General Terms And Conditions Of Business For Using VIBOA
General Note: The following Viboa General Terms and Conditions are intended for use with our international customers for which we do not provide localized terms and conditions. Please refer here: www.viboa.app/terms to check whether localized Viboas General Terms and Conditions exist which will apply to you if you have your place of residence in one of those countries.
Effective date: 22/01/20221. Introduction
The following General Terms and Conditions of Business set out the legal framework for using Viboa and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.
2. Scope
2.1 Parties to the contract and subject matter of the contract
2.2 Terms and conditions for participating
A condition for opening a user account and using the Viboa Services is that you are at least 16 years of age and have full legal capacity.
2.3 Additional terms and conditions
3. Viboa' Services and Prices
3.1 Services free of charge or for a fee
3.1 Services free of charge or for a fee
4. User Account
4.1 Registration process
In order to use the Viboa Services you must first register and open a user account to use Viboa. It is sufficient to open only one user account, even if you wish to use several Viboa Services (for example different Apps). You can open a user account either directly online at www.viboa.app or via one of our mobile apps. You may not use domain names or web URLs in your user name without the prior written approval of Viboa. We will ask you to accept these General Terms and Conditions of Business and our privacy policy during the registration process. After you register, for security reasons we will first send you an email in which we ask you to verify the registration by clicking on the "Confirm account" field. After you have clicked on this field you will be redirected to a website where we will finally confirm your registration. Only then will the registration process be complete.
You also have the option of signing in with your Facebook, Google, or Apple accounts. In this case, the sign-in process is completed when you have entered the account information for your corresponding account and clicked "Confirm".
5. Conclusion of a Contract
How the respective contract is formed depends on the method by which you register for Viboa for the first time and whether you sign up for additional fee-based services.
5.1 Online registration on the website www.viboa.app
When registering on our website www.viboa.app, the user contract between you and us is formed after the registration process is fully completed.
5.2 Registration via mobile apps
When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, Sony etc.). The contract is generally formed when you click on the "Install" field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Viboa Services it is still necessary to open a cost-free user account with us.
5.3 Conclusion of a contract for one off additional services for a fee or for subscriptions
You can purchase individual additional services either by paying a one-off fee or as part of a subscription. If you purchase the respective additional service via the website www.viboa.app the contract is formed when you click on the field "Buy now", or a similar field, and successfully enter your payment details. If you purchase the additional service via your mobile app, the contract is formed when you click on the field "Buy now", or a similar field, as part of an in-app purchase and, where necessary, enter your password for the app store in question.
5.4 Correction of input errors
If you would like to purchase a one-off additional service or a subscription on our website www.viboa.app, you can interrupt the process at any time and correct any errors until you have successfully entered your payment details.
If you would like to purchase a one-off additional service or a subscription via our mobile app as part of an in-app purchase, we will not ask you for any further billing or payment details because you will purchase the service via your account with your app-store supplier. Please contact the relevant app-store supplier if you would like to correct any input errors.
5.5 Contract modifications
A. When you terminate your original Viboa subscription, you will be given as credit the purchase price already paid for the remaining term of this subscription proportionate to the purchase price of the updated subscription. This means that you will only be charged once for the difference between the two amounts for the updated subscription.
B. If you have terminated your original subscription through Apple, Apple will provide you with a pro rata refund of the purchase price you already paid for the remainder of this subscription. You will receive your updated subscription at the price shown to you respectively, which is calculated in full by Apple.
C. If you subscribed through the Google Play Store: When you choose to upgrade your Coach subscription, your original subscription ends immediately. Google Play Store will apply any unused value from your original subscription to your updated subscription. Once that credit is used up, Google Play Store will automatically renew your subscription at the price and payment interval you selected.
6. Term of Validity
6.1 User contract
The user contract concluded between you and us once you register your account is valid for an indefinite period.
6.2 One-off additional services
One-off additional services may be offered for a fixed term. They will then end automatically at the end of the term without needing to be cancelled.
6.3 Subscriptions
Our subscriptions are offered with varying minimum terms of validity and are automatically renewed for the same minimum term that has been selected until you or we cancel them.
In order to avoid any misunderstanding, please note that the term of a subscription is determined by calendar and is independent from your use or extent of your use of the respective VIboa Service.
7. Terms and Conditions of Payment
7.1 Collection of fees
7.2 Payment default
We reserve the right to assert further claims for late payments.
8. Payment Methods
If you purchase Viboa services for a fee via in-app purchases, the respective app-store supplier will bill you. Please consult this supplier to find out what payment methods are available.
