General Terms And Conditions
General Terms And Conditions Of Business For Using KELEYA
Keleya’s Digital Health Solution GmbH’s vision is to help expectant mothers with nutrition and exercise to make pregnancy and subsequent childbirth easier. With our digital product, the physical constitution is strengthened and mental willpower and self-confidence gets further developed.
The following General Terms and Conditions of Business set out the legal framework for using Keleya and the services that we offer. Therefore, please read these General Terms and Conditions of Business carefully.
2.1 Parties to the contract and subject matter of the contract
These General Terms and Conditions of Business form the basis of the user contract being formed between you and us, Keleya’s Digital Health Solution GmbH, Max-Beer-Straße 25, 10119 Berlin, Germany (hereinafter referred to as “us” or “we”). The subject matter of this contract is the use, free of charge or for a fee, of the services we offer under the name Keleya via our website https://keleya.de/en, other Keleya websites or via our software applications (hereinafter referred to individually as “Keleya Service” or collectively as “Keleya Services” or in general “Keleya”). If you would like to have a mobile app to use the Keleya Services, please check our website https://keleya.de/en to see if we have a mobile app for your end device and your end device’s operating system.
2.2 Terms and conditions for participating
A condition for opening a user account and using the Keleya Services is that you are at least 18 years of age and have full legal capacity.
Keleya is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Keleya for commercial purposes of any kind is expressly prohibited.
2.3 Additional terms and conditions
We reserve the right to agree to additional terms and conditions for individual Keleya Services. We will, however, notify you of this in good time prior to use.
2.4 Accessing our website
Access to our website is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our website without notice. From time to time, we may restrict access to some or all of our website. We will not be liable if for any reason our website is unavailable at any time or for any period.
If you breach these General Terms and Conditions of Business, your permission to use the website terminates immediately and you must immediately destroy any downloaded or printed extracts from the website.
2.5 You are responsible for making all arrangements necessary for you to have access to our website.
2.6 By accessing our website any person using your computer agrees to be bound by these General Terms and Conditions of Business. You are responsible for ensuring that all persons who access our website through your internet connection and on your computer are aware of these General Terms and Conditions of Business and that they comply with them. You are also responsible for the use of our website by any person using your computer.
3. Keleya’s Services and Prices
3.1 Support and Modifications
Keleya shall have no obligation to provide support or maintenance for the Service under this agreement. Keleya may, at its sole discretion, provide limited technical support for the Service.
You understand that the Service is an evolving one. As long as your license for the service is valid you are entitled to upgrades or updates of the service. All upgrades and updates are provided to you on a license exchange basis. You agree that by using an upgrade or update you voluntarily terminate your right to use any previous version. Keleya may license upgrades and updates to you with additional or different terms. You may need to update third party software and/or upgrade your equipment from time to time in order to use the Service.
3.2 Services free of charge or for a fee
The scope of the services included in Keleya and the Keleya Services and available for use by you depends on the type of Keleya Service and whether you use the Keleya Services free of charge or for a fee. If you use it free of charge you only have access to certain basic functions and information of the respective Keleya Service. An extended range of functions is available to you if you release certain content (such as the exercise “Keleya Move” or nutrition “Keleya food” program) for the respective Keleya service separately via a one-time payment or as part of a subscription.
Please note that in order to use some of the Keleya Services to the full extent, certain equipment and training tools (such as yoga mats, towels or wooden blocks) may be required. These are not part of the Keleya Services and need to be provided or purchased by you separately at your own costs.
In the case of nutritional coaching, please note that the foods suggested as part of the coaching are not part of the Keleya Services and need to be purchased by you separately at your own cost.
Please consult the price information shown in the mobile app for information on the respective current pricing and subscription models and the services that these include. All prices stated include the applicable VAT.
3.4 Disclaimer with respect to content
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“content”) is available on the web site and mobile app. Some of the content is provided by Keleya or our suppliers. While Keleya strives to keep the content that it posts on the web site and app accurate, complete, and up-to-date, Keleya cannot guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any content, whether provided by Keleya or its suppliers.
The content available via the web site and mobile application is provided with the understanding that neither Keleya nor its suppliers or users are engaged in rendering medical, counseling, legal, or other professional services or advice.
Such content is intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.
While we endeavour at all times to ensure information on our website is clear, fair and not misleading at the date of publication, we do not hold the information as impartial and it should not be viewed as wholly objective. Information on this website is based on sources that we believe to be reliable but we give no undertaking that it is accurate or complete and Keleya cannot and does not guarantee the accuracy, validity, timeliness or completeness of any information or data made available to you for any particular purpose or at all.
Any opinions are subject to change without notice and Keleya is under no obligation to report or keep information accurate.
4. Your Health
4.1 Terms and conditions with regard to your health
Use of the Keleya Services is at your own risk.
Keleya does not provide medical or health advice, our advice and suggestions are general and are designed for a woman with a low risk pregnancy, who is healthy and fit. You are responsible for getting your doctors approval before doing any exercise or taking any advice that we give.
This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures: (i) cardiovascular disease, (ii) lung or respiratory disease (including asthma), (iii), spinal and/or joint problems, (iv) neuromuscular disease, (v) surgical procedures, (vi) any other health issues.
In case of Keleya Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the coaching or guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.
The following general rules apply: Listen to what your body is telling you. Before using the Keleya Services for the first time or while using Keleya, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Keleya.
4.2 No substitute for medical advice
The content available via the web site and mobile application is provided with the understanding that neither Keleya nor its suppliers or users are engaged in rendering medical, counseling, legal, or other professional services or advice.
