• Impressum

    Endel Sound GmbH
    Kronberger Straße 12, 14193 Berlin

    hi@endel.io

    Geschäftsführer
    Oleg Stavitsky und Vladislav Pinskij
    Handelsregister
    HRB 193158 B
    Steuernummer
    27/277/50346

  • General terms and conditions for Endel app

    General; Scope of Application

    The following General Terms and Conditions (hereinafter also referred to as “T&C”) of Endel Sound GmbH, Kronberger Straße 12, 14193 Berlin (hereinafter also referred to as “Endel” or “we”) govern the use of the Endel App (hereinafter also referred to as “App”) and the contractual relationship between Endel on the one hand and you (hereinafter also referred to as “User”, “You”) on the other hand.

    Note that certain services offered by us may be subject to other terms and conditions. We will point out such further contractual conditions to you separately in each case. In the event of an objection, the provisions of such special contractual conditions shall take precedence over these T&C, unless expressly agreed otherwise. Please read these T&C carefully before using our App. If you do not agree to our T&C, you may not use our App.

    The application of general terms and conditions of the users or other contractual partners is excluded. Deviating, conflicting or supplementary terms and conditions of the users or other contractual partners shall only become part of the contract if and to the extent that we have expressly agreed to them.

    In addition, the provisions of the Apple App Store (“App Store”) and Google Play ("Google Play"), which the User agrees with the provider of the App Store and Google Play, shall apply.

    Endel provides the services according to these T&C only to users who are consumers within the meaning of § 13 BGB (German Civil Code).

    Subject matter of the contract and scope of services

    Description of the functionality

    The App provides personalized, adaptive sound environments to help you relax, concentrate, and sleep. At the start you will be offered a generic sound environment. You then have the option to make various entries to personalize your sound. The App reacts to inputs such as time of day, weather, heart rate and location.

    For your personalized sound environment there are currently the following modes:

    relax mode

    focus mode

    On the Go mode

    sleep mode

    Reports and highlights

    We will inform you periodically, usually once a week, about your weekly highlights when using the App and show you statistical analyses.

    Personalization

    You can grant the following authorizations for personalization:

    Location data; the App can be granted access to your location data. The App may have to use the GPS, Wifi, mobile network or sensors of your device.

    Health data; the App can be granted access to Apple Health. It uses your heart rate and your movements to personalize your sound environment. Please note that a personalized sound environment requires third-party hardware, such as an Apple Watch to measure your heart rate. The currently supported devices are displayed in the App.

    Modification of the offer

    Endel reserves the right to change or extend its offer or to discontinue certain services. The services you have already ordered are not affected by this. The current service description in the App at the time of registration or booking of a service is relevant in order to determine the respective services.

    Prices and payment

    a. Payment models

    We currently offer the following payment models for using the App:

    • Monthly subscription
    • Yearly subscription
    • Lifelong access with one-time payment

    You can find our current subscription prices here.

    b. Trial version

    Downloading and using the App is free for 7 days (trial version). During this time you can try out and use all functions of the App. After 7 days the free trial version ends.

    c. Exclusive offer

    If you decide to order a twelve-month subscription before the trial version begins, the price will be reduced ("Exclusive Offer").

    d. You pay us via App Store or Google Play. The costs for booked services are to be paid in advance and are due immediately after Endel’s acceptance of the order. The costs will only be deducted within the scope of the payment option of the App Store or Google Play.

    e. Payment for the monthly or annual subscription shall be made periodically in advance in the amount stated in each case. If you have opted for lifelong access, the payment will also be made in advance and you will receive unlimited access to the App's offers.

