Terms of use and consumer information
1. Introduction
Wholesome Health GmbH, Urbanstrasse 71, 10967 Berlin, Germany (hereinafter "we") provides information and insights about menstrual cycle and reproductive health to people from menarche through menopause through its websites at
www.cyclio.app (hereinafter "website"). In addition, Wholesome Health provides information to reduce and relieve symptoms that may be related to menstruation and the menstrual cycle.These Terms of Use and Consumer Information (hereinafter the "Terms of Use") set forth the legal framework for the use of Wholesome Health's website, services offered on the website, and social media pages (e.g. Instagram). To the extent that we provide digital content or digital services (hereinafter collectively "Digital Products") in exchange for payment of a price, the legal provisions governing Digital Products shall apply in addition thereto.Please read these Terms of Use carefully. Under § 10 of these Terms of Use you will find information on your consumer right of withdrawal.
2. Scope of application
a) Contracting party and subject matter of the contract
These Terms of Use form the basis for the contract of use that is concluded between you and us. Information on the conclusion of the contract is contained in section 5 of these Terms of Use. The subject of the contract is the free and paid use of the digital products provided by us on our website.
b) Requirements for participation, in particular minimum age
Our digital products are aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity. The use of our digital products for commercial or other commercial purposes is expressly prohibited.
Notwithstanding the requirement of a valid consent to the processing of your personal data in accordance with our Privacy Policy, you must be at least 13 years old (so-called minimum age) to use the paid services of Wholesome Health. If a minor between the ages of 13 and 17 (a person reaches the age of majority under German law at 18) uses Wholesome Health's Paid Services, we will provide the Services based on the presumed consent of the minor's parent or guardian both to these Terms. Such consent is obtained when an email address is entered through the Website and sent to Wholesome Health. The parent or guardian assumes full responsibility for the minor's use of Wholesome Health's paid services.
Consent to process data in accordance with applicable data protection laws is obtained separately,
see our Privacy Policy.
c) Supplementary terms and conditions
We reserve the right to agree supplementary conditions with you for the use of individual digital products. We will inform you of this in good time before use.
3. Wholesome Health services and prices
a) Paid and free services
The use of the website and our information services provided outside of login areas is free of charge.
If you register on the Website, we will provide you with additional information and offers. We may make the use of these digital products dependent on the payment of a price. You will know whether an offer reserved for our registered users is free of charge or whether we require payment for this digital product when you access the digital product on the website.
Please note that in order to use even the information and offers we provide free of charge, you may need aids or training aids (such as yoga mats, towels, wooden blocks). These are not part of our service and may have to be purchased or provided by you separately and at your own expense.
b) Prices
Please inform yourself on the website about the current price and subscription models and the then available services. All prices quoted are inclusive of the applicable sales tax.
4. Your health
a) Health requirements
Use of Wholesome Health services is at your own risk.
A prerequisite for the use of Wholesome Health services is in any case a good general health condition. If you are aware of any pre-existing conditions, we strongly recommend that you seek medical advice before starting to use the Wholesome Health services. This is especially true if you have one or more of the following known medical conditions/conditions/interventions:
(i) cardiovascular disease
(ii) pulmonary or respiratory conditions (including asthma)
(iii) Spinal and/or joint problems,
(iv) neuromuscular disorders,
(v) surgical procedures,
(vi) gynecological conditions,
(vii) other health limitations.
Do not use Wholesome Health services if you have an existing or suspected pregnancy.
As a general rule, pay attention to your body's signals. If you have any doubts about your health before or during the use of Wholesome Health services (e.g., because you experience significant pain, general discomfort, shortness of breath, nausea, or dizziness), consult your physician before starting or continuing with Wholesome Health services.
b) No substitute for medical advice
The services and information offered as part of Wholesome Health services are neither medical nor medical advice. It is not a substitute for medical examination or treatment under any circumstances.
We cannot provide you with medical advice, however, if you would like to make a complaint, comment or provide feedback to us about the Wholesome Health Services, you are welcome to contact us personally via email at hello@cyclio.app.
c) Training Methods
Fitness and training advice is subject to constantly evolving health and sports science. Although we base our training and nutrition tips on current studies and findings, we do not guarantee that they reflect the most current research or findings.
Wholesome Health makes no representations or warranties as to the accuracy, suitability, reliability or timeliness of the Wholesome Health Services.
5. User account
To use the Wholesome Health services, you may need to open a user account. The opening of a user account is possible after a (digital) initial conversation with us or via the website. It is sufficient to open a user account once. You will be asked to accept our terms of use and privacy policy during the registration process.
6. Conclusion of contract
How the respective contract is concluded depends on the way you send your contact data to Wholesome Health.
a) Conclusion of contract for paid one-time additional services or subscriptions
You can purchase individual additional services either by paying a one-time amount or within a subscription. If you purchase such an additional service via the website, the contract is concluded when you click on the "Buy now" field or a comparable field.
