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TERMS OF SERVICE

 

 

 

 

KENKOU Terms of Service

 

Valid as of October 24th 2018

 

 

1. Object and Validity

      1. The company

        Kenkou GmbH, Torstr. 177, 10115 Berlin
        Authorized managing directors: Alexander Gorny, Matthias Puls
        E-Mail address: [email protected]
        Recorded in the Commercial Register of District Court Berlin-Charlottenburg under Commercial Register Number:

HRB 15166
VAT-ID No.: DE298969154

(hereinafter referred to as “KENKOU”) operates a platform for mobile reading (hereinafter referred to as “Platform”) on the Internet portals http://www.KENKOU.com, http://www.KENKOU.de and other websites, as well as on mobile applications (a.k.a. Apps). In this context, KENKOU provides you with features and content to help you better understand, measure, analyze, and reduce your stress through programs.

2. The use of the platform (including the apps) shall be subject to the following General Terms and Conditions (“General Terms and Conditions”) in the version valid at the time of registration or order. KENKOU does not acknowledge any different general terms and conditions belonging to you unless KENKOU agrees to their validity in writing.

3. No separate contract text is provided for the Agreement pertaining to the use of the platform. The content of the agreement between you and KENKOU is based on these General Terms and Conditions, as well as on the specific information provided as part of the registration (see Section 3) and by signing up for a paid subscription (Section 4), that will be saved by KENKOU and that is available in your user account at any time.

4.You accept the validity and applicability of these General Terms and Conditions by registering and/or purchasing a paid subscription, as the case may be.

 

2. KENKOU’s Services and Rights

      1. Kenkou provides you with features and content to help you better understand, measure, analyze, and to reduce your stress through programs.
      2. The extent of the material of the platform content and the options to use (the “License”) depend on the type of account you selected. There is a difference between a free account (see Section 3), a paid subscription (see Section 4) and a free trial (see Section 5). In terms of duration, the license is limited to the validity period of the free account / paid subscription / free trial.
      3. The rights to KENKOU’s service and the content distributed through the service are and will remain with KENKOU and /or KENKOU’s licensors. The KENKOU software applications and content are licensed to you under the terms of the user agreement. We only grant you a non-exclusive (simple), time-limited right to personal use of the KENKOU service and its contents.
      4. All KENKOU trademarks as well as our trade names, logos, domain names and other distinctive features of the KENKOU trademark are the sole property of KENKOU. The license does not give you any right to use the KENKOU trademarks, our trade names, logos, domain names or any other distinctive features of the KENKOU trademark, be it for commercial or non-commercial purposes.
      5. If you do not use a paid service, KENKOU is allowed to show you promotional information on the platform.

3. Registering with KENKOU

      1. In order to be able to user KENKOU’s services, a registration with KENKOU is required. Individuals over the age of 18 have the right to register. As a minor, you may only register with KENKOU if you are at least 14 years old and your legal representatives have provided their consent. We have the right to make the use of KENKOU services contingent on proper proof of your identity, your legal age, or your legal representative’s consent.
      2. The registration itself is free of charge (free account) and does not make you sign up for a paid subscription. By registering, you are executing an agreement with KENKOU for a limited, free use of the platform.
      3. You can use your e-mail address as well as a password of your choice to register. Alternatively, you may register using a single sign-on service (for example, Facebook login). You can register via our website or after downloading our iOS, Android or Kindle Fire apps.
      4. Any information required for registration must be complete and correct and always up-to-date. KENKOU has the right to save and process the data you provided during registration, in accordance with the provisions on Data Protection.
      5. The password used must be kept confidential. Keeping it a secret is solely and fully your responsibility. The KENKOU user account may only be used by you. Any unauthorized use of your user account, as well as any such suspicion to that effect should be communicated to KENKOU immediately.

4. Executing an Agreement for a Paid Subscription

      1. To be able to fully benefit from KENKOU’s services, additional service packages in the form of paid subscriptions (“Subscription access”) will be made available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.
      2. KENKOU’s subscriptions are ad-free, paid subscriptions that allow you to access additional content and features through our mobile and web-based applications. We currently offer the following subscription / service package:
        • The KENKOU Premium service package includes ad-free access to all of our content in both, text and audio.
      3. You will have access to the respective services as long as your subscription is valid.
      4. You submit a legally binding offer for a fee-based subscription, if you enter the information requested in the online order form and then click on the “Order with obligation to pay” button. By doing so, you submit a legally binding offer for an agreement for a paid subscription. Before submitting your order, you may change and view the data at any time.
      5. The agreement is accepted when KENKOU issues a notice of acceptance, which will be sent to you immediately by email (receipt and order confirmation). In this email, the text of the agreement (consisting of the order, terms and conditions and order confirmation) will be sent to you by KENKOU on a permanent data carrier (email) (agreement confirmation). Your subscription begins on this date. The text of the agreement is saved subject to data protection. Please read our Privacy Statement for information on the collection, use and processing of your data.
      6. You can also sign up for a paid subscription through an in-app purchase through our iOS or Android apps via an app store operator. In order to do this, you must select the desired option on the subscription screen within the app, and a pop-up will appear where you have to enter your iTunes or Google Play password. As soon as you finish, a pop-up will appear in which you have to confirm the purchase of the subscription again. At this point you can still cancel the process.

