Audio Resonance Therapy Services General Terms and Conditions (10/2022)
Registering as a user at https://www.audio-resonance.com (hereinafter referred to as “Audio Resonance Therapy”) entails that you accept the following Audio Resonance Therapy General Terms and Conditions (GTCs). https://www.audio-resonance.com is operated by jamXmusic GmbH & Co KG, Kieler Strasse 107, 25474 Bönningstedt, Germany and its general partner Cold Water GmbH, Krumdals Weg 15, 22587 Hamburg, and is represented by CEO Dirk Reichardt.
§1 General scope of application
1. The GTCs apply to all current business relations. The business relations described in the following are valid for all orders transmitted to Audio Resonance Therapy and for all digital content delivered to customers after ordering with Audio Resonance Therapy. Customers accept these GTCs with each order they place.
Consumers within the scope of the GTCs are natural entities that enter into a business relationship (with us) without being assigned a commercial or self-employed professional activity.
Entrepreneurs within the scope of these GTCs are natural or legal entities or legally viable partnerships that enter into a business relationship (with us) and perform business activities in a commercial or self-employed professional capacity.
Customers, also referred to as users, are both consumers and entrepreneurs within the scope of these GTCs.
Digital content within the scope of these GTCs is information that is produced and provided digitally. Digital content that is not delivered on physical data carriers includes software, music and video downloads (including streaming), e-mailed files, apps, online games or ebooks.
2. Deviating, conflicting or supplementary clauses to the GTCs will not be part of the contract, regardless of any knowledge thereof, unless their validity is expressly agreed in writing.
3. Audio Resonance Therapy provides self-produced music and sound series based on a subscription, available as an app. After a free trial period, users can subscribe to a paid monthly or/and yearly subscription, giving them unlimited access to all audio content on the app for the duration of their subscription. Audio Resonance users can leave their feedback and user comments on the app for the Audio Resonance community.
§2 Registration + Audio Resonance Therapy services in addition to digital content services
Audio Resonance Therapy also sees itself as a platform to connect above mentioned customers.
If you do not agree with the GTCs, you may not subscribe to Audio Resonance Therapy.
Anyone who has an operational email address and is at least 18 years of age is eligible to register. Customers confirm their legal age and accept these GTCs by signing up. Furthermore, Audio Resonance Therapy will explicitly deny access to users under the legal age of 18. Accordingly, random ID samples are requested confirming the users’ legal age. Users accept the right of verification by registering. Moreover, they declare their personal information to be true. As further legal notices may be sent to users by email, email addresses must be kept up to date. The registration requires that users confirm these GTCs with a click after reading them. Audio Resonance Therapy services are available for the exclusive, personal use of the user only, unless this is granted separately as part of extended app services.
Users may not grant any other persons access to their account in the sense of the scope of services rendered by Audio Resonance Therapy, unless this is granted separately as part of extended app services.
§3 User obligations
If any illegal or immoral use of the comment function in the Audio Resonance Therapy App that violates these GTCs is suspected, the users’ access may be denied without further notice. Particularly the following content is inadmissible:
– Defamation of the state, state institutions and symbols;
– Public solicitation and encouragement to commit crimes;
– Distribution of any publications glorifying violence;
– Insulting creeds and religious communities;
– Insulting or defamatory content;
– Confidential information about non-public court cases;
– Distribution of explicit content to minors;
– Unauthorized use of copyright protected works;
– Violation of personal image rights
§4 Deletion of user profiles
Audio Resonance Therapy reserves the right to block or delete illegal and/or immoral content that violates these GTCs and their associated posts without further explanation. Registrations related to the profiles deleted by Audio Resonance Therapy on account of a violation are forfeited without compensation. Audio Resonance Therapy is entitled, but not obliged, to check the content of any post and any registered image with regard to these GTCs and, if necessary, to change or delete them.
Noncompliance with any of the above rules will result in an immediate cancellation of the user’s contract. Further penalisation under criminal and civil law may follow.
Users are responsible for all content and posts that are produced and published by or through their user account. Users are obliged to inform Audio Resonance Therapy immediately if they realise that their password has been disclosed to unauthorised third parties.
§5 Deleting an account / Termination without notice / Termination
The user may terminate an existing registration with Audio Resonance Therapy at any time by emailing a withdrawal request to “firstname.lastname@example.org” at Audio Resonance Therapy. There is no additional charge and the user account will be deleted within a week. Audio Resonance Therapy has the right to delete an account if users fail to settle their monthly/annual fee of their subscription after a payment reminder.
By deleting the account, Audio Resonance Therapy is exercising its statutory right to termination without notice for good cause in accordance with § 314 BGB.
