General provisions, scope of use

S'tatics Inside GmbH, Stephansplatz 3, 20354 Hamburg, (“S'tatics Inside”) offers users the opportunity to measure, understand and train their own resilience via the statics-mind.de website and STATICS MIND app. In addition, coaching sessions can be booked, and vouchers purchased.

The following terms and conditions apply to contracts that you conclude with us as a provider (Statics Inside GmbH). Unless otherwise agreed, the inclusion of your own terms and conditions, if any, is contradicted.

A consumer within the meaning of the following provisions is any natural person who concludes a legal transaction for purposes that cannot be attributed primarily to their commercial or independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who or which, when entering a legal transaction, acts in exercise of his or its independent professional or commercial activity.

 

Use of the services

In order to use the services, the user must have a compatible and internet-capable end device and internet access. 

When using the services, the user must take into account contractual agreements with third parties, in particular their Internet access provider.

The user must create a user account. The user is obliged to always store his current e-mail address in his user account. 

The user may only use their user account themselves. The user is prohibited from allowing third parties to use his user account.

The use of STATICS MIND services is partly subject to a fee and requires either a subscription or a valid registration code (e.g. from the employer). The website will be made accessible and thus provided immediately after conclusion of the contract. 

The supplementary coaching sessions are offered against payment of a fee (subject to a charge). The User can book and use the coaching sessions via the Website and the App. 

S'tatics Inside's obligation to provide the Services ends upon termination of the contractual relationship based on these GTC.

The provision of the Services expressly does not include the obligation to provide the Services without interruption. In particular, technical maintenance, system adjustments, adaptation of security measures or other technical circumstances on the Website may result in the Services being temporarily unavailable to the User. Technical errors may impair the usability and accessibility of the services.  

The Services are provided without any other accessories, instructions, or customer service.

S'tatics Inside may occasionally carry out legally required updates to the Services. Updates will only be provided during the Provision Period as defined in Section 2.6 and Section 2.7. These updates are made to maintain the contractual conformity of the Services, including for security reasons. S'tatics Inside can automatically install updates that eliminate serious security risks. For other updates, the user can decide whether to install them. In addition, S'tatics Inside has the right to change the Services and their functions if there is a valid reason. A valid reason exists in particular if changed legal requirements or case law require this, (ii) to improve the Services themselves, their design and/or security, (iii) to adapt to a new technical environment, due to increased user numbers or changed market conditions, (iv) in the interest of the User or for the User's benefit (v) and/or if other important operational reasons require this. 

Formation of the contract

The subject of the contract is the sale of digital content, services and/or goods.

By placing the respective product on our website, we make you a binding offer to conclude a contract via the online shopping cart system under the conditions specified in the item description.

The contract is concluded via the online shopping cart system as follows:

The goods intended for purchase are selected.

After clicking on the “Checkout” or “Continue to order” button (or similar) and entering your personal data as well as the payment and shipping conditions, the order data will be displayed as an order overview.

If you use an instant payment system (e.g. PayPal (Express/Plus/Checkout), Amazon Pay, Sofort Banking, giropay) as a payment method, you will either be taken to the order overview page in our online store or redirected to the website of the provider of the instant payment system.

If you are redirected to the respective instant payment system, make the appropriate selection, or enter your data there. Finally, the order data will be displayed as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online store.

Before submitting the order, you have the option of checking the details in the order overview again, changing them (also using the “back” function of the Internet browser) or canceling the order.

By sending the order via the corresponding button (“order with obligation to pay”, “buy” / “buy now”, “pay” / “pay now” or similar), you declare legally binding acceptance of the offer, whereby the contract is concluded.

The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically ensured and that it is not prevented by SPAM filters.

Contract term / termination for subscription contracts

The subscription contract concluded between you and us has an indefinite term. The contract can be terminated by either party after expiry of the selected minimum contract term with one month's notice to the end of the month (unless otherwise specified in the respective offer).

The right to terminate without notice for good cause remains unaffected by this.

Each termination must be declared and transmitted either in text form (e.g. e-mail) or via the termination button integrated on our website (“Terminate contracts here” or similar designation).

Special agreements on offered payment methods.

Payment via Klarna

In cooperation with the payment service provider Klarna Bank AB (publ) (Sveavägen 46, 111 34 Stockholm, Sweden; “Klarna”) we offer the following payment options. Payment is made to Klarna in each case:

Invoice (“Pay Later”): The Klarna invoice terms for Germany can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_de/due_date_extension.

The Klarna billing terms for Austria can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/invoice; the terms for the option to extend the payment term can be found at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/due_date_extension.

You can find more information about Klarna and the Klarna terms of use for Austria at https://cdn.klarna.com/1.0/shared/content/legal/terms/0/de_at/user and https://www.klarna.com/at/.