5. Trials/ Testing Phases

      1. KENKOU occasionally offers new users in particular, free subscription access for testing purposes for a certain period of time ( “Trial”). KENKOU determines, at its sole discretion, if you may participate in a trial. KENKOU may discontinue or change such free trial at any time without prior notice or notification, upon providing an important reason.
      2. You can only participate in certain trials if you enter your payment details when you sign up for the trial. In these cases, we need your consent at the beginning of the trial for the fact that your free access will switch to a paid subscription access (Section 4) after the trial ends, on the day following the end of the trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period (Section 8 (2)).
      3. If, in a situation similar to the description in Section 5 (2), you do not wish to have the subscription access and the charge associated with it, you must cancel your subscription access given to you during the trial (for example, by simply going to your KENKOU Account Settings or respective app store settings) before the end of the trial.
      4. For subscriptions made on our website (Section 4) and with a term of at least one year, we provide a 14-day money back guarantee. For subscriptions completed as in-app purchases (Section 4 (7)), we cannot control the refunds and therefore cannot guarantee a refund within 14 days.

6. Cancellation Policy

1. If you are a consumer (i.e., a person completing the legal transaction for purposes that can be predominantly attributed to neither their commercial nor their independent professional activity), you are entitled to a legal withdrawal right when executing a distance selling agreement, so in this case when signing an agreement for a fee-based subscription with KENKOU, about which KENKOU informs below, as per the requirement of the statutory model. Please note that in the case of an in-app purchase, you have the right to withdraw from the respective operator of the app store, i.e., Apple or Google. A model withdrawal form can be found in Section 6 (2).

– BEGIN CANCELLATION POLICY –

Withdrawal Right

2. You have the right to withdraw from this agreement within fourteen days without providing any reasons. The withdrawal period is fourteen days from the date the agreement was executed.

To exercise your right of withdrawal, you must notify us at

Kenkou GmbH

Torstr. 177

10115 Berlin

Germany

E-mail: [email protected]

3. by submitting a clear explanation (e.g., in a mailed letter, fax or e-mail) regarding your decision to cancel this agreement. You can use the attached model withdrawal form, which, however, is not required.

4. In order to maintain the cancellation period, all you have to do is send the notification of the right the withdrawal before the expiration of the withdrawal period.

 

5. Cancellation Consequences

If you cancel this Agreement, we must refund all payments we received from you, including delivery charges (except for the additional costs arising from choosing a different delivery method other than the low-priced standard delivery we offer) immediately and at the latest within fourteen days from the date when we received the notification of your cancellation of this Agreement. For this refund we use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you; you will not be charged any fees associated with this refund.

6. If you requested that the services start during the cancellation period, you must pay us a reasonable amount equal to the proportion of services already provided to you at the time you inform us that you are exercising your right to withdraw with respect to this Agreement, proportional to the total volume of services provided for in the agreement.

– END CANCELLATION POLICY –

According to the legal provision, KENKOU states the following about the sample cancellation form:

Sample Cancellation Form

(Please fill out this form and send it back if you wish to cancel the Agreement.)

To:

Kenkou GmbH

Alt Moabit 103

10559 Berlin

Germany

[email protected]

I hereby revoke the Agreement executed by me relating to the purchase of the following products (*)/the following service (*) provided

– Ordered on (*)/received on (*)

– Consumer name(s)

– Consumer address

Consumer signature (only if notification is on paper)

Date

(*) Cross out if it does not apply.

 

 

 

7. Reimbursement and Payment Methods, Compensation and Retention Rights

      1. The subscription for access (Section 4) is subject to a fee and must be paid at the beginning of the subscription. As payment methods, KENKOU offers credit card, Paypal and additional payment methods, if available, specified before beginning of the order process.
      2. If accessing by using a code, payment will be made by the payment method specified by you prior to the purchase of the code, such as Paypal or bank transfer.
      3. When purchasing a subscription with the KENKOU iOS or Android apps, payment is made by Apple’s or Google’s in-app purchase process.
      4. As part of your subscription, your payment obligation to KENKOU will be automatically renewed at the end of the relevant subscription term if you do not cancel your paid subscription at least 24 hours before the end of your term (Section 8 (2)).
      5. You are not entitled to any claims against KENKOU, unless your counterclaims are legally valid or undisputed. You are also entitled to offset against the claims of KENKOU, if you make complaints or counterclaims based on the same agreement.
      6. You may only exercise your right of retention if your counterclaim results from the same agreement.