    Registration, formation of contract

    a. We offer our services to all natural, fully contractually capable persons (generally you must be at least 18 years old).

    b. Contracts are concluded exclusively between you and Endel. The booking of services is only effective through our express acceptance of an order placed by you. In this respect, the relevant offers made by us in the App only represent invitations to place orders which still require separate acceptance by Endel.

    c. The use of the App requires that you agree to these T&C for the entire use.

    d. To use both the free and the paid part of the App we can ask you to create an account, for which you will need to enter your email address and password.

    e. Data syncing

    If you create an account, you will have access to our data syncing feature. This means that we will connect your health data, subscription length and originating platform (iOS, Android etc.) to your account. This will enable you to enjoy your personalized ENDEL sound environment (as set out below) from several devices using different originating platforms.

    f. With the help of your account, payment will be made via App Store or Google Play payment system.

    Right of withdrawal

    If you are a consumer within the meaning of § 13 BGB (German Civil Code), you are entitled to a statutory right of withdrawal with the following provisions:

    Right of withdrawal

    You have the right to withdraw from this contract within 14 days without giving any reason.

    The withdrawal period will expire after 14 days from the day of the conclusion of the contract.

    To exercise the right of withdrawal, you must inform us

    Endel Sound GmbH,

    Kronberger Straße 12, 

    14193 Berlin,

    E-Mail: ask@endel.io

    of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You may use the attached model withdrawal form, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

    Effects of withdrawal

    If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

    If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

    Our relationship with you; obligations of the user

    You are responsible for maintaining the hardware and Internet access necessary to use our services.

    You may not engage in any unlawful activity and/or violate any Applicable law, including, but not limited to:

    Using scraping or similar techniques to compile content, use it for any other purpose, republish it, or otherwise use it without written permission from Endel;

    Use techniques or automated or other services designed to misrepresent user activity, such as using bots, botnets, scripts, Apps, plugins, extensions or other automated means to register accounts, play content, send messages, post comments or other activities;

    Record, copy, edit, remix or otherwise use the sounds and sound environment created by the App  other than listening to the sound environment as expressly set forth in these T&Cs.

    Endel’s services may only be accessed using the App provided by Endel.

    Intellectual property rights and your rights of use

    Our App and all related software, sounds, music, databases, graphics, user interfaces, designs and other content, designations, names and trademarks are protected by copyright, trademark and other intellectual property laws. In relation to you, Endel is the sole owner and beneficiary of all intellectual property rights.

    Subject to compliance with these T&C and any other Applicable provisions, Endel grants you the non-exclusive and non-transferable right to use the App and the services offered therein (the “Services”) as permitted by Endel. The right of use expires at the end of the agreed period of use and may be limited or revoked by Endel at any time with respect to the free part of the App. In particular, the user is not entitled to (i) transfer the App or his access to third parties, in particular to rent, lend, reproduce, resell or otherwise distribute or pass on; (ii) use the App or the Services to develop other services; (iii) to activate and use functionalities of the App or the Services for which he has not been granted any rights of use; (iv) to change, translate, reproduce, decompile the source code of the App, to examine its functions, except to the extent expressly permitted by law; (v) to remove, conceal or change legal notices, in particular regarding intellectual property rights.

    Confidentiality; Data protection

    Each collection and processing of personal data is carried out in strict compliance with the applicable legal provisions. You can find more detailed information in our privacy policy [http://endel.io/privacy-policy/] The collection and use of your personal data is based on the contract concluded between you and us and, if necessary, the consent obtained by you.

    Endel undertakes to treat all information made available to it in connection with the use of the App as strictly confidential and to pass it on exclusively in accordance with the relevant data protection provisions.

    Warranty; Availability

    The App is provided with an annual availability of 90.00%. Excluded from the aforementioned availability are (a) times of unavailability due to maintenance of the App; (b) times of unavailability due to circumstances beyond Endel’s control, including force majeure; and (c) times of unavailability if and to the extent caused by the User.

    Liability

    In the event of intent and gross negligence on the part of Endel, a legal representative or vicarious agent of Endel, Endel shall be liable in accordance with the statutory provisions. The same Applies in the event of injury to life, limb and health, in the event of Endel assuming a guarantee, or liability under the Produkthaftungsgesetz (Product Liability Act).