Such content is intended solely as a general educational aid. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. it is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and before starting any new treatment.
The services and information offered by Keleya and the Keleya Services do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor.
4.3 Training-/Dietary Methods
Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.
5. User Account
5.1 Registration process
Alternatively you can open a user account by using your Facebook or Google account. The registration process is completed, once you have entered your Facebook or Google account details and clicked the “Confirm” button.
6. Conclusion of a Contract
How the respective contract is formed depends on the method by which you register for Keleya for the first time and whether you sign up for additional fee-based services.
6.1 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 Keleya Services it is still necessary to open a cost-free user account with us.
6.2 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 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.
6.3 Correction of input errors
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.
7. Term of Validity
7.1 User contract
The user contract concluded between you and us once you register your account is valid for an indefinite period.
7.2 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.
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 Keleya Service.
8. Terms and Conditions of Payment
8.1 Collection of fees
Fees are collected when the contract is concluded for purchases of additional services through the payment of a one-off sum. The fee is collected for the relevant minimum term when the contract is concluded for the purchase of a subscription. If the subscription is renewed automatically, the fee is collected in advance at the start of the relevant renewal period. Different terms and conditions apply if the fee is collected via iTunes; in this case the fee is already collected 24 hours before the start of the respective billing period.
8.2 Payment default
We reserve the right to assert further claims for late payments.
9. Payment Methods
If you purchase Keleya 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.
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.
10. Right to Cancel
10.1 Cancellation policy
If you have entered into a contract for use of Keleya 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 cancel the contract within 14 days without stating any reasons. The cancellation period runs for 14 days from the conclusion of the contract.
To exercise your right of cancellation you must send us:
Keleya Digital-Health Solutions GmbH
Unequivocal notification (e.g. a letter sent by post, a fax or an email) of your decision to cancel the contract. You can use the attached model cancellation form for this, but you are not obliged to do so. To meet the deadline for cancellation it is sufficient to send us the notification of your wish to exercise your right of cancellation before the cancellation period expires.
10.2 Consequences of cancellation
If you cancel 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 cancellation 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 asked for the services to start during the cancellation 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 cancel this contract compared to the full scope of the services covered by the contract.
End of the cancellation policy.
10.2 Lapse of the right of cancellation
In the case of a contract for the provision of services the right of cancellation 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 cancellation 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 cancellation 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 cancellation once we had begun to perform the contract.
10.3 Model form for your cancellation
To make it as easy as possible for you to cancel and to avoid any potential queries, you can use the cancellation form below. Please make sure to inform us on the specific Keleya Service that you want to withdraw from.
If you would like to cancel the contract then please print this form out or scan it, complete it and return it to:
Keleya Digital-Health Solutions GmbH
I/we (*) hereby cancel the contract I/we (*) concluded for the purchase of the following goods (*)/the provision of the following service (*)
|Ordered/received on (*)|
|Name of the consumer(s)|
|Address of the consumer(s)|
|Signature of the consumer(s)|
(*) delete as appropriate
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 Keleya 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 Keleya Services.
Insofar as you are provided with guides or instructions in connection with the Keleya 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 Exclusions of liability
10. EXCLUSION OF LIABILITY
The material displayed on our website is provided without any guarantees, conditions or warranties as to its accuracy, originality or completeness. To the extent permitted by law, we and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity;
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our website or in connection with the use, inability to use, or results of the use of our website, any websites linked to it and any materials posted on it, including:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of profits or contracts;
(d) loss of anticipated savings;
(e) loss of data;
(f) loss of goodwill;
(g) wasted management or office time; and
(h) any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
In jurisdictions which do not allow the exclusion or limitations of certain types of liability, Keleya’s liability will be limited to the maximum extent permitted by law.
Nothing in these General Terms and Conditions of Business limits or excludes our liability for death or personal injury arising from our negligence or any other liability which cannot be excluded or limited under applicable law.
12.3 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.
12.4 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.
12.5 Liability of our employees
To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees, agents and suppliers.
12.6 Product liability
Claims under the German Product Liability Act remain unaffected by the above-mentioned liability exclusions or limitations.
13. Rights of Use over Keleya 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 Keleya 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 Keleya Services. We accept no responsibility for this content, nor do we monitor it.
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 or not it constitutes a criminal offence, it is prohibited to supply content of a pornographic, sexual, violent, racist, seditious, discriminatory, offensive and/or defamatory 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 entitled to delete or remove any content that is unlawful or that infringes the above-mentioned principles at any time. 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 18.
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. We reserve the right to assert claims for damages and other claims.
15. Viruses, hacking and other offences
You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site.
You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
16. Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link from any website that is not owned by you. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. If you wish to make any use of material on our site other than that set out above, please address your request via email to:email@example.com
17. Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Please refer to the terms and conditions for the sites we link to.
18. Ending the Contract
18.1 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.
Every subscription for a Keleya 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. 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.
18.3 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.
19. Personal Data
20. Changes to the General Terms and Conditions of Business
We reserve the right to change or modify these General Terms and Conditions of Business with future effect. 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 Keleya, 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.
21. Final Provisions
21.1 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.
21.2 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.
21.3 Language of the contract
The language of the contract is English.
21.4 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.
22. Information about the Supplier
Keleya Digital-Health Solutions GmbH
Managing Director: Victoria Engelhardt
Registered in the Commercial Register held at Charlottenburg District Court under number: HRB 213685
VAT number: DE 313403516
23. Option to save and review the contract language
These General Terms and Conditions of Business may be reviewed by you at https://keleya.de/en/terms
24. Your concerns
If you have any concerns about any material which appears on our website, please contact firstname.lastname@example.org.