If we incur costs and/or expenses because a payment is declined and this is your fault (e.g. because there are insufficient funds in the account or the credit card limit has already been exhausted), then we are entitled to bill you for the actual costs and/or expenses incurred.
If you incur fees when using a payment method, we will inform you of this during the purchase process. Payment providers may, at their discretion, offer you the option to pay in installments for a fee. This fee will be charged directly by the respective payment provider and is therefore payable directly to them. The terms and conditions of the respective payment provider apply. Please note that if you cancel your order, we will not be able to refund these fees.
Where there is a legitimate reason, we reserve the right for each purchase to refrain from offering certain payment methods and to specify alternative payment methods.
9. Right of Withdrawal
9.1 Withdrawal policy
If you have entered into a contract for use of Viboa or purchased a one-off additional service or a subscription, in each case, you are entitled to the following right of withdrawal.
You have the right to withdraw the contract within 14 days without stating any reasons. The withdrawal period runs for 14 days from the conclusion of the contract.
To exercise your right of withdrawal you must send us:
unequivocal notification (e.g. a letter sent by post, a fax or an email) of your decision to withdraw the contract. You can use the attached model withdrawal form for this, but you are not obliged to do so. You can also complete the model withdrawal form (Refund request), or make a separate unequivocal withdrawal request and submit it electronically. If you use this option, we will send you immediate (e.g. via email) acknowledgement of the receipt of such withdrawal. To meet the deadline for withdrawal it is sufficient to send us the notification of your wish to exercise your right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw the contract we are obliged to refund all the payments that we have received from you, including the delivery costs (except for any additional costs incurred as a result of your choosing a different delivery method to the least expensive standard delivery method that we offer), promptly and at the latest within 14 days from the day on which we received the notification of your withdrawal of the contract. For this refund we will use the same payment method that you used for the original transaction unless a different arrangement has been expressly agreed with you; under no circumstances will you be charged any fees in respect of this refund. If you incur fees when using a payment method (e.g., purchase on installments), which are charged directly by the respective payment method provider and must be paid to them accordingly, we cannot refund these fees if you cancel your order.
If you asked for the services to start during the withdrawal period you must pay us an appropriate amount, equal to the proportion of the services that have already been provided by the time you inform us that you are exercising your right to withdraw this contract compared to the full scope of the services covered by the contract.
End of the withdrawal policy
9.2 Lapse of the right of withdrawal
In the case of a contract for the provision of services the right of withdrawal lapses if we have provided the service in full and only began to perform the service after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal if we had completely fulfilled the contract.
In the case of a contract for the delivery of digital content that is not stored on a physical data carrier the right of withdrawal also lapses if we have begun to perform the contract after you gave your express approval and simultaneously confirmed that you were aware that you would lose your right of withdrawal once we had begun to perform the contract.
10 Special deals and promotions
Viboa is always offering different deals, sales and promotions such as reward programs. Viboa users can stay informed of these deals via our newsletter. The sales are not a fixed component of the Viboa product range and are normally only offered for a limited time. There are separate conditions for these deals which are provided for purposes of information and participation.
11. Liability for Defects
11.1 Statutory Provisions
Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.
11.2 Disclaimer of guarantees
We do not make any representations or guarantees that the use of the Viboa Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Viboa Services.
12. Liability
12.1 General
Insofar as you are provided with guides or instructions in connection with the Viboa Services it is imperative that you follow them. Otherwise you risk being injured and your general health.
Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.
You need to observe and respect our health safety notices in clause 4.
12.2 Liability for services provided free of charge
For services provided free of charge, we will be liable, regardless of the legal basis, exclusively for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature. Our liability is not limited for wilful misconduct. In the event of gross negligence or the absence of a guaranteed feature our liability is limited to reasonable, foreseeable damage. Otherwise, our liability is excluded.
12.3 Liability for services provided for a fee
In the case of services provided for a fee we have, regardless of the legal basis, unlimited liability in principle for damage due to wilful conduct or gross negligence or the absence of a guaranteed feature.
If we breach a material contractual obligation as a result of slight negligence, our liability is limited to reasonable, foreseeable damage. A material contractual obligation is any obligation that is necessary to fulfil the purpose of the contract, and on the fulfilment of which you as the consumer can rely or ought to be able to rely.
Our liability in the event of any injury to life, limb or health that is our fault remains unaffected by the above-mentioned limitations.
Otherwise, our liability is excluded.
12.4 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.
12.5 Product liability
Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.
13. Rights of Use over VIBOA Content
Depending on which services have been enabled for you, or which services you have purchased, the services we offer contain content which is protected by copyright or otherwise and we hold the respective rights. We grant you a non-exclusive and non-transferable right to use this content in a non-commercial form within the scope of the contractual provisions. Purely for the avoidance of doubt we draw your attention to the fact that in particular distributing our content or making it publicly available, e.g. on websites other than Viboa websites, is not permitted. The right of use will lapse when your access to the respective service is no longer enabled (e.g. after you have cancelled your subscription) or when your user contract ends.