    In the case of material damage and financial loss caused by slight negligence on the part of Endel, a legal representative or vicarious agent of Endel, Endel shall only be liable in the event of a breach of a material contractual obligation, but limited in amount to the damage foreseeable and typical for the contract at the time the contract was concluded. Material contractual obligations are those whose fulfilment makes the proper execution of a contract possible in the first place and on whose observance the contracting parties may regularly rely.

    Insofar as Endel provides services free of charge, Endel shall be liable in addition to liability in accordance with the above paragraph a. only for damages caused by gross negligence or intent.

    The above exclusions and limitations of liability shall also apply with regard to the liability of Endel’s employees, workers, staff, representatives and vicarious agents, in particular for the benefit of shareholders, employees, representatives, organs and their members with regard to their personal liability.

    Term and termination

    The contract between Endel and the user has a limited duration, unless the option of lifelong access has been chosen. Subscriptions (e.g. monthly or annual subscriptions) are automatically extended after expiry by the original period if they are not cancelled 24 hours prior to expiry at the latest.

    The user can cancel the trial version of Endel at any time by deleting the app from his device. The Exclusive Offer can be cancelled until the trial version ends.

    Terminations can be made in the App Store or Google Play Settings. To manage your subscriptions please go to your Account Settings in the App Store or Google Play and open a list of your active Subscriptions. 

    The right of both parties to extraordinary termination remains unaffected. In particular, we reserve the right to temporarily block use in the event of suspicion of misuse or other breaches of contract and to terminate the contract (as far as possible and reasonable after prior warning) in the event of justified suspicion.

    Modification of services and T&C

    Changes of the services: We reserve the right to change, restrict and discontinue the services offered by us at any time, unless this is unreasonable for the user. We further reserve the right to adapt or change the services as far as

    the changes or adaptations are merely beneficial to users, or

    the changes or adaptations are necessary to conform with applicable law, in particular if the applicable law changes, or to comply with a court judgment or an administrative decision, or

    if the modifications or adaptations have no material effect on the functions of the services or are of a purely technical or organisational nature.

    Changes of the T&C: We further reserve the right to change our T&C at any time, unless this is unreasonable for the user. In case of a change of the T&C we will inform you about the changes at least 4 weeks by a push notification within the App or via e-mail . If you do not object within this 4-week period and open the App again, the amended general terms and conditions shall be deemed accepted with effect for the future and shall become part of the contract at the time they come into effect. We will inform you of the effect of silence and the significance of the 4-week period in the notification containing the amended general terms and conditions.

    In addition, we reserve the right to adapt or amend the T&C, insofar as

    the changes or adaptations are only beneficial to the registered users, or

    the changes or adaptations are necessary to bring them into line with applicable law, in particular when the applicable legal situation changes, or to comply with a court judgment or an administrative decision,

    if the modifications or adaptations have no significant effect on the functions of the services or are of a purely technical or organisational nature, or

    Endel introduces additional, completely new services or performances that require a description in the T&C, unless this would be disadvantageous for the current user relationship.

    Other provisions

    This contract is subject exclusively to the law of the Federal Republic of Germany, excluding international private law and the UN Convention on Contracts for the International Sale of Goods. If the user is a consumer, he shall nevertheless be entitled to the protection of the mandatory provisions of the law which would be applicable without this clause pursuant to Art. 6 (2) of Regulation (EC) No. 593/2008.

    Should individual provisions of these T&C be or become invalid in whole or in part, the remaining T&C shall remain valid. In the event of such ineffectiveness, the ineffective provision shall be replaced by the statutory provision.

    Information on the settlement of disputes: We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and do not participate in these. The European online dispute resolution platform http://ec.europa.eu/consumers/odr/ provides information on alternative dispute resolution (note: we are currently not participating in this program).

    Version: 1.1 ; Date: 6 May 2019

     

     

     

     

     


    Model withdrawal form


    (complete and return this form only if you wish to withdraw from the contract.)


