Terms and conditions

Last Update: November 18, 2021

SESSIONS.link GmbH's terms and conditions apply to all users of the SESSIONS-Websites and all SESSIONS applications. User are to be understood as hosts and participants as defined in §3 and §4.

This user agreement is established between you (hereinafter referred to as the "contractual partner" or "you") and SESSIONS.link GmbH (hereinafter referred to as "SESSIONS", "SESSIONS.link" or "we"), registered with the Munich District Court under number HRB 270087. It regulates your use of the SESSIONS websites, the SESSIONS software application and the services for calendar booking and video-conferencing (hereinafter: the "services").

1. General Overview

By accessing and using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you should not use the services.
As further set forth in the Terms (and without limiting their express terms), by accessing and using the Services you also agree to the following:

You have read and understood our Privacy Policy, to which the terms of this Agreement refer.

We are constantly improving our services. This may result in us introducing new features or limiting certain features. We reserve the right to change the services, suspend or discontinue any part of the services at any time.

We reserve the right to change the terms of the contract at any time.

By using the Services after the effective date of the change, you agree to the terms of this Agreement as amended.

2. Use of the Services

2.1 In order to open a user account and use the SESSIONS services, you must be at least 18 years old and have full legal capacity.
2.2 By entering into the contract you warrant that you do not have another user account with us and that your user account has not been blocked or deleted in the past due to violations of our terms of use. In these cases we will not conclude a further or renewed user contract with you. Furthermore, you assure that all data transmitted within the scope of registration is true and complete.

2.3 SESSIONS is free to refuse a natural or legal person the use of the services or to change the admission criteria. The services are only available to the user for personal, non-commercial use. Use by third parties is not permitted.

3. Host-Account

A Host is someone who provides digital services to Participants (cf. §4) using the SESSIONS. Classically, these are sport trainers, lawyers and teachers.
You can find more particular information regarding platform fees and payments fees in the footer under pricing.

4. Participant-Account

A Participant is someone who participates in digital services of the instructor.
4.1 Hosts offer services using SESSIONS - these can be either paid or free of charge. Paid services can be offered via Pay-per-Class functionality.

4.2 When you use the services offered by the Host on SESSIONS, your user information is shared with the Host. This includes in particular your e-mail address.

4.3 In order to participate in Live Online Classes with a Host, you must give SESSIONS access to your microphone and camera. Microphone and camera are necessary for the provision of the service, otherwise the instructor cannot see you or communicate with you. We recommend that you make sure that no sensitive data is visible in the camera's field of vision, neither for the instructor nor for any third parties.

4.4 The owner of SESSIONS products is the person who has activated the product on the website or in the apps.

4.5 In the following cases SESSIONS is entitled to terminate, block or suspend your product with or without notice:

Your payment is overdue (in which case we will make reasonable efforts to notify you of the overdue payment before taking any of the above actions);
You provide false or inaccurate information during registration;
You do not comply with the provisions of this agreement or other SESSIONS regulations that apply to you,
You are acting against applicable laws or tariffs (such as copyright and intellectual property laws); or
You behave in a manner that threatens, abuses or harasses SESSIONS employees, representatives or other SESSIONS users.

5. Health Requirements

The use of services provided via SESSIONS services is at your own risk. A good general state of health is always a prerequisite for using SESSIONS services. If you are aware of any previous illnesses, please seek medical advice before using the SESSIONS services. This applies in particular if you suffer from cardiovascular diseases, spinal and/or joint problems, or other health restrictions that limit your sporting ability. Please do not use the SESSIONS services if, for example, you experience considerable pain, general discomfort, shortness of breath, nausea or dizziness. In this case, please consult your doctor before you start or continue with SESSIONS.

6. License

Subject to your compliance with the following agreement and terms and conditions, SESSIONS grants you or the Participant a limited, non-transferable, non-exclusive, revocable license to access and use the Services solely for your personal, non-commercial use and for no other purpose. This license includes the limited right to view the content available on the services. It applies only to you or the user personally and may not be transferred or sublicensed to any third party.

7. Privacy Policy

Our privacy policy is part of these conditions. Please read the Privacy Policy to learn what information we collect about you or the user, what we use that information for and whether, how and to whom we disclose it. You can find the privacy policy here.

8. Rights and Duties of the User

The SESSIONS services are offered exclusively to consumers. You may not use the SESSIONS services for commercial or other commercial purposes.
You are not permitted to use it,

To enable third parties to access or use SESSIONS services, e.g. an undefined group of people by using the services in public areas (such as cinemas, theatres, exhibitions, showrooms, hotels, bars, restaurants or other public spaces);
to make the access data sent or used for authentication and identification accessible to third parties or to pass them on to third parties;
to bypass access control systems to chargeable services or to take other measures to use services without authorisation;
to transfer or assign rights or obligations arising from the contractual relationships to third parties.

When using the SESSIONS services, you must also take into account the contractual agreements with third parties, especially with the store provider or your internet access provider.

In order to ensure smooth communication with you, we ask you to add our e-mail address to your e-mail provider's list of trusted senders.

A contractual relationship with rights and obligations concerning the performance of any SESSIONS is exclusively established between the SESSIONS participant and the person who publishes a SESSIONS on the SESSIONS platform (“SESSIONS host”). When SESSIONS Participants make or SESSIONS Hosts accept a booking, they enter into a contract directly between themselves.

