GENERAL TERMS AND CONDITIONS FOR USING THE PERFECTLY HAPPY APP
These general terms and conditions (hereinafter T&C) regulate the contractual relationship of the customer with Perfectly Happy Meditation GmbH (hereinafter “Perfectly Happy”) Theresianumgasse 17/7, 1040 Vienna FN 519732 m, Handelsgericht Wien (Vienna Commercial Court) Email: email@example.com UID no. ATU 74725078
1.1 Perfectly Happy provides on its website www.pefectlyhappy.com, the Google Play Store and the Apple App Store the option to download and install the Perfectly Happy App (hereinafter the “app”) on a mobile end device. Using this app, media content can be used for meditation purposes in different ways, in particular by watching meditation clips (hereinafter “services”). These services are only accessible via the app.
1.2 These terms and conditions apply exclusively between Perfectly Happy and the customer.
2. Registration, conclusion of contract
2.1 Use of the app and the services requires an identifying registration. As such, the customer discloses personal data, which Perfectly Happy processes for the purpose of fulfilling the contract in question.
2.2 The customer gives an assurance that the data are complete, correct and up to date. If the data are no longer up to date, the customer shall inform Perfectly Happy of this and provide the current data for the designated purposes.
2.4 The contractual relationship only comes into force through an explicit confirmation electronically by Perfectly Happy or by activating the services. The customer receives a confirmation with the information referred to in § 4 para 1 FAGG no later than before the start of the service, as long as Perfectly Happy has not already provided this information to the customer on a permanent data carrier before concluding the contract. The contract confirmation may also include confirmation of the user’s consent and acknowledgement in accordance with § 18 para 1 Z 11 FAGG.
2.5 The steps for acquiring services can be found in the descriptions on the website www.web956407.codescake.net or within the app or in the respective third-party app store.
3. Use of the app and services
3.2 Downloading the app and using the services may be free of charge, ad-financed or paid for. The customer will be informed of this accordingly in advance. In particular, before concluding the contract, Perfectly Happy notifies the customer of the total costs per billing period including taxes and deductions and how the total costs are calculated. In connection with using the app or the services, additional costs of data transfer may be incurred by the network operator, which the customer is responsible for.
3.3 If any due payments are not paid on time, the customer is responsible for all the resulting expenses and damages. In addition, in the event of a delay in payment, Perfectly Happy is entitled to charge default interest at the statutory rate in each case and to block access to the app, individual or all services.
3.4 The possibility of using the app only exists within the scope of the current state of the art technology.
3.6 The customer may not change, copy, disassemble, recompile, publish, reproduce or duplicate the app (including media content). Media content may only be used within the app. The customer is only permitted to use the app, its components and content for his own purposes (commercial or industrial purposes are excluded). Third parties are excluded from this usage.
3.7 If the customer uploads content himself, for instance such as images, videos, music and tones, he gives an assurance that he is entitled to do so and does not infringe any third-party rights by uploading. The customer will indemnify and hold harmless Perfectly Happy in the event of legal violations. In addition, the customer shall not upload any content that is illegal, misleading, malicious, discriminating, pornographic, threatening, offensive, obscene, defamatory, ethically objectionable, glorifying violence, harassing, racist, hateful, xenophobic or otherwise reprehensible.
3.8 The customer undertakes to use the app as intended and when using it to refrain from doing anything that might harm or endanger Perfectly Happy and/or other customers and/or that could restrict the availability of the app and its functions for other customers. All the uploaded content must be free of viruses, worms, Trojans or other malicious malware that could jeopardise or impair the app’s and the services’ functionality. The customer shall not circumvent access control systems to billable services or take other measures to use services without authorisation.
4.1 Perfectly Happy provides support for the app on the website www.web956407.codescake.net and via email (firstname.lastname@example.org).
5.1. Liability for damage caused by the use or non-use of the app or the services or by information provided or by the use of incorrect or incomplete information, is excluded, as long as Perfectly Happy is not responsible for any wilful or grossly negligent behaviour.
