Terms and conditions

Introduction

Thank you for taking the time to read our terms and conditions. You - hereinafter also referred to as “user” - will find your rights and obligations for the use of our QiLABS products and services here. The male form was chosen due to the easier readability. The term "user", "trainer" and "service provider" always means users, trainers and service providers.

You will also find valuable and important information on existing data protection (§ 5) as well as our currently applicable ones Privacy Policy.
The following general terms and conditions set the legal framework for the use of QiLABS products and services.


1. Scope of application

1.1 Contract and subject of the contract
These general terms and conditions form the basis for the contract of use. For you, QiLABS GmbH (hereinafter "QiLABS" or "we") is always the contractual partner. For further information about our company please see our Imprint

Subject matter of this agreement is the use, free of charge or against payment, of QiLABS products and services that are offered via the website qilabs.world or via QiLABS software applications, in particular the app QiTIME (hereinafter referred to as "Services" or "QiLABS Services"). 

1.2 Health requirements
The use of the QiLABS services is at your own risk. The prerequisite for the use of QiLABS services is a good general health condition. If you are aware of any pre-existing conditions, we recommend that you consult a physician before you start using the QiLABS services. This applies in particular to cardiovascular diseases, spinal and joint problems or surgical interventions. In case of significant pain, shortness of breath, nausea, dizziness or general indisposition, medical advice should generally be sought before continuing to use the services. The QiLABS services and information provided do not constitute medical or medical advice. It is also not a substitute for a medical examination or treatment. 

1.3 Conditions of participation
For the registration and login to QiLABS and the use of the offered services we assume that you, if you are a consumer, are a natural person over 18 years of age with unlimited legal capacity, and if you register for a company, regardless of the legal form, you are also authorized to represent it. Furthermore, the indication of a name and e-mail address is mandatory for registration with QiLABS.

1.4 Supplementary conditions
We reserve the right to agree supplementary conditions for individual services. We will point this out to you in each case before use.


2. Registration with QiLABS

2.1 Creation of a user account
The registration at QiLABS is free of charge for you. Registration will only take place if you first accept the inclusion of these general terms and conditions and the data protection regulations in a binding manner. There is no right to registration. With the registration a contractual user relationship is established between you and QiLABS. Your user account remains valid until your cancellation or your death, which can be proven by a third party.

2.2 Registration process
To register, please choose your e-mail address and a password. The access password can be changed by you at any time and must be kept secret in any case. After successful registration you will receive a user account which contains all relevant data for the use of the platform.

Alternatively, you have the option of logging in with your Facebook, Google or Twitter account. Here the registration is completed when you have entered and confirmed the account data.

The registration of a member is only permitted once. Multiple registration under different names is expressly not permitted. Member accounts are not transferable to other persons. They may also not be used by other persons, e.g. by passing on the password.


3. Services and prices

3.1 Non-remunerated and remunerated services
The scope of the QiLABS services depends on the use of the QiLABS services free of charge and against payment. If you use QiLABS free of charge, you will only be given access to certain basic functions and information. In addition, an extended scope is available through activation via the respective price and subscriber models.  

The current price and subscriber models and their services are available on the qilabs.world website. All prices quoted are inclusive of the currently valid value added tax.

3.2 Actions and promotions
QiLABS offers various actions and promotions. These include reward programs. Users receive information via the website, newsletter and software applications. These promotions are usually limited in time and are not a fixed part of the offer. There are separate terms and conditions for this, which can be viewed and retrieved when information is provided and participation takes place.


4. Duration and termination of the contract

4.1 Termination of contract
The contractual user relationship between QiLABS and you is concluded for an indefinite period of time and can be terminated by either party by giving due notice. The termination must be received by the other party in written or text form (e.g. e-mail, fax or letter) in order to be effective.

How the respective contract is concluded depends on the way you have registered with QiLABS for the first time and whether additional services are used against payment. In the case of providers of stores (e.g. Apple, Google, etc.) the contract is usually concluded by clicking on the install button and, if necessary, by entering your password.

Individual services can be purchased by paying a one-off amount or by subscription. If the service is purchased via the qilabs.worldwebsite, the contract is concluded by clicking on the "Buy Now" or a comparable button and entering your payment information. If you purchase an additional service through an in-app purchase via an app, the contract is concluded by clicking on the "Buy Now" or a comparable button and, if necessary, by entering your password for the respective app store.

Upon termination of the user agreement QiLABS is entitled and obligated to irrevocably delete your member account.

4.2 Durations
One-off services can be offered for a fixed term. They end automatically at the end of the period without the need for a cancellation.

QiLABS subscriptions are offered with different minimum terms and are automatically renewed for the selected minimum term until a cancellation is made. 

4.3 Termination for good cause
QiLABS reserves the right to terminate the user relationship with immediate effect and to block the user account in the event of good cause, in particular in the event of violations of these General Terms and Conditions and other contractual obligations, or in the event of disruptions, abuse or damage to the reputation of this platform.

