- These General Terms and Conditions (“GTC”) apply to the contractual relationship between Breathonomy and the subscribing user.
- The Contract
2.1 The prerequisite for the use of Breathonomy’s offer is that the User registers with Breathonomy.
2.2 The contract will become effective by Breathonomy’s confirmation of the User’s registration (“Registration”) or acceptance of the User’s order. Breathonomy can also confirm the registration or accept the User’s order by activating the respective offer. Breathonomy will confirm the order of a service package subject to cost in accordance with the legal regulations; this order confirmation does not constitute an acceptance of the order yet.
2.3 The terms of the contract will not be stored by Breathonomy for the User, without prejudice to the statutory information requirements.
2.4 The User must have unrestricted contractual capacity or must act with the agreement of his/her legal representative.
2.5 Breathonomy reserves the right to change these GTC if the User agrees to the change. The User’s agreement will be deemed given if Breathonomy has informed the User in text form of the proposed change to the GTC, at the latest six weeks before the proposed date for their taking effect, and if the User has not objected to them in text form within 6 weeks thereafter. Breathonomy undertakes to inform the User in the notice of the change of the respective changes and by means of a separate, emphasized reference to the effective approval in consequence of omitted timely objection.
- Service
3.1 Insofar as a contract has been concluded for a service package subject to cost, Breathonomy shall provide the agreed services. Where Breathonomy provides contents and/or services beyond this on a voluntary basis, this will be done without the assumption of any legal obligation to do so and Breathonomy shall be entitled to modify, expand or limit these services at any time.
3.2 Breathonomy assures a 99% availability of its online offer calculated on the calendar year. Breathonomy’s calculation leaves any outages outside of consideration, which occur because of necessary maintenance work or updates, technical failures of the internet, or for any other reasons outside of Breathonomy’s responsibility.
3.3 Breathonomy does not undertake to make data backups for the User and does not extend any assurances, guarantees, or warranties beyond the legal regulations unless agreed otherwise in the individual case.
- User’s Duties and Obligations
4.1 The User may use Breathonomy’s offer exclusively for his/her private purposes. Commercial or business use is prohibited.
4.2 The User undertakes to provide information truthfully and completely and to keep this information up to date during the term of the contract by adjusting the information or notifying Breathonomy.
4.3 Only one registration may be maintained per person.
4.4 The User is obligated to keep his/her login data secret and not to pass it on to third parties. It is prohibited to provide third parties the possibility to use the registration and/or a service package subject to cost.
4.5 The User is obligated to observe the existing copyrights and other rights on the contents of service packages subject to cost and the other contents in Breathonomy’s offer. He/she may not reproduce, disseminate or make these contents publicly accessible or remove any technical protection measures or copyright markings or rights symbols unless this is expressly permitted.
4.6 The User is obligated to make hard and software and a broadband internet connection for the retrieval of the agreed contents or services from the offer of Breathonomy available at his/her own cost.
4.7 If You are suffering from diabetes or if You are pregnant or suffer from abnormal obesity or other health conditions You may use Breathonomy’s offer for training only if a physician has confirmed to You that the training is harmless.
- Terms of Payment
5.1 All agreed compensation is understood including the statutory value-added tax. Breathonomy is entitled to transmit electronic invoices.
5.2 If payment in one complete sum for a certain period has been agreed, the total sum shall be due at the beginning of the period, unless agreed otherwise. For the rest, the agreed fees shall be due immediately, unless agreed otherwise.
5.3 Payment is permissible exclusively using the agreed payment instrument. By agreeing to the direct debit procedure, the User authorizes Breathonomy to collect payments owed by him/her from the indicated account of the User.
5.4 The User shall have a right to offset only to the extent that his/her counterclaim against Breathonomy has been found valid by final and absolute judgment or if it is uncontested or acknowledged. The user shall have a right of withholding only if and insofar as his/her counterclaim is based on the same contractual relationship.
5.5 If a user does not fulfill a due payment obligation to Breathonomy, Breathonomy will have the right to block the User’s access temporarily until the owed payment is received, after giving prior warning and without prejudice to further statutory and contractual rights. In that case, the term of the contract shall remain unaffected by the temporary block.
5.6 The User shall refund Breathonomy for the losses and required expenses (e.g. cost of return debits), which are incurred by Breathonomy due to absent or belated payment by the User or other disruptions to the payment by the User (e.g. a lack of funds on the account in breach of duty in case of a direct debit mandate) unless the User has no fault in these instances.
- Term of Contract, Automated Extension, Pausing, Termination
6.1 The contract for a service package subject to cost will be valid for the respectively agreed term.
- Liability
7.1 Breathonomy shall be liable for the User’s contractual and other claims on the merits exclusively for losses of the User which have been caused intentionally or gross negligently by Breathonomy, its legal representatives.
7.2 In cases of the above paragraph (7.1), Breathonomy shall be liable for an unlimited amount. For the rest, liability shall be limited to the predictable damage that is typical for the contract.
7.3 In cases other than the ones named in para (7.1) and (7.2), and irrespective of the next paragraph, Breathonomy’s liability is excluded regardless of the legal reason.
7.4 The aforestated liability limitations shall apply accordingly to all bodies, employees, and legal representatives of Breathonomy. They do not cause a change in the statutory burden of proof.
- Miscellaneous
8.1 If individual provisions of these GTC or the concluded contract should be or become fully or partly invalid in other respects, the remaining contract shall stay in full force and effect. The statutory provision shall replace the invalid provision.
8.2 German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall apply in relation to consumers, however, only insofar as the protection is not withdrawn that is granted by compulsory provisions of the law of the state in which the consumer maintains his/her place of habitual abode.
8.3 The place of jurisdiction agreed for all disputes arising from the contractual relationship between the User and Breathonomy is the place of Breathonomy’s registered office if the User is a merchant, a legal entity of public law, or a public-law investment fund. Irrespective thereof, Breathonomy retains the right to sue the User also at its statutory place of jurisdiction.
8.4 Breathonomy is not obligated and not willing to participate in dispute resolution procedures before a consumer mediation office.