If you purchase such an additional service in a (digital) face-to-face conversation, the contract is concluded when we record the conversation and you verbally agree to it upon our explicit request. You will then receive a confirmation of the conclusion of the contract by email. A copy of the recorded conversation can be sent to you upon request to hello@cyclio.app. A revocation is possible within the scope of the right of revocation described below.
b) Correction of input errors
If you wish to purchase a one-time additional service or a subscription on our website www.cyclio.app, you can cancel the process at any time and correct any input errors until you have successfully entered your payment data.
If you would like to purchase a one-time additional service or a subscription via a (digital) personal conversation with us, you can interrupt the process at any time and notify us of any errors in the information and correct them until you have successfully submitted your payment data.
7. Term
a) Contract of use
The contract of use concluded between you and us is valid for an indefinite period of time.
b) One-time additional services
One-time additional services can be offered for a fixed term. They then end automatically with the expiration of time without the need for a cancellation.
c) Subscriptions
Our subscriptions are offered with different minimum terms. After expiration of this minimum term, they are automatically extended for an indefinite period of time until a cancellation is made by you or by us.
To avoid misunderstandings, please note that the duration of a subscription is based on the calendar and is independent of the duration and extent of your use of the respective digital product.
8. Terms of payment
a) Collection of fees
When purchasing additional services by paying a one-time amount, the fees shall be collected upon conclusion of the contract.
When purchasing a subscription, the fee shall be collected in advance for the respective minimum term at the time of conclusion of the contract. If the subscription is automatically renewed, the fee shall be collected in advance at the beginning of the respective renewal period.
b) Default
We reserve the right to assert further claims due to default of payment.
9. Means of payment
If you purchase digital products via the website, you can pay the price regularly via Paypal or credit card.
If we incur costs and/or expenses when a payment is rejected and you are responsible for this (e.g. because the account is not covered or the limit of the credit card is already exhausted), we are entitled to charge you for the costs and/or expenses incurred in the actual amount.
We reserve the right not to offer certain means of payment and to refer to other means of payment for each purchase if there is a justified reason.
10. Right of revocation
a) Cancellation policy
If you conclude a user contract or a contract for a one-time additional service or a subscription with us, you are entitled to the following right of revocation in each case.
You have the right to revoke the contract within fourteen days without giving any reason. The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us: Wholesome Health GmbH, Urbanstrasse 71, 10967 Berlin, Germany; e-mail: hello@cyclio.app by means of a clear statement (e.g. a letter sent by mail, fax or e-mail) about your decision to withdraw from the contract.You can use the attached sample withdrawal form, which is not mandatory. You can print out the sample cancellation form under point 10.d. on this page and send it by mail to:
Wholesome Health GmbH
Urbanstrasse 71,
10967 Berlin, Germany
Or send by email to:
hello@cyclio.app
Thus, you can revoke the contract within the statutory revocation period.
If you make use of this option, we will immediately send you (e.g. by e-mail) a confirmation of receipt of such revocation. To comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
b) Consequences of the revocation
If you revoke the contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of the contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
c) Expiration of the right of withdrawal
We would like to point out that the right of withdrawal in the case of a contract for the provision of services pursuant to Section 356 (4) Sentence 1 of the German Civil Code (BGB) shall also expire if the entrepreneur has provided the service in full and has only begun to provide the service after the consumer has given his express consent to this and at the same time confirmed his knowledge that he will lose his right of withdrawal upon full performance of the contract by the entrepreneur. The right of withdrawal shall also expire in the case of a contract for the provision of services if we have provided the service in full and have only started to perform the service after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal upon full performance of the contract by us.
The right of withdrawal shall also expire in the case of a contract for the delivery of digital content that is not on a physical data carrier if we have commenced performance of the contract after you have given your express consent to this and at the same time confirmed your knowledge that you lose your right of withdrawal when we commence performance of the contract.
d) Sample form for your revocation
In order to make the cancellation as easy as possible for you and to avoid possible queries, we offer you to print out our form shown here or to send it to us scanned by email. In any case, please make sure to tell us which Wholesome Health service you want to revoke.
If you want to cancel the contract, please fill out this form and send it back to:
Wholesome Health Ltd.
Urbanstrasse 71,
10967 Berlin, Germany
I/we (*) hereby revoke the contract concluded by me/us (*) 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 consumer(s)
Date
(*) delete as applicable
11. Liability for defects
a) Legal provisions
For claims based on defective services, the statutory provisions apply, for digital products in particular the defect rights provided for by law. Your rights as a consumer remain unaffected in any case.
b) No warranty
We do not give any assurances or guarantees that the training or other result desired by you will be achieved by using the respective digital products. We do not owe a concrete success. In addition, the training result is also influenced by factors that we cannot control, such as physical predispositions and preconditions, so that the result can vary greatly for different people despite the same use of the digital products.
12. Liability
a) General
If instructions (e.g. for certain exercises) are provided to you as part of our Wholesome Health Services, you must comply with these instructions without fail, otherwise there is a risk of injury or health risks.
If you use aids or equipment for the exercises and training, it is your responsibility to ensure that these aids and/or equipment function properly and have been installed or set up.