4.4 Extraordinary right of termination by transfer to third parties
QiLABS is entitled to transfer the rights and obligations arising from a contract to third parties. In this case QiLABS will inform you in writing. This gives you an extraordinary right of termination. The termination must reach us in writing within 10 days after receipt of the notification by the user.


5. Data privacy

5.1 Personal data
We collect your personal data in accordance with our privacy policy. These are available in their current version at qilabs.world . In particular, the data protection regulations regulate and explain to what extent your personal data is visible to other users and what possibilities you have to control the passing on to other users. In addition, we inform you how and where we process or have processed which personal data. With the conclusion of the user contract, you give us your express consent to this. Your legal rights regarding possible revocation possibilities remain unaffected.


6. Payment processing and payment services

6.1 Paid services via App-Stores
If you purchase QiLABS services via in-app purchases, the billing is done by the provider of the respective store. The individual steps of the purchase can be found in the descriptions in the third party App Store. If applicable, the user must have a user account with the service provider. 

6.2 Paid services via website
If you purchase our services against payment via our QiLABS website qilabs.world , we will provide a list of currently accepted payment services and options. We only provide access to the page of the respective payment service provider, but do not become a party to the payment transaction. You will receive the relevant information at the beginning of the payment process. You can start this use by clicking on the corresponding button of the payment service provider as part of the binding order process for services. This will then take you to the corresponding page of the respective payment service provider. We reserve the right to individually exclude or subsequently add certain payment options.

6.3 Other services against payment
All payment claims arising from any fee agreements and service contracts are due after completion of the purchase process and before the respective consulting service. The payment modalities can be found in the offer. 


7. Right of withdrawal for consumers

7.1 Right of cancellation
If users are consumers within the meaning of §13 BGB, the following right of revocation applies to you: You have the right to revoke this contract within fourteen days without giving reasons. The revocation period begins on the day the contract is concluded. In order to exercise your right of revocation, you must inform us of your decision to revoke this contract by means of a clear statement (e.g. a letter or e-mail sent by post). You can use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient to send the notification of the exercise of the right of revocation before the end of the revocation period. 

Certain products are only available as package/bundle. These products are indivisible services, so that a partial revocation is excluded. Here, the contract can only be revoked with regard to the entire package/bundle.

7.2 Consequences of revocation
If you revoke this Agreement, we shall reimburse you for all payments we have received from you, including delivery charges (except for additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notification of your revocation of this Agreement. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. Under no circumstances will you be charged for this refund. 

In the case of a contract for the provision of services, the right of withdrawal shall expire when the trader has fully performed the service and has not commenced performance of the service until the consumer has given his express consent and, at the same time, has confirmed his knowledge that he will lose his right of withdrawal if the trader fully performs the contract.

7.3 Sample revocation form

If you want to cancel the contract, please fill out this form and send it back:

To:
QiLABS GmbH
Lützowstrasse 61
D-10785 Berlin
E-mail: email hidden; JavaScript is required

I/we (*) hereby revoke the contract concluded by me/us (*) for

the provision of the following service:

This service was ordered on:
Name of the consumer(s):
Address of the consumer(s):
Signature of the consumer(s) (only for paper notification)
Date
(*) Delete as applicable


8. Warranty conditions

8.1 Liability
We would like to point out that the presented exercises are designed for average healthy, physically and mentally resilient users and that the user uses the exercises on his own responsibility. QiLABS is only liable for damages that the user suffers as a result of grossly negligent or intentional conduct by us or one of our vicarious agents. This limitation of liability does not apply
to damages due to intent and gross negligence, with regard to the violation of obligations which the user may regularly rely upon or the lack of a guaranteed feature.In these cases, however, liability is - as far as possible - limited to foreseeable and typical damages.

8.2 Third party claims
If the user is responsible for violations, the user agrees to indemnify QiLABS and its vicarious agents from all claims of third parties that are asserted in connection with violations of the user's obligations under the General Terms and Conditions or applicable laws and to bear all reasonable costs incurred.

8.3 Liability for defects
The statutory provisions for claims due to defective performance shall apply. QiLABS makes no guarantees that the exercise success or other results desired by the user will be achieved by using the QiLABS services. A concrete success is not owed. Exercise successes can vary greatly for the same use by different persons, as these are influenced by physical and mental conditions, for example.

8.4 Training methods
Training advice is subject to constantly developing health and sports science knowledge. We base our training tips on current studies and findings. However, we cannot guarantee that these correspond to the latest research results or findings.


10. Availability

9.1 Technical availability
The availability of the website and the software applications depends on different technical equipment of the users. The display quality of digital content may vary depending on the device and depends on the speed of the user's Internet connection and other factors. In this respect, we cannot be held liable for deviations. We make every effort to ensure trouble-free operation and to keep the website and software applications permanently available. However, we would like to point out that for technical reasons, uninterrupted availability of the digital contents cannot be guaranteed. 