    • To Endel Sound GmbH, Kronberger Straße 12, 14193 Berlin, ask@endel.io
    • I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)
    • Ordered on (*)/received on (*),
    • Name of consumer(s),
    • Address of consumer(s),
    • Signature of consumer(s) (only if this form is notified on paper)
    • Date


    ______________________    

    (*) Delete as Appropriate.

     
  • Privacy policy for Endel app

    General Information

    We, Endel Sound GmbH, Kronberger Straße 12, 14193 Berlin (hereinafter also referred to as “Endel”) collect and Process your Personal Data in connection with the Endel App (hereinafter also referred to as “App”) and are “controller” within the meaning of the EU General Data Protection Regulation (GDPR).

    Definitions

    Personal Data means any information relating to a living person which can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data or an online identifier.

    Processing refers to any operation relating to Personal Data such as its collection, recording, organization, structuring, storage, adaptation or alteration, disclosure or any other use.

    The protection and confidentiality of your data is very important to us. We therefore process your data only to the extent that

    this is necessary to provide the services you requested from the App,

    you have consented to the Processing or

    we are otherwise legally authorized to do so.

    If you have any questions, suggestions or comments, please feel free to contact Endel Sound GmbH, Kronberger Straße 12, 14193 Berlin: E-Mail: ask@endel.io.

    What data do we collect from you and for what purpose?

    a. Information collected during download

    When you download the App, certain required information is sent to the App Store, including your Apple ID, time of download, payment information, and your unique device identification number. The processing of these data takes place exclusively through the App Store and is beyond our control.

    b. Information that is automatically collected when using the app

    As part of your use of the App, we automatically collect certain data required for the use of the App. This includes, for example, your device model, system version, and IP address of your mobile device.

    This data is automatically Processed by us (1) to provide you with the App and related features; (2) to improve the features and functionality of the App; and (3) to prevent and correct misuse and malfunctions. This Processing is justified by the fact that (1) the processing is necessary for the fulfilment of the contract between you and us in accordance with Art. 6 para. 1 lit. b) GDPR for the use of the App, or (2) we have a legitimate interest within the meaning of Art. 6 para. 1 lit. f) GDPR in guaranteeing the functionality and error-free operation of the App and being able to offer an interest-oriented service.

    c. Creation of a user account (registration) and login

    To use the App we can ask you to create a user account. For this purpose, it is necessary to enter your e-mail address (“mandatory information”). The mandatory information enable and guarantee the access and administration of your user account. Mandatory information within the scope of registration are marked with an asterisk and are required for the conclusion of the user contract. If you do not provide this mandatory information, you will not be able to create a user account. The creation of the user account takes place after entering the mandatory data.

    In addition, you can voluntarily enter your date of birth during the registration process.

    We use the mandatory information to authenticate you when you log in and to follow up requests to reset your password. The data entered by you during registration or login will be processed and used by us to (1) verify your authorization to manage your user account; (2) enforce the App’s terms and conditions and all related rights and obligations; and (3) contact you to send you technical or legal notices, updates, security messages, or other messages regarding the management of your user account.

    This Processing is justified by the fact that (1) the processing is necessary for the fulfilment of the contract between you and us in accordance with Art. 6 para. 1 lit. b) GDPR for the use of the App, or (2) we have a legitimate interest within the meaning of Art. 6 para. 1 lit. f) GDPR in ensuring the functionality and error-free operation of the App.

    Registration and log-in with Facebook Connect

    Facebook Connect makes it easy for you to register for and log into an account. Instead of entering the required information, you can log in with your Facebook login information. You will be redirected to the Facebook page to enter your information.

    Registration in this form links your user account to your Facebook profile. We receive Personal Data about you from Facebook, namely your e-mail address and your name. We use these Personal Data only in order to identify you at registration and login. This Processing is justified by Art. 6 para. 1 S. 1 lit. b GDPR.

