General terms & conditions
1. General provisions, scope of use
1.1 SISTA, www.SISTA.app and, in the future, the SISTA app (hereinafter "SISTA") refers to the services provided by SISTA GmbH, Moorweg 11, 19258 Nieklitz. Further information can be found in the imprint.
1.2 SISTA offers users various applications ("Services") to familiarize themselves with your cycle, the phases of the moon, and the practice of relaxation and meditation. The Services can be free of charge or chargeable. The chargeability of a service is explicitly stated. By actively confirming or registering as a user with SISTA, you accept these General Terms and Conditions (GTC) for the use of SISTA.
1.3 A service can generally be used on all end devices or platforms supported by SISTA. Restrictions, in particular those due to technical reasons, can be found in the respective presentation of the offer. If the User accesses the services via the app and has downloaded the app from the app store of a third party, the respective terms and conditions of business or use of the app store apply in addition; in the event of contradictions, these GTC take precedence. When downloading and using the app, especially in third party networks or abroad, the User may incur transmission costs from her Internet access provider.
1.4 Individual SISTA services may be dependent on registration or a fee. The user warrants that all data submitted in connection with registration are true and complete. The contractual relationship between the user and SISTA is not established until the services are activated.
1.5 SISTA provides an overview of the available fee-based services, their scope of services, terms and fees. The fee payable for the use of a chargeable service can be found in the respective offer description, which also includes the scope of services and any restrictions. Payment of the fee only entitles the user to access the services that are visible or available in the offer presentation.
2. Paid Services
2.1 The individual steps of the purchase of chargeable services can be found in the descriptions within the app or in the app store of the third party. An order placed by the User, in particular via the order button, does not constitute a contract; rather, the User submits an offer. After the order has been placed, its receipt will be confirmed to the user electronically without delay, whereby the order is accepted. The contractual relationship between the user and SISTA does not come into existence until the order is accepted. Acceptance may also be implied, in particular by activation of the chargeable services.
2.3 The provider of the respective app store may influence the available chargeable services or their duration or extension. Depending on the respective app store, chargeable services may expire at the end of the agreed term without requiring termination or the respective contract term may be extended by a corresponding period or indefinitely. Details can be found in the respective offer presentation or the app store's terms and conditions. In some cases, the app stores also offer options for terminating paid services, for example via a menu item in the app store.
2.4 If fees cannot be collected, the User shall bear all costs incurred as a result, insofar as the User is responsible for the event causing the costs. If the user fails to pay fees or if payments made are charged back, SISTA is entitled to block access to individual or all SISTA services.
2.5 SISTA may offer users paid services free of charge for a certain period of time. SISTA has the sole discretion to determine which user may participate in a trial offer. SISTA may terminate the provision of a trial offer or change the scope of the trial offer at any time. SISTA may require the user to provide payment information at the beginning of the trial offer. After the end of the test offer, SISTA may charge the user for the subsequent continued use of the respective service. The user will be informed of this within the scope of the offer presentation and must agree to this. The user is free to cancel the test offer up to 24 hours before the end of the test period. Otherwise, the trial offer will be converted into a paid service.
2.6 SISTA reserves the right to change its business model at any time and, for example, to provide certain or all services only for a fee. SISTA will publish the respective fees. The user is free to decide whether to continue using the services for a fee or to terminate the use of the services.
3. Right of withdrawal for consumers
If users are consumers in the sense of § 13 BGB, the following right of withdrawal applies to you.
3.1 Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract. To exercise your right of withdrawal, you must send us (SISTA GmbH, Moorweg 11, 19258 Nieklitz, 0151-1457 04 65, e-mail: email@example.com by means of a clear declaration (e.g. a letter or e-mail sent by post) about your decision to revoke this contract. You can use the attached sample withdrawal form, which is not mandatory. To comply with the withdrawal period, it is sufficient that you send us the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation: If you revoke this contract, we must refund all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your revocation of 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 for this repayment. The right of withdrawal shall expire in the case of a contract for the provision of services if the Entrepreneur has provided the service in full and has only begun to perform the service after the Consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the Entrepreneur.
3.2 Model cancellation form
(If you wish to cancel the contract, please complete and return this form).
I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/ the provision of the following service ()
Ordered on ()/received on ()
Name of the consumer(s) Address of the consumer(s)
Signature of the consumer(s) (only in case of paper communication)
(*) Delete where not applicable
4. Rights and obligations of the user
4.1 SISTA and the services available through it are provided to the user only for personal and non-commercial use. Transferring the user account to third parties is not permitted. The User may only use SISTA for her own private purposes or for other purposes agreed upon with SISTA.
4.2 The app is a software program protected by copyright. The User is granted a simple, non-exclusive, non-transferable and revocable right for personal use. The User is not entitled to decompile, modify or edit the App beyond the extent provided by law. The User is also prohibited from leasing, renting or otherwise transferring the App and/or its contents.
4.3 Furthermore, the User is not permitted to,
4.3.1 to use chargeable services simultaneously on several end devices, unless such use is expressly permitted within the scope of the respective offer presentation;
4.3.2 to enable third parties to access or use the services, e.g. an undefined group of people by using the services in public areas (such as cinemas, theaters, exhibitions, show rooms, hotels, bars, restaurants or other public spaces);
4.3.3 to make accessible to third parties or to pass on to third parties the access data sent or used for authentication and identification;
4.3.4 to circumvent access control systems for chargeable services or to take other measures to use services without authorization;
4.3.5 post or distribute content on SISTA that is unlawful. 4.3.5 to post or distribute on SISTA any content that is unlawful, misleading, malicious, discriminatory, pornographic, threatening, abusive, obscene, defamatory, ethically objectionable, glorifies violence, harassing, unsuitable for minors, racist, hateful, xenophobic, or otherwise abhorrent and/or objectionable, or free of viruses, worms, Trojan horses, or other malicious code that may damage or impair the functionality of the App;
4.3.6 Remove or obscure any copyright notices and/or notices regarding trademarks or other proprietary rights of SISTA, SISTA's affiliates or third parties;
4.3.7 transfer or assign any rights or obligations under these Terms and Conditions to any third party.