Payment via “PayPal” / “PayPal Checkout”

If you select a payment method that is offered via “PayPal” / “PayPal Checkout”, the payment will be processed via the payment service provider PayPal (Europe) S.à.r.l. et Cie, S.C.A. (22-24 Boulevard Royal L-2449, Luxembourg; “PayPal”). The individual payment methods via “PayPal” are displayed to you under a correspondingly labeled button on our website and in the online ordering process. PayPal” may use other payment services for payment processing; if special payment terms apply, you will be informed of these separately. You can find more information about “PayPal” at https://www.paypal.com/de/webapps/mpp/ua/legalhub-full.

Rights and obligations of the user

The Services are made available to the User for personal and non-commercial use only. The User may only use the Services for his own private purposes or for other purposes agreed with S'tatics Inside.

The Services are a copyrighted software program. The User receives a simple, non-exclusive, non-transferable, non-sublicensable and revocable right to personal use of the Services in accordance with these GTC. The user is expressly prohibited from leasing, renting, or otherwise transferring the website or making it available to third parties for use in any other way. Unless provided for the contractually intended use in these GTC, the user is not entitled to reproduce, change, modify, adapt, translate, edit, arrange, rework, decompile, distribute, or publicly reproduce the website. The statutory rights under Sections 69d and 69e Copyright Act (German: Urhebergesetz) remain unaffected. 

Furthermore, the user is not permitted to 

make the access data, sent or used for authentication and identification accessible to third parties or pass it on to third parties;

circumvent access control systems or take other measures to use services without authorization;

to post content on the website that contains viruses, worms, Trojans or other malicious code that could jeopardize or impair the functionality of the services;

remove or obscure any copyright notices and/or notices relating to trademarks or other proprietary rights of S'tatics Inside, companies affiliated with S'tatics Inside or third parties.

S'tatics Inside vouchers

Users can purchase vouchers for themselves or for third parties to grant access to services. S'tatics Inside vouchers can only be redeemed at S'tatics Inside via the website or app. 

Each S'tatics Inside voucher can only be redeemed once. Cash payment or retroactive crediting of S'tatics Inside vouchers to bookings already made is not possible. S'tatics Inside vouchers may not be resold.

S'tatics Inside vouchers are only redeemable for three years from the date of purchase at the end of the year (i.e. on December 31st of each year).

Data protection

Details on the protection and use of the personal data provided by the user by S'tatics Inside can be found in our privacy policy.

DISCLAIMER

The App, the Services and the information on the App are provided “as is” and “as available” without warranty of any kind, either express or implied.

To the fullest extent permissible pursuant to applicable law, we disclaim all representations and warranties regarding the App and its contents, including regarding any inaccuracies or omissions in the App, warranties of merchantability, quality, fitness for a particular purpose, accuracy, availability, non-infringement, or implied warranties of course of dealing or usage of trade.

We do not warrant that the App will always be accessible, uninterrupted, timely, secure, error-free, or free of computer viruses or other invasive or harmful code, or that the App will not be affected by force majeure or other events, including inability to obtain power or telecommunications, or lack of telecommunications equipment or facilities and failure of information technology or telecommunications equipment or facilities.

While we make reasonable efforts to include accurate and up-to-date information in the App, we make no warranties or representations as to its accuracy, timeliness, or completeness.

WE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL DAMAGES, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OR INABILITY TO USE, RELIANCE ON OR DOWNLOADING OF THE APP, OR ANY DELAYS, INACCURACIES IN THE INFORMATION OR ITS TRANSMISSION, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS OR PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

The above exclusions and limitations apply only to the extent permitted by law. None of your statutory rights as a consumer, which cannot be excluded or limited, are affected.

Notwithstanding our efforts to ensure the security of our website/system, you acknowledge that all electronic data transmissions are potentially subject to interception by others. We cannot guarantee that data transmissions within the App or electronic mail sent to and from us will not be monitored or read by others.

Although we will use reasonable endeavors to ensure that the software provided in the App is suitable for download, installation and use by you, all software is provided on an “as is” basis. In particular and without limitation, we do not warrant that such software is free from viruses, is free from defects, is compatible with other software or other operating systems or is fit for any particular purpose. We accept no liability for any loss or damage caused by the downloading, installation or use of such software and the above general exclusions and limitations apply to the downloading, installation or use by you.

MEDICAL DISCLAIMER

The app provides online and mobile measurements and content for self-reflection, journaling and exercises in prevention and resilience. We are not a healthcare or medical device provider, nor should our products be considered medical advice. Only your doctor or other healthcare provider can do that. While there is third-party research showing that meditation can help with the prevention and recovery of a variety of illnesses, as well as improve some performance and relationship issues, STATICS MIND makes no claims, representations or guarantees that the app will provide any physical or therapeutic benefits.