14. Responsibility for User-Generated Content
14.1 Disclaimer of responsibility for third party content
You are solely responsible for content that you post within the Viboa Services. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.
14.2 Compliance with statutory provisions
When supplying your own content you are obliged to comply with all the applicable laws and other legislation of the Federal Republic of Germany. Regardless of whether this constitutes a criminal act, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, instigating, discriminatory, explicit, insulting and/or libelous in nature.
In addition you are also obliged to refrain from infringing any third-party rights. This applies in particular to personality rights of third parties as well as to third-party intellectual property rights (such as, for example, copyrights and trademark rights). In particular you must also hold the necessary rights over your profile picture or any other picture you post.
We are hereby authorized to delete or remove content that is illegal or that conflicts with the previously stated guideline, at any time and without forewarning. If you infringe the above-mentioned principles we are entitled to give you a warning or to temporarily block your user account or to cancel the user contract for good cause in accordance with clause 15.3.
14.3 Indemnification
If you infringe the principles mentioned in clause 14.2 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.
15. Ending the Contract
15.1 User contract
You have the right to cancel your user account at any time, without stating any reasons, thereby also ending your user contract. To do this you simply have to select the necessary settings in your profile. Please note that after you have cancelled your user account we will or may delete all the content and training results that you added, and you will no longer have access to content that you already purchased. If at the time of deleting your account you still have a current subscription or have booked an additional service that has not yet expired, any sum that you have already paid will not be refunded, not even on a pro rata basis.
We are entitled to cancel the user contract without stating any reasons by giving two (2) weeks' written notice, but no earlier than at the end of the minimum contractual term or at the end of the respective renewal period of your subscription and/or at the end of the term of any additional service for which you have paid a one-off fee.
15.2 Subscription
Every subscription for a viboa Service must be cancelled individually. You can cancel the respective subscription without stating any reasons at any time effective at the end of the minimum contractual term or at the end of the respective renewal period. You can cancel any subscriptions purchased via our website www.viboa.app by selecting the appropriate setting in your user profile. Alternatively, you may also cancel your subscription by email, sent to the address support@viboa.app, or by post. Subscriptions purchased via in-app purchase must be cancelled using the settings in the respective app store. If your subscription fee is collected via iTunes, contrary to the provisions above a notice period of 24 hours before the end of the minimum contractual term or before the end of the respective renewal period applies for technical reasons. Your user account and any other subscriptions will continue to exist after you have cancelled your subscription.
We are entitled to cancel your subscription with effect from the end of the minimum contractual term or with effect from the end of the respective renewal period by giving two (2) weeks' written notice.
15.3 Cancellation for good cause
The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations.
16. Personal Data
We process your personal data in accordance with our privacy policy; you can always retrieve the current version of these at www.viboa.app/privacy. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.
In your profile settings, you can configure who can see your information such as your user profile etc. (Privacy Settings).
Privacy consent
I hereby agree that, upon beginning my Viboa journey and provided that I make no changes to my privacy settings, all Viboa users will be able to view my profile etc., without special permission. This makes it easier to follow me and/or support me during my journey with comments and motivation. If I do not want this anymore, I can set my privacy settings to private at any time, which only allows select visionaries to access the previously specified information.
17 Online dispute resolution
The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/
Consumer information: Non-participation in dispute resolution proceedings.
We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.
18. Changes to the General Terms and Conditions of Business
We hereby reserve the right to modify and adjust the general terms of business with future effect if this is required by the legal, regulatory, or technical environment, and if these changes are reasonable and take your interests into consideration. We will advise you of the changes by email no later than two (2) weeks before the new version of the General Terms and Conditions of Business is scheduled to enter into force. If you do not object to the validity of the new General Terms and Conditions of Business within such period and continue to use Viboa, then the new General Terms and Conditions of Business will be deemed to have been accepted. In the event that you do object, we expressly reserve our rights of ordinary cancellation. We will also advise you again separately of your right to object, the deadline to do so and the legal consequences of your objection or failure to object.
19. Final Provisions
19.1 Applicable law
The relationship between the parties is governed exclusively by German law under exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.
19.2 Place of jurisdiction
If you do not have a place of general jurisdiction in Germany or in another EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these General Terms and Conditions of Business have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.
19.3 Language of the contract
The language of the contract is English.
19.4 Severability clause
Should any individual provisions of these General Terms and Conditions of Business be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.