In the event of violation of the terms and conditions, in particular §2, Audio Resonance Therapy is entitled to terminate and delete the account without notice.
a) via the operator of the online marketplace through which the contract was also concluded. (Apple App Store, Google Play Store or similar). Such online subscriptions must be canceled in good time no later than 24 hours before the end of the period of use. In individual cases, different rules of the operator of the online marketplaces apply. The user must inform himself about such online cancellation periods and conditions independently and in good time.
b) via jamXmusic GmbH&Co KG by registered letter if an agreement for use has been concluded directly (e.g. for the use of the ART web app or for agreements on special ART licenses and/or volume agreements)
In case users terminate their subscription prematurely, Audio Resonance Therapy is not liable to refund any costs.
Users are responsible for the content of their posts and for all the information they provide. In particular, they guarantee the legitimacy, accuracy and timeliness of the information provided. Users are responsible for keeping their personal information confidential and for all activities carried out through their accounts. Users are liable for all damages they cause to Audio Resonance Therapy and its staff members and assistants or agents while using the provided online services. Should Audio Resonance Therapy, its staff, assistants or agents be legally prosecuted by third parties or authorities as a consequence of user activities of the online and app services, users will indemnify Audio Resonance Therapy, its staff, assistants or agents, as far as legally possible, from all claims of third parties and cover all judicial and extrajudicial costs. In particular, liability shall not be assumed for the availability, accuracy and completeness of the online services, for damages resulting from the use of access to the account by persons other than the person named in the registration as well as for illegal and immoral actions of other users.
For the services specified on Audio Resonance Therapy, Audio Resonance Therapy does not assume any liability for financial losses suffered by the user due to slight negligence of Audio Resonance Therapy. In all other cases, statutory provisions apply. Audio Resonance Therapy is in no way accountable to users if third party users transfer or store illegal content contrary to the GTCs. By registering, users accept that Audio Resonance Therapy is only liable for administrative services rendered within the scope of the portal.
For improper use or use of the content, especially in the therapeutic context of A.R.T. PRO App, e.g. if you do not use the A.R.T. Authorized Instructor, Audio Resonance Therapy shall not be liable under any circumstances.
Unless otherwise determined below, Audio Resonance Therapy, as well as the service providers for telecommunications and network services and cloud server and database services for Audio Resonance Therapy, is not liable for compensating damages (for which ever reason) resulting from the use or unavailability of Audio Resonance Therapy.
§7 Access to data by third parties
The user is aware that, despite extensive security measures and precautions, it is possible to gain unauthorized access to data being transmitted. The user is prepared to accept this risk.
The user fully indemnifies Audio Resonance Therapy from any liability and from all obligations, costs and claims resulting from damages due to defamation, slander, violation of personal rights by other members, failure of services, breach of intellectual property or other rights by members. For any other cases, statutory provisions shall apply.
§9 Data protection
The information entered by members is carefully protected and secured. In the event of data loss, however, users have the right to re-enter their data and content on the website free-of-charge.
§10 Service and availability
Audio Resonance Therapy guarantees to make the website, and thus the services provided, available to its users at a rate of 95% per month. Servicing and system maintenance downtimes within reasonable limits and any interruptions due to unavoidable causes are not included in this timeframe. Availability is defined as a ratio between actual time (AT) and target time (TT). The availability (in %) is calculated as follows: AT/TT*100. However, the operational stability of the application primarily depends on network cloud servers and database services.
Minimum technical requirements for users to stream the Audio Resonance Therapy app audio content are a working broadband Internet connection or a corresponding mobile Internet connection in standard 4G/LTE with an average bandwidth of about 2 Mbit/s.
The use of the Audio Resonance Therapy app in connection with the platform requires certain technical means necessary for access from the Internet (e.g. smartphone, computer, Internet access).
While using Audio Resonance Therapy, data transmission is encrypted but has no influence on the transmission of data on the Internet itself. Audio Resonance Therapy protects its systems from unauthorized access to stored data. The systems are protected against hacker attacks as far as possible within the bounds of what is technically feasible and economically justifiable. Audio Resonance Therapy tries to ensure access to the app and the comments feature at all times, within the bounds of what is technically and economically reasonable. Limitations may result from maintenance, for safety or capacity reasons or because of events beyond our control (e.g. failure of public communication systems or power cuts).
In case the app and the connected platform are unavailable due to force majeure, war, labour disputes, natural disasters and other inevitable and severe events, Audio Resonance Therapy is exempt from its contractual obligations for the course of the disruption and to the extent of its effect. Audio Resonance Therapy provides its services based on the current technology standards of the Internet and the corresponding technical and legal framework. Audio Resonance Therapy is under no obligation to extend the scope of its services even if technical developments make this possible.
Users are responsible for providing accurate and updated information and details.
§11 Intellectual property / Rights of use
This website contains all sorts of information that is protected by trademark and/or copyright law in favour of Audio Resonance Therapy or, in individual cases, in favour of third parties. Therefore, it is not permitted to download the website as a whole, or individual parts thereof.
Audio Resonance Therapy reserves the right to use user posts for self-promotion (e.g. on its own website or portfolio, but also outside of the app or platform) for referencing purposes.