All health information and links within the App, whether provided by STATICS MIND or on behalf of third-party providers, are provided solely for your convenience.

To the extent you participate in the content and exercises presented in the App, you represent and warrant that you are in appropriate physical and mental condition to engage in such activities and that you do not have any disability or medical condition that would make such exercise dangerous. You should consult a licensed physician before beginning or modifying any exercise program, especially if you have a prior injury, heart disease, hypertension, other chronic illness or condition. You acknowledge that STATICS MIND has informed you of the need for such consultation. 

Any advice or other materials in the App are for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. The advice and other materials we provide are intended to support, not replace, the relationship between you and your healthcare provider. We are not liable or responsible for the consequences of your having read or been informed of such advice or other materials, as you take full responsibility for your decisions and actions. To the extent permitted by law, we make no representations or warranties as to the accuracy, completeness or suitability of the advice, other materials and information published as part of the App for any purpose. 

While using this app, users acknowledge that the STATICS MIND is not a medical device and therefore we cannot make any predictions about mental health problems, mental illness, seizures etc. We are not liable or responsible for health problems and their non-resolution. 

People with existing mental health conditions should talk to their doctor before starting to use the app.

Other provisions

S'tatics Inside is entitled to amend provisions of these GTC with a notice period of at least two weeks in advance based on the following to avoid an unreasonable disadvantage for S'tatics Inside, which were not foreseeable for S'tatics Inside or the User at the time of the conclusion of the contract. S'tatics Inside is only entitled to make such changes if this is necessary (i) due to a change in applicable legislation or supreme court rulings or (ii) for clarification purposes to eliminate existing ambiguities in the GTC. The amended GTC shall take effect two weeks after receipt of the notification of the amendment.

S'tatics Inside is also entitled to amend provisions of these GTC with a notice period of at least six weeks in advance, taking into account the interests of the Users based on the following. The User will be informed of amended terms and conditions in writing or by e-mail at least six weeks before they come into effect. The changes shall be deemed approved if the customer does not object to them in writing or by e-mail. The objection must be received by S'tatics Inside within six weeks of receipt of the information on the amended terms and conditions. S'tatics Inside will make special reference to the possibility of objection, possible consequences of the objection and the significance of the six-week period in the information letter on the amended terms and conditions. If the Customer exercises his right of objection, the suggested change by S'tatics Inside shall be deemed to have been rejected. The contract will then be continued without the proposed changes. S'tatics Inside's right to terminate the contract remains unaffected. 

In addition to Section 10.1 and Section 10.2, S'tatics Inside is also entitled to amend provisions of these GTC if the User agrees to the amended version of the Web GTC. If the User does not agree, the previous version of the Web GTCs shall continue to apply. The right of S'tatics Inside to terminate the contract remains unaffected by this.

S'tatics Inside is entitled to transfer the rights and obligations arising from a contract to a third party. S'tatics Inside will inform the User of the transfer in writing; in this case, the User has an extraordinary right of termination. The termination must be received by S'tatics Inside in writing within 14 days of receipt of the transfer notification by the User.

The contractual relationships governed by these GTC and these GTC themselves are subject to the law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. 

Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The above provisions shall apply accordingly in the event that the provisions prove to be incomplete.

Right of withdrawal for consumers 

If you as a user are a consumer within the meaning of § 13 BGB (German Civil Code), the following right of withdrawal applies to you.

 

1. Cancellation instruction

 

Right of withdrawal:

You have the right to withdraw from this contract within fourteen days without giving any reason. 

 

The withdrawal period is fourteen days from the date of conclusion of the contract. 

 

To exercise the right to cancel, you must inform us (S'tatics Inside GmbH, Stephansplatz 3, 20354 Hamburg, E-Mail: info@statics-mind.de) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. 

 

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

 

Consequences of withdrawal:

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from 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 any fees for this repayment. 

 

If you have requested that the services should commence during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of withdrawal with regard to this contract compared to the total scope of the services provided for in the contract.

 

2. information on the expiry of the right of withdrawal:

 

2.1 The right of withdrawal expires in the case of the provision of free services when S'tatics Inside has provided the service in full. The right of withdrawal expires in the case of a contract for the provision of chargeable services if S'tatics Inside has provided the service in full and has only started to perform the service after the User has given his express consent.

 

2.2 The right of withdrawal also expires in the case of the free provision of digital content that is not on a physical data carrier when S'tatics Inside has begun to fulfill the contract. The right of withdrawal also expires in the case of the fee-based provision of digital content that is not on a physical data carrier if the User has expressly agreed that S'tatics Inside will begin with the fulfillment of the contract before the expiry of the withdrawal period, the User has confirmed his knowledge that his right of withdrawal expires with the beginning of the fulfillment of the contract, and S'tatics Inside has provided the User with a confirmation in accordance with § 312f BGB (German Civil Code).