You are obliged to observe our health instructions in section 4.
b) Liability for services provided free of charge
We shall be liable, irrespective of the legal grounds, exclusively for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In the case of intent, our liability is generally unlimited. In the case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. Otherwise, our liability is excluded.
c) Liability for services rendered against payment
In the case of services rendered against payment, our liability for damages due to intent and gross negligence or the absence of a guaranteed characteristic is generally unlimited, irrespective of the legal grounds.
If we violate an essential contractual obligation with slight negligence, our liability shall be limited to the typical, foreseeable damage. An essential contractual obligation is any obligation that is necessary for the fulfillment of contractual purposes and on the fulfillment of which you as a consumer can or could have relied.Our liability in the event of injury to life, limb or health for which we are responsible shall remain unaffected by the aforementioned limitations.
In all other respects, our liability is excluded.
d) Liability of our employees
To the extent that our liability is excluded or limited, the exclusion or limitation shall also apply in favor of our employees and agents.
e) Product liability
Claims under the Product Liability Act shall remain unaffected by the aforementioned exclusions or limitations of liability.
13. Rights of use to Wholesome Health content
The services offered by us contain, depending on which services you are activated for or which you have purchased, copyrighted or otherwise protected content to which we have the corresponding rights. We grant you a simple and non-transferable right to use this content in non-commercial form within the framework of the contractual provisions. For the avoidance of doubt, we would like to point out that you are not permitted to distribute our content or make it available to the public, e.g. on websites other than the Website. The right to use expires when you are no longer activated for the respective service (e.g. after cancellation of your subscription) or with the termination of the user relationship.
14. Termination of contract
a) User contract
You have the right to delete your user account at any time and without giving reasons and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your profile. Please note that after deleting your user account, all content and training services you have posted will be deleted or could be deleted by us and you will also no longer have access to content you have already purchased. If you still have a current subscription at the time of deletion of your account or have booked an additional service whose term has not yet ended, any amount already paid by you will not be refunded - not even proportionally.
We are entitled to terminate the user contract without giving reasons with a notice period of two (2) weeks in text form, at the earliest, however, at the end of the minimum term or the respective extension period of your subscription and/or at the end of the term of a one-time paid additional service.
b) Subscription
Each subscription to a Wholesome Health Service must be cancelled individually. You may cancel a subscription at any time, without cause, effective at the end of the minimum term or upon two (2) weeks' notice after the end of the minimum term. You can cancel subscriptions purchased on our website by making the appropriate setting in your user profile on the website. Alternatively, you can cancel your subscription by sending an email to hello@cyclio.app or by post. Your user account and other subscriptions, subject to further notice, will continue to exist.
We are entitled to terminate any subscription at the end of the minimum term or after the end of the minimum term with a notice period of two (2) weeks in text form.
c) Termination for cause
The right to terminate for cause remains unaffected for both parties. In particular, we are entitled to terminate the user agreement or your subscription with immediate effect and to delete your user account if you seriously or repeatedly violate the provisions of these Terms of Use or are in default with your payment obligations despite a reminder.
15. Personal data
We process your personal data in accordance with our privacy policy, the current version of which you can find at
www.cyclio.app/data-privacy. In particular, the privacy policy regulates and explains to what extent your personal data is visible to other users and what options you have to control the disclosure to other users.
16. Changes to the Terms of Use
We reserve the right to change and adapt these Terms of Use with effect for the future. We will notify you of the changes by email no later than two (2) weeks before the new version of the Terms of Service is scheduled to take effect. If you do not object to the validity of the new General Terms and Conditions within this period and continue to use Wholesome Health, the new General Terms and Conditions shall be deemed accepted. In the event of an objection, we expressly reserve our ordinary rights of termination. We will also separately inform you of your right to object, the deadline for this and the legal consequences of your silence or an objection.
17. Final provisions
a) Applicable law
German law shall apply exclusively between the parties to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG). If you are domiciled within the European Union, the law of your domicile may also be applicable, provided that it concerns mandatory consumer law provisions or you are granted more extensive rights under the law of your domicile than under German law.
b) Place of jurisdiction
If you do not have a general place of 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 Terms of Use have become effective, or if your place of residence or usual place of abode is unknown at the time the action is brought, the exclusive place of jurisdiction for all disputes arising from this contract shall be our place of business.
c) Contractual language
The contract language is English.
18. Severability clause
Should individual provisions of these Terms of Use be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions.
19. Provider Information
Wholesome Health GmbH
Urbanstrasse 71,
10967 Berlin, Deutschland
E-Mail:
hello@cyclio.app
Represented by the managing director Chunchun Qiu
Registered in the Commercial Register of the Charlottenburg Local Court
Commercial register number HRB246303
Responsible for the content according to § 10 paragraph 3 MDStV: Chunchun Qiu,
Wholesome Health GmbH (address as above).
20. Access to the text of the contract
These General Terms and Conditions can be viewed at www.cyclio.app/terms-and-conditions.