5.2. Perfectly Happy does not provide any guarantee for errors, disruptions or damage that are due to improper operation.
5.3. Notwithstanding this limitation of liability, Perfectly Happy’s liability for consequential damage, lost profits, data loss and financial loss is expressly excluded.
6.1 The customer acknowledges and agrees that the app and the services are designed to be used by adults with average mental and physical resilience.
6.2 Perfectly Happy does not provide a guarantee that its services will be constantly available. Downtimes due to maintenance, software updates and based on circumstances (such as technical problems of third parties, force majeure), which are outside Perfectly Happy’s sphere of influence and therefore not Perfectly Happy’s responsibility and as a result of which the services offered are not achievable, cannot be ruled out. The customer declares that no claims will be made for compensation and/or warranty claims due to service outages.
6.3 Furthermore, Perfectly Happy reserves the right to delete or modify the app’s media content at any time.
7.1 The website www.web956407.codescake.net and the app may include links to the websites of third parties or other apps. These are not subject to the control and responsibility of Perfectly Happy. Perfectly Happy assumes no liability for linked content and external offers.
8. Duration and termination
8.2 If the contract is concluded for paid services, it is limited to when the agreed paid for contract term expires. The contract is automatically extended against payment by the respective contract term, unless the customer notifies no later than 14 days before expiry of the contract terms by email to email@example.com or if possible via the respective third-party app store’s subscription system that an automatic contract extension is not required. Perfectly Happy has a corresponding right, whereby the message must be sent to the email address last notified by the customer. The customer may also use the services in case of such a notification until the end of the respective period.
9. Data protection
9.1 Perfectly Happy processes the required personal data for the purpose of fulfilling the contract. You can find the detailed data privacy information on the website www.web956407.codescake.net/datenschutz.html
10.1 Perfectly Happy is entitled to adapt and modify the general terms and conditions, as well as change the business model and to offer any services as chargeable.
10.2 The customer will be notified of the specific changes at least six weeks in advance. The customer may announce within a further six weeks that he does not agree to the changes (objection), otherwise the changes are deemed approved. Perfectly Happy will refer to the option to object and the meaning of the six-week term in the specific message in advance. If the customer exercises his right to object, the contract will continue without the changes.
11. Third party involvement in the contract
11.1 Perfectly Happy is entitled to transfer rights and obligations wholly or only in part from this contract to third parties. Perfectly Happy will inform the customer of this accordingly.
12. Concluding provisions
12.1 The customer shall notify Perfectly Happy immediately of changes to his email address and other personal data disclosed.
12.2 These general terms and conditions are subject to applicable Austrian law with the exception of the reference norms of international private law (EVÜ, Rome I ordinance, etc.) and UN sales law.
12.3 In the event of any disputes, the local jurisdiction of the court responsible for Perfectly Happy’s registered head office (federal capital of the Republic of Austria, Vienna) is agreed.
12.4 The contract language is German.
13. The consumer’s right of withdrawal in the case of contracts concluded at a distance or outside of business premises
13.1 In the case of consumer contracts, the customer may generally withdraw from a contract concluded at a distance or outside of business premises within 14 days of concluding the contract without giving reasons. If the last day of the period falls on a Saturday, Sunday or public holiday, the period ends on the next working day. It is sufficient if he has sent the notice to withdraw within the period. The withdrawal period is 14 calendar days. With contracts for the provision of services, it begins on the day following the day the contract is concluded. To exercise the right of withdrawal, the customer is entitled to use the withdrawal form mentioned in point 13.3. although this is not mandatory. However, if a service is initiated at the customer’s request before expiry of the 14-day withdrawal period as per § 11 FAGG, the right to withdraw does not apply following legal instruction about the consequences of executing it prematurely.
13.2 The customer hereby acknowledges and agrees expressly that the first time the app is used, the provider performs the service before expiry of the withdrawal period of § 11 FAGG and therefore is associated with the loss of the right to withdraw in accordance with § 18 FAGG.