8. Term and Cancellation

      1. The free usage agreement starts from the time you register according to Section 3 of these Terms of Use and runs indefinitely. You may cancel the free usage agreement at any time. To this effect, you can delete your account via our web app in the “Settings” menu item.
      2. The paid subscription access (see Section 4) will run for at least the term you originally selected and will automatically renew if it is not canceled within 24 hours of the end of that period. The subscription term will be extended according to the subscription model used so far. You can cancel as instructed below:
        • You can cancel paid subscriptions completed via our web app in the “Settings” menu item of the web app. To do this, you must log in, open the settings in the context menu and click on “Cancel subscription”.
        • A paid subscription completed in our iOS or Android apps can be cancelled in your iTunes or Google Play settings.
      3. The subscription access cancellation takes effect on the day following the last day of your current subscription period and you will be downgraded to the free subscription agreement (free account). However, once you renew a subscription again, you will be able to access your old status and reading lists. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8 (3)). All data will be deleted irrevocably.
      4. The right to blocking and cancellation for an important reason due to a good cause remains unaffected by the preceding provisions.

9. Gift Certificates and Special Offers

      1. If you have purchased a KENKOU gift certificate that will allow you to use Premium Access for the period mentioned in your email, card or paper receipt, you will also have the right to use the KENKOU platform during the respective period of time.
      2. To redeem the gift certificate, you must register with KENKOU first (see Section 3) and then activate the code indicated on the gift certificate on a dedicated page (currently: http://www.KENKOU.com/friends).
      3. Gift certificates and other codes cannot be redeemed for cash and cannot be reimbursed, exchanged or used to purchase other codes.
      4. Please note that in addition to these General Terms and Conditions, if you use a certificate or any other special offer, any additional conditions that may apply in connection with the gift certificate or offer (especially the validity period) also apply.
      5. Once the respective period expires, the subscription access ends automatically and you will be downgraded to the free account accordingly. If you want to continue to use the subscription access, you can sign up for a new subscription (Section 4) at any time. If you wish to delete your entire account, you can do so from the settings in our web apps (see Section 8 (3)). All data will be deleted irrevocably.

10. Liability

      1. KENKOU disqualifies any claims for damages coming from you. This does not apply to claims for damages arising from fatal injuries, physical injuries, health damage or from the breach of essential contractual obligations (cardinal obligations) as well as liability for other damages that are based on an intentional or grossly negligent breach of duty by KENKOU, its legal representatives or affiliates. Essential contractual obligations are those the fulfillment of which enables the proper execution of the Agreement in the first place and on the fulfillment of which you can trust.
      2. In the event of a breach of essential contractual obligations, KENKOU shall only be liable for the typical, foreseeable damages stipulated in a contract, if they were simply caused by negligence, unless it also involves claims for damages due to fatal injuries, physical injuries or damages to health.
      3. The restrictions mentioned in Section 10 (1) and 10 (2) also apply to breaches of duty by KENKOU’s affiliates and legal representatives, if claims are made directly against them.

11. Change of Terms and Conditions

      1. KENKOU reserves the right to make changes to individual clauses of the General Terms and Conditions with effect in the future, by taking into account KENKOU’s interests and provided it is reasonable for you. If no explicit consent is obtained from you to adapt the General Terms and Conditions, you will be notified by KENKOU of any changes to the terms and conditions in a timely manner (at least four weeks before the amended General Terms and Conditions enter into force). To this end, KENKOU will send you the new version of the General Terms and Conditions to the e-mail address specified by you in the registration. In this context, KENKOU will expressly point out to you the possibility and deadline for objections to the change, as well as the consequences, should you refuse to submit an objection.
      2. If you do not object to the change within six weeks after the effective date of the amended General Terms and Conditions, the amended GTC shall be deemed accepted. The deadline starts on the date you are notified by email as being the effective date of the change.
      3. If you object to the change, KENKOU has the right to terminate the User Agreement with effect from the day the amended Terms of Use enter into force and cancel your User Account, in the event that adherence to the contractual relationship under the validity of the existing General Terms and Conditions is not possible or reasonable, taking into account your interests.

12. Out-of-Court Dispute Resolution

      1. For the out-of-court resolution of consumer disputes, the European Union has set up an Online Dispute Resolution (“OS Platform”) platform that can be accessed at http://ec.europa.eu/consumers/odr. The platform serves as a point of contact for the out-of-court resolution of disputes concerning contractual obligations arising from online agreements. According to § 36 VSBG [Verbraucherstreitbeilegungsgesetz, Consumer Dispute Resolution Act], KENKOU points out that KENKOU is neither obligated nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

13. Final Provisions

    1. If any provision of these General Terms and Conditions is invalid, the remainder of the agreement remains valid. The statutory provisions shall take effect over the invalid regulations.
    2. The law of the Federal Republic of Germany shall apply, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG). The legal provisions restricting the choice of law and the applicability of mandatory regulations, in particular of the state in which the customer normally resides as a consumer, remain hereof unaffected.
    3. If no exclusive legal court of jurisdiction is given, all disputes arising out of or in connection with the contractual relationship shall be settled exclusively by the court at KENKOU’s registered office, thus Berlin, provided that you are a merchant, a legal entity under public law or a special fund under public law or have no general court of jurisdiction in Germany or another EU member state, or have moved your (residential) address to non-EU countries subject to the validity of these General Terms and Conditions.