§12 Conclusion of contract
1. Our offer is subject to change. We reserve the right to make technical changes as well as reasonable adjustments.
2. By ordering digital content, customers declare that they wish to purchase the ordered digital content or goods with a binding effect.
3. Purchase contracts are fulfilled by accepting the customers’ order.
Price labels in online stores do not represent price offers in a legal sense. Receipt and acceptance of the order can either be declared to the customer in writing or by uploading the digital content.
4. If customers order digital content electronically from third party online stores, the corresponding online store operators are responsible for forwarding the contract terms in accordance with legal requirements.
5. As soon as a customer subscribes as a user, Audio Resonance Therapy will email the GTCs in writing.
§13 Reservation of ownership
Ownership of digital content remains with Audio Resonance Therapy in any case.
Against payment of a monthly rate (subscription) we only allow the temporary use of this content.
§14 Pricing and delivery rates
The applicable prices are the prices listed on the Internet at the time the order was placed. The indicated rates of the A.R.T. mobile App are final prices, i.e. they include the current legal VAT and all other price components. Concerning the offers on the Audio Resonance Therapy website for the A.R.T. PRO App (BtoB) we list net prices, as well as the statutory VAT at the time of purchase.
§15 Terms of delivery
By downloading the digital content or upon delivery of goods, customers will receive a corresponding invoice.
Customers explicitly agree that the execution of the contract with Audio Resonance Therapy starts before the end of the withdrawal period. Customers are aware that they lose their right of withdrawal as soon as the execution of the contract begins.
§16 Consumers’ right of withdrawal:
The following right of withdrawal applies exclusively to consumers:
I. Instructions on the right of withdrawal for digital content
Right of withdrawal
You have the right to revoke this contract within two weeks without providing reasons.
The withdrawal period is two weeks from the date the contact was signed.
In order to exercise your right of withdrawal, you must notify us (https://www.audio-resonance .com., or jamXmusic GmbH & Co KG, Kieler Straße 107, 25474 Bönningstedt, Germany email@example.com) by means of a determined statement (e.g. a letter, fax or email) declaring your decision to withdraw from this contract. You may use the attached sample withdrawal form (not mandatory), or you may write your own.
In order to meet the withdrawal deadline, it is sufficient to send a declaration about your decision to revoke before the end of the withdrawal period.
Consequences of revoking
When you revoke this agreement, we shall immediately, but no later than two weeks from the date we received your withdrawal statement for this contract, reimburse all the payments you made including delivery charges (except for any additional costs incurred as a result of a different delivery method choice instead of the standard budget delivery we offer). We shall refund your money using the same means of payment you used for the original transaction, unless you expressly request otherwise; under no circumstances will you be charged for this refund.
§17 Exclusion withdrawal rights
Withdrawal rights do not apply to distance selling deals:
This applies to the delivery of custom-made goods and products that have clearly been tailored to fit personal needs or are no longer suitable for return due to their condition.
Audio and/or video recordings, software and other recorded data carriers (e.g. video or music cassettes, PC software, DVDs, CDs, CD-ROMS, HD-DVDs, BluRayDiscs, Tele-/LCD games) may be returned if the consumer has not yet damaged the seal.
§18 Payment terms
Purchases are paid in advance.
Warranties are subject to statutory provisions. We do not render any legally binding guarantees to the customer.
Audio Resonance Therapy excludes liability for damages caused by simple negligence, as long as they do not affect any essential contractual obligations, damages to life, body or health, or guarantees, or claims under the Product Liability Act. The same applies to Audio Resonance Therapy agents and assistants that violate their obligations. Should essential contractual obligations be violated in cases of simple negligence, liability is limited to damages that are predictable and associated with the contract in a typical way.
The customer is hereby informed that Audio Resonance Therapy collects, stores and processes information based on data protection laws and to the extent required for executing the contract. Information will only be disclosed if necessary, for service purposes and for fulfilling the contract. Any personal data will be deleted at the request of the customer.
§22 Final clause
This contract is solely subject to the laws of the Federal Republic of Germany. Should one part of its GTCs be invalid, the remaining parts of the contract shall not be affected. The ineffective clause shall be replaced by relevant statutory provisions.
Sample form Withdrawal
I hereby revoke the contract I signed concerning the purchase of the following items ____________________________________________________
Order dated _____________ Receipt dated __________
Consumer name(s) _______________________________
Consumer address(es) ____________________________
Consumer signature (only necessary if in paper form) Place and date
Sample form for the customers’ consent to start executing the contract, in which they acknowledge and confirm that they are aware of losing their withdrawal rights (by ticking the “checkbox”) meaning that, despite the information required for the customers’ withdrawal rights (see above), these rights expire before the certificate is downloaded:
( ) I expressly give my consent that you may begin to execute the contract before the withdrawal period expires. I am aware that, if I agree, I will lose my right to revoke the contract before the execution of the contract begins.