9.2 Further availability
QiLABS may restrict access without giving reasons. Furthermore, there is no claim to the maintenance of individual functionalities of the website or the software applications. QiLABS is entitled to change or remove content, services and functionalities provided at any time, or to make new content available, or to discontinue the website or the software applications. This also includes the introduction of a cost obligation for individual or all services and their partial or complete discontinuation.

9.3 Warranty for defects
The user is obligated to report functional failures, malfunctions or impairments of the software directly and as concretely as possible to QiLABS. If this cooperation is omitted, no warranty rights for defects can be asserted against QiLABS (§ 536c BGB).


10. User-generated content

10.1 Responsibility for user-generated content
If the user uploads content to the website or software applications, he/she is responsible for this content. The user undertakes towards QiLABS to comply with all applicable laws and other legal provisions of the Federal Republic of Germany when providing his own content. Irrespective of whether a criminal offence is thereby committed, it is generally prohibited to provide content that is pornographic, sexual, violent, racist, inciting, discriminatory, not youth-friendly, insulting and/or defamatory in nature.

In addition, the user undertakes not to infringe the rights of third parties. This applies in particular to personal rights of third parties as well as intellectual or industrial property rights of third parties (e.g. copyrights, trademark rights etc.). In particular, the user must also be the owner of the necessary rights to the profile picture and other photos posted by him.

Furthermore, the user undertakes not to use any viruses or other programs containing malware in connection with the software. In particular, he undertakes not to use the software applications to offer illegal services or goods.

10.2 Assessments
Users can evaluate trainers and service providers on a voluntary basis at any time. The evaluation system is designed to help assess the quality and reliability of the trainers and service providers placed on the platform. Each evaluation is a subjective assessment of the user. As a matter of principle QiLABS does not check the truth content of the evaluation. The ratings must be given factually and truthfully. In addition, the user undertakes to handle the published ratings with care and to refrain from ratings that are offensive, insulting, or hurtful. In principle, QiLABS is free in its decision to publish ratings. There is no claim to publication. If ratings are untrue or offensive, QiLABS reserves the right to delete them.

10.3 Exemption
If the user violates the aforementioned principles and is at fault for this (e.g. acts negligently or intentionally), the user is obligated to indemnify QiLABS from claims of third parties based on such violation. The indemnification shall also include the costs of a reasonable defense. The user is obligated to assist in the clarification of the facts in dispute. At the same time the user is obligated to immediately provide QiLABS with all information available to him regarding the facts that are the subject of the claim in full. QiLABS reserves the right to assert claims for damages and otherclaims.

10.4 User rights
QiLABS and the services available through it are made available to the user for personal and non-commercial use only. The user receives a non-exclusive and non-transferable right to the content.

The services offered by us contain, depending on which services you have been activated for or which you have purchased, content protected by copyright or otherwise, to which we have the corresponding rights. For clarification QiLABS points out that in particular a distribution or public access to the contents by the user is not permitted. The right of use shall expire if the respective service is no longer activated (e.g. after cancellation of the subscription) or upon termination of the contract.


11. Conciliation procedure

The European Commission provides a platform for alternative dispute resolution. This gives consumers the opportunity to settle disputes in connection with their online orders out of court first. The platform can be found at this address: https://ec.europa.eu/consumers/odr/

We are not obliged to take part in consumer arbitration proceedings under the Consumer Dispute Resolution Act before a consumer arbitration board or an EU online dispute resolution service, nor do we intend to do so. You will find our e-mail address in the Imprint.


12. Amendments to the general terms and conditions

We reserve the right to unilaterally amend these General Terms and Conditions of Business - insofar as they are introduced into the contractual relationship with you - at any time, provided that this is necessary to adapt them to changed legal or technical conditions and provided that they do not unreasonably disadvantage you or are reasonable in good faith. We will inform you of any changes by e-mail two weeks before the planned entry into force of the new version of the General Terms and Conditions. The e-mail will contain the amended General Terms and Conditions of Business as well as a reference to the right of objection, the time limit for this and its consequences in the event of failure to object. If you do not object to the validity of the new General Terms and Conditions within two weeks and if the QiLABS applications continue to be used, the new General Terms and Conditions are considered accepted. Upon expiration of this period the terms and conditions will become valid for you. Terms and conditions of the previous version lose their validity after expiration of the approval period.


13. Final provisions

13.1 Applicable law
The agreement parties are subject exclusively to German law, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). In business transactions with consumers within the European Union, the law of the consumer's place of residence may also be applicable, provided that it is a matter of mandatory consumer law provisions. The contractual language is German.

13.2 Legal venue
If you are not a consumer within the meaning of § 13 BGB, the place of jurisdiction for all disputes arising from this contract including its annexes is Berlin.

13.3 Severability clause
Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.


14. Provider information

QiLABS GmbH
Lützowstr 61
D-10785 Berlin
E-mail: email hidden; JavaScript is required

Managing Director: Urte Zahn
Registered at the local court Berlin-Charlottenburg: HRB 206453B
Sales tax ID: DE323713620

Status: August 2019

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