection in the notification of amendment.

As of 27/03/2019