Legal
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Impressum
Endel Sound GmbH
Sophienstraße 21, 10178 BerlinGeschäftsführer
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, Sophienstraße 21, 10178 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“), Google Play
(„Google Play“) and Stripe.com („Stripe“), which the User agrees with the provider of the App Store, Google Play and Stripe, 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. Payments to us are made through the App Store, Google Play or Stripe. The costs for booked chargeable services must be paid in advance and are due immediately after Endel has accepted the order The costs are only debited within the scope of the payment options of the App Store, Google Play or Stripe.
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,
Sophienstraße 21,
10178 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 via the settings on the App Store or Google Play, or via the homepage on the Endel app. To manage your subscriptions, go to the account settings on the App Store or Google Play, or the homepage on the Endel App, and select the list of your active subscriptions. You can cancel your subscription there.
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: 1.2 ; Date: 07 October 2020
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract.)
- To Endel Sound GmbH, Sophienstraße 21, 10178 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.
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Privacy policy for Endel app
General Information
We, Endel Sound GmbH, Sophienstraße 21, 10178 Berlin (hereinafter referred to as “Endel”), collect and process your personal data in connection with the Endel App (hereinafter referred to as “App”). We are the “controller” within the meaning of the EU General Data Protection Regulation (GDPR) and comply with applicable US data protection laws, including the California Consumer Privacy Act (CCPA).
Definitions
Personal Data: Any information that relates to an identified or identifiable individual, such as name, identification number, location data, or online identifier.
Processing: Any operation performed on personal data, including collection, recording, organization, storage, alteration, retrieval, use, disclosure, and erasure.
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, Sophienstraße 21, 10178 Berlin: E-Mail: ask@endel.io.
You can contact our data protection officer: security@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 submitted to the App Store, including your Apple ID, time of download, payment information (e.g. credit card, bank account) and your individual device ID number. The processing of this data occurs exclusively through the respective App Store or the respective payment system (e.g. Stripe) and is beyond our control. We do not store or process this data.
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, Google Play, Stripe and PayPal. 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.
Data transfers to the US (e.g., through Facebook Connect or other third-party tools) are secured by the EU-US Data Privacy Framework (DPF), which ensures that personal data receives adequate protection in line with EU standards during such transfers.
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. All data transfers to the US are secured under the EU-US Data Privacy Framework. In detail we use the following tools:
a. Tableau
We use Tableau, a business intelligence and data visualization platform by Tableau Software, LLC, 1621 N 34th St, Seattle, WA 98103, USA. Tableau allows us to analyze and visualize app usage data to improve the user experience. Tableau’s privacy policy can be found here https://tableau.com/privacy. Any data transfers to the USA are secured by the EU-US Data Privacy Framework.
b. Google Firebase
We use the Google Firebase service from Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, to send push notifications. These use encrypted, anonymous device IDs, such as Apple device tokens, to deliver Push Services. Data transfers to the USA are secured by the EU-US Data Privacy Framework. Google Firebase's privacy policy is available here https://firebase.google.com/support/privacy
c. Crashlytics
We work with Crashlytics, a Google LLC service, to collect information about system crashes and bugs. Crashlytics collects information about device usage, app version, and hardware data. Data transfers to the USA are secured by the EU-US Data Privacy Framework. For more information, please review Crashlytics' privacy policy here https://firebase.google.com/support/privacy
d. 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.
e. Mailchimp
Our newsletter is sent using Mailchimp, provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA. Mailchimp tracks newsletter opens, clicks, and other metrics for statistical analysis. Data transfers to the USA are secured by the EU-US Data Privacy Framework. You can find Mailchimp’s privacy policy here: https://mailchimp.com/legal/privacy/. If you do not want your usage of the newsletter to be analyzed by Mailchimp, you can always withdraw your consent and unsubscribe from the newsletter at any time.
f. Push-notifications
For push notifications, we use the technology of the provider OneSignal, located at 2850 S Delaware St Suite 201, San Mateo, CA 94403, USA. We use “OneSignal” to send you push notifications and to keep you informed about news through the notifications. The provider processes personal data from you which allow conclusions to be drawn about your user behaviour, such as your reactions to the push notifications. The legal basis for the processing is Art. 6 para. 1 lit. a) GDPR. Data transfers to the USA are secured by the EU-US Data Privacy Framework. You can withdraw your consent at any time. OneSignal’s privacy policy can be found here: https://onesignal.com/privacy_policy.
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. California residents can request specific data retention information under the CCPA by contacting us.
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 object to processing (Art. 21 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.
Under the CCPA, California residents have the right to:
Request information about the categories of personal data we have collected or disclosed.
Request access to specific pieces of personal data collected about them.
Request the deletion of personal data, subject to certain legal exceptions.
Opt-out of the sale of their personal data (though we do not sell personal data as defined under the CCPA).
We do not sell your personal data as defined by the CCPA. To exercise any of your CCPA rights, please contact us at ask@endel.io.
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, Sophienstraße 21, 10178 Berlin, E-Mail: ask@endel.io
Version: 1.5 ; Date: 15 October 2024