4.4 Use of SISTA may be restricted to persons who meet certain requirements (e.g., age of majority). The user is responsible for ensuring that the services are only available to persons who meet these requirements. In particular, the User undertakes to comply with the applicable provisions on the protection of minors from content harmful to minors.
4.5 When using the app and its services, the User must take into account contractual agreements with third parties, in particular with the app store operator or its Internet access provider.
5. Data protection
6.1 SISTA draws the user's attention to the fact that any Sound Journeys presented as part of the services provided by SISTA are designed for averagely healthy users who are physically and mentally able, and that the user implements any exercises on her own responsibility. SISTA is liable only for damages incurred by the user as a result of gross negligence or intentional conduct on the part of SISTA or one of SISTA's vicarious agents. This limitation of liability does not apply to damages caused by injury to the user's life, body and/or health or with regard to the violation of obligations whose fulfillment makes the proper use of the services possible and on whose fulfillment the user may regularly rely (so-called cardinal obligations); in these cases, however, liability is - as far as possible - limited in amount to foreseeable damages typical of use. If the user suffers from one of the following indications, we advise against the use of Sound Journeys:
1) epileptic seizures or heart rhythm disorders.
3) frequent unconsciousness
The Sound Journeys should not be listened to during driving or other risky activities, as the ability to react in a meditative state is not the same.
6.2 The user agrees to indemnify SISTA or SISTA's agents against all claims by third parties asserted in connection with violations by the user of the user's obligations under these Terms and Conditions and/or the laws applicable to the user, and to pay all reasonable costs incurred by SISTA, including those for legal defense, to the extent that the user is responsible for the violations.
7. Term of the contract, termination, repayment
7.1 Insofar as the subject matter of the contract of use is free services, the contract of use may be terminated by either the User or SISTA with 14 days' notice by e-mail to community@SISTA.app or to the e-mail address provided by the User during registration.
7.2 SISTA provides fee-based services with different terms. Unless otherwise stated in the respective offer, the user contract for the respective paid service initially runs for the minimum usage period booked. Thereafter, the usage contract is extended by the duration of the minimum usage period booked, unless it is terminated by the User or by SISTA more than 24 hours before the end of the minimum usage period/extension period with effect from the end of the respective period. Even after termination, the User may continue to use the services until the end of the respective period. The termination of the paid service can be made, if the purchase was made via an app store, as described in the respective app stores in the subscription management, or by e-mail community@SISTA.app; in the case of termination by SISTA, to the e-mail address provided by the User during registration. The right to terminate for good cause remains unaffected.
7.3 Good cause for extraordinary termination of the user contract exists in particular if the continuation of the contractual relationship until the expiry of the ordinary notice period is unreasonable, taking into account all circumstances of the individual case and the interests of the user. Important reasons for SISTA include, in particular, a violation by the user of applicable law or of essential contractual obligations. A prior warning is not necessary.
7.4 In the event of termination of the user contract by SISTA or by the user, repayment of any fees paid in advance is excluded unless the user terminates for good cause for which SISTA is responsible.
8. Other provisions
8.1 SISTA endeavors to ensure trouble-free operation of the app and to keep it available as permanently as possible, but points out that complete or uninterrupted availability is not technically feasible and therefore does not guarantee trouble-free operation or specific availability. In particular, SISTA may restrict access without stating reasons - in whole or in part, and temporarily or permanently. Furthermore, there is no entitlement to the maintenance of individual functionalities of the app per se. SISTA is entitled at any time to modify, remove and make available new content, services and functionalities provided within the app or to discontinue the app altogether; this also includes the introduction of a cost obligation for all or certain services or their partial or complete discontinuation.
8.2 SISTA is entitled to amend provisions of these GTC that do not lead to or affect a material change in the contractual structure at any time and without stating reasons, provided that such amendment does not lead to a change in the contractual structure as a whole. The essential provisions of the contract structure include, in particular, provisions relating to the nature and scope of the contractually agreed services, the term and termination of the contract. Furthermore, SISTA is entitled to amend or supplement these GTC if this is necessary to eliminate difficulties in the performance of the contract with the user due to regulatory gaps that have arisen after the contract was concluded. This may be the case, for example, if case law declares one or more provisions of these GTC to be invalid or if a change in the law leads to the invalidity of one or more provisions of these GTC. The amended terms and conditions shall be sent to the Customer in writing or by e-mail at least six weeks before they come into force. The amendments shall be deemed to have been approved if the customer does not object to them in text form. The objection must be received within six weeks of receipt of the notification of the amended terms and conditions. SISTA will make special reference to the possibility of objection and the significance of the six-week period in the letter notifying the Customer of the amended terms and conditions. If the customer exercises her right to object, SISTA will be deemed to have rejected the change request. The contract will then continue without the proposed changes. The right of the contracting parties to terminate the contract remains unaffected.
8.3 SISTA is entitled to transfer the rights and obligations arising from a contract to a third party. SISTA will inform the User in writing of the transfer; the User has an extraordinary right of termination. The termination must be received by SISTA in writing within 14 days of receipt of the user's notice of transfer.
8.5 The use of the app and these GTC are subject to the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction - to the extent permissible - is Berlin.
8.6 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 invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the provisions prove to be incomplete.
Information on online dispute resolution:
The European Commission provides a platform for out-of-court online dispute resolution (ODR platform), available at https://ec.europa.eu/commission/index_en.
We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.