    Facebook also receives data about you from us. We would like to point out that, as the provider of the App, we do not have any knowledge of the content of the data transmitted or its use by Facebook. Further information on this can be found in Facebook's privacy policy. If you do not want data to be collected via Facebook Connect, please do not use the Facebook Connect function.

    d. Data syncing: Connecting certain Personal Data to your account

    If you create an account, you will have access to our data syncing feature. This means that we will connect your health data, subscription length and originating platform (iOS, Android etc.) to your account. This will enable you to enjoy your personalized ENDEL sound environment (as set out below) from several devices using different originating platforms.

    This Processing is justified by the fact that (1) the processing is necessary for the fulfilment of the contract between you and us in accordance with Art. 6 para. 1 lit. b) GDPR for the use of the App, or (2) we have a legitimate interest within the meaning of Art. 6 para. 1 lit. f) GDPR in ensuring the functionality and error-free operation of the App.

    e. Generic mode

    If you use the app without providing any further data or giving permission, we will not Process any Personal Data to create a personalized sound environment for you. You will then receive a generic sound environment.

    f. Personalized sound environment

    If you want to personalize your sound environment, you can share various information and manage these shares. These include, for example, your heart rate and your location.

    The following authorizations can be assigned to the app:

    - Internet access: This is required to store your entries on our servers.

    - Location data: By Processing your location data, the app can personalize your sound environment by incorporating weather and time data.

    This data is Processed to provide the service, in particular to provide the functionality of the app and the services specified in the terms and conditions. This data processing is justified by the fact that the processing is necessary for the fulfilment of the contract between you and us pursuant to Art. 6 para. 1 lit. b) GDPR for the use of the App.

    You can also grant the following authorizations:

    - Heart rate: By processing your heart rate, the app allows you to create personalized sound environments.

    - Motion, data: By processing your movement data, especially your Cadence, steps count and speed, the app can create personalized sound environments for you.

    If you grant these authorizations, we Process your Personal Data to provide you with personalized sound environments based on your consent pursuant to Art. 6 para. 1 lit. a) GDPR.

    You are not obliged to provide your Personal Data. Furthermore, the use of our app and the associated services is voluntary. However, if you do not wish to provide us with the necessary data, we will not be able to provide you with the functions and services mentioned above.

    Please note that when using third-party hardware, such as an Apple Watch, the third-party’s privacy policy applies.

    g. Reports and highlights

    We will inform you periodically, usually once a week, about your weekly highlights when using the app and show you statistical analyses. For this purpose we process data about your activity in the app. This is justified by the fact that the processing is necessary for the fulfilment of the contract between you and us pursuant to Art. 6 para. 1 lit. b) GDPR for the use of the App.

    h. Payments

    For payment processing, only the data relevant to payment is transmitted to Apple Pay. This is justified by the fact that the processing is necessary for the fulfilment of the contract between you and us pursuant to Art. 6 para. 1 lit. b) GDPR for the use of the App.

    i. Advertising and newsletter

    With your consent, you can allow us to send you advertising and our newsletter, which will inform you about our new products and services and other relevant information. The legal basis for this Processing is Art. 6 para. 1 sentence 1 lit. a GDPR. We store your e-mail address as long as you agree to receive this information.

    You can unsubscribe from receiving this information from us anytime by clicking on the link contained in each newsletter.

    Where we store your data; who has access to your data.

    We store your data on your device and on the servers of our IT service provider Amazon Web Services SARL, 38 avenue John F. Kennedy, L-1855, Luxembourg. Processing shall only take place on our behalf and on the basis of a data processing agreement.

    If you use Facebook Connect to register for and log into an account, your Personal Data will be transmitted to Facebook, Inc. 1601 Willow Road Menlo Park, California 94025 in the United States. The transfer to the USA is secured by an adequacy decision based on the EU-US Privacy Shield.

    Analytics tools

    Endel partially commissions third party providers to provide services for the analysis and evaluation of data. Processing is only carried out on our behalf and on the basis of a data processing agreement. In detail we use the following tools:

    a. Amplitude

    We use the web analysis service Amplitude of Amplitude, Inc. 631 Howard St., Floor 3, San Francisco, CA 94107, USA to evaluate user access. The data collected with this technology will not be used to identify the user personally and will not be merged with Personal Data about the bearer of the pseudonym without the separate consent of the data subject. The information collected is stored on a server in the USA. Amplitude’s privacy policy can be found here: https://amplitude.com/privacy. The transfer to the USA is secured by an adequacy decision based on the EU-US Privacy Shield.

    b. Adjust 

    We use the analysis service Adjust from Adjust GmbH, Saarbrücker Straße 37a, 10405 Berlin to track user interactions with the app in real time and to analyze the performance of marketing campaigns. The data collected with this technology will not be used to identify the user personally and will not be merged with Personal Data about the bearer of the pseudonym without the separate consent of the data subject. Adjust’s privacy policy can be found here:https://www.adjust.com/terms/privacy-policy/. Any transfer to the USA is secured by an adequacy decision based on the EU-US Privacy Shield.

    c. Apptimize

    We use the service Apptimize from Apptimize, Inc., 330 Townsend St Suite 234, San Francisco, CA 94107, USA to analyse user behaviour via A/B-Testing. We can show you our App with slightly varied content, depending on the profile assignment. In this way we can analyse our offer, regularly improve it and make it more interesting for you as a user. Any transfer to the USA is secured by an adequacy decision based on the EU-US Privacy Shield.

    d. Google Firebase

    We use the Google Firebase service from Google LLC, 1600 Amphitheatre, Parkway, Mountain View, CA 94043, USA to play push messages. A so-called device token from Apple is assigned for
    this purpose. The sole purpose of their use by us is to provide the Push Services. These are encrypted, anonymous device IDs. The transfer to the USA is secured by an adequacy decision based on the EU-US Privacy Shield.

    e. Crashlytics

    We work with Crashlytics Inc. “(“Crashlytics”), a Google LLC service that collects user information when users use Endel. Crashlytics collects data on app usage specifically related to system crashes and bugs. It uses information about the device, the version of the app that is installed, and other information that can help fix bugs, especially about the user’s software and hardware. The transfer to the USA is secured by an adequacy decision based on the EU-US Privacy Shield.

    f. Plug-ins

    We are currently using the social media plug-ins from Facebook and Spotify. We offer you the possibility to communicate directly with the provider of the plug-in via the button. When using the plug-ins, your data may be transmitted to the respective plug-in provider.

    How long your data will be stored and how you can delete it

    We store your data only for the time period for which you use the app and they are necessary to fulfill the purpose for which they were originally collected. If applicable, we will store your data for as long as is legally required, e.g. for tax reasons.

    You can delete your data by visiting the data management section in your settings. This will irrevocably delete all your data from our databases.

    Your data rights

    Depending on the circumstances of the specific case, you have the following rights:

    The right of access (Art. 15 GDPR)

    The right to rectification (Art. 16 GDPR)

    The right to erasure (Art. 17 GDPR)

    The right to restriction of processing (Art. 18 GDPR)

    The right to data portability (Art. 20 GDPR)

    The right to take legal action or to file a complaint with the competent supervisory authorities (Art. 77 GDPR)

    In addition, you have the right to object at any time to the Processing of your Personal Data for purposes of direct marketing or to pursue our legitimate interest.

    You may (i) exercise the above rights or (ii) ask questions or (iii) complain about our processing of your Personal Data by contacting us as indicated above.

    Changes to our privacy policy

    We reserve the right to amend this privacy policy in accordance with the provisions of data protection law. You will find the current version on our website at https://endel.zendesk.com/hc/articles/360003562619.

    If you have any questions, suggestions or comments on the subject of data protection, please feel free to contact us. Contact information:  Endel Sound GmbH, Kronberger Straße 12, 14193 Berlin, E-Mail: ask@endel.io

    Version: 1.1 ; Date: 5 May 2019