SESSIONS is not a party or otherwise involved in this contractual relationship between SESSIONS Participants and SESSIONS Hosts. SESSIONS is not an agent for users in any capacity except as expressly provided in these Terms of Use. SESSIONS Participant Data is transmitted directly to the SESSIONS Host in order to ensure the performance of the contract pursuant to Art. 6 para. 1 p. 1 lit. b DSGVO.

9. Right of Withdrawal

If you are entitled to a legal right of withdrawal, it arises when you conclude a contract of use or a contract for a product (package or membership) with us.
Within fourteen days after conclusion of the contract you may revoke your declaration of intent without stating reasons and the contract will be reversed.

In order to exercise your right of revocation, you must clearly state (e.g. a letter or e-mail) that you do not wish to adhere to the conclusion of the contract. You can use the attached sample revocation form for this purpose, but you do not have to. Any clear declaration is sufficient. If you make use of this option, we will confirm receipt of the revocation (e.g. by e-mail). To comply with the revocation period, it is sufficient to send your revocation declaration before the end of the revocation period. Please use the following contact details for this purpose: max@sessions.link

Consequences of revocation

If you revoke the contract, the contract will be reversed. You will be refunded any payments already made to us for the revoked contract. We will make this payment at the latest within fourteen days after receipt of your declaration of revocation. For this repayment we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.
If you have requested that the services should begin during the revocation period, you must pay us a reasonable amount for the services already received. This is the pro rata amount of the total fee for the service booked up to the point at which you give us notice of cancellation.

Sample form for your revocation

You can use the following revocation form for your revocation.
Simply send us an e-mail to: max@sessions.link, or your declaration of revocation reaches us by post at:

SESSIONS.link GmbH
Steinstr. 26
81667 München

You can copy the following text into an e-mail or print it out:

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 the consumer(s)

Date

(*) delete as appropriate

10. Content - Grant of Licences

You (Host and Participant) may use the SESSIONS logo and other copyrights and trademarks to market your offers (live classes & on-demand) - but not for any other purpose without written permission from SESSIONS.
hosts are the owners of the content that you make available on the SESSIONS (‘Host Content’).

You or the participant may not upload, publish, transmit, distribute or transmit to any part of the services any content that violates existing law - this includes, in particular, your behavior during one of the live broadcasts. This is especially true for content that

infringe copyrights or other rights of third parties (e.g. trademarks, data protection rights, etc.);
explicitly contain sexual content or pornography of any kind,
contain hateful, aggressive, violent, defamatory or discriminatory content,
stir up hatred against individuals or groups of any kind,
represent the abuse of minors, illegal acts or extreme violence, cruelty to animals or extreme violence against animals,
promote fraudulent activities such as multi-level competitions, chain letters, online games, gambling.

11. Third Party Links, Content and Materials

You may be able to leave the services via links and access websites operated by third parties. SESSIONS has no influence on the content of these websites, nor has SESSIONS checked or approved the content that appears on them. SESSIONS accepts no liability for the legality, truthfulness or appropriateness of the content, advertising, products or other materials on or from such third party websites. SESSIONS is not liable for damage or loss caused by or in connection with access to or use of such third party websites. SESSIONS is not responsible for damage, loss, injury or other matters of any kind arising from the use of equipment or connections provided by third parties.

12. Standard Contract between Fan and Creator

This Standard Contract between Fan and Creator ("this agreement") sets out the terms which govern each transaction between a Fan and a Creator on SESSIONS.link:

When does this agreement apply? Each time a Fan/Creator Transaction is initiated on SESSIONS.link, this Standard Contract between Fan and Creator will apply to the exclusion of any other terms which the Fan or Creator may propose, and this Standard Contract between Fan and Creator will legally bind the Fan and Creator participating in the Fan/Creator Transaction.
Parties: The only parties to this agreement are the Fan and Creator participating in the Fan/Creator Transaction. SESSIONS.link GmbH is not a party to this agreement and neither grants any rights in respect of, nor participates in, any Fan/Creator Transaction.
Interpretation: In this agreement, defined terms have the following meanings:
1. "SESSIONS.link" means the website accessed via the URL sessions.link or via any web browser;
2. "Content" means any material uploaded to SESSIONS.link by any User (whether a Creator or a Fan), including any photos, videos, audio (for example music and other sounds), livestream material, data, text (such as comments and hashtags), metadata, images, interactive features, emojis, GIFs, memes, and any other material whatsoever;
3. "Creator" means a User who has set up their SESSIONS.link account as a Creator account to post Content on SESSIONS.link to be viewed by other Users;
4. "Fan" means a User who views or accesses a Creator’s Content in any other means;
5. "Fan/Creator Transaction" means any transaction between a Fan and a Creator on SESSIONS.link by which access is granted to the Creator's Content in any of the following ways: (i) a Subscription, and (ii) payments made by a Fan to view a Creator's Content (on-demand or pay-per-view media and pay-per-view live stream);
6. "Fan Payment" means (i) any and all payments made by a Fan in respect of any Fan/Creator Transaction, and (ii) any and all tips;
7. "SESSIONS.link Fee" means the fee charged by SESSIONS.link GmbH to Creators;
8. "Subscription" means a Fan's monthly subscription to a Creator's account;
9. "VAT" means Germany’s value added tax (“Umsatzsteuer”) and any other tax imposed in addition to or in substitution for it at the rate from time to time imposed and any equivalent or similar governmental, state, federal, provincial, or municipal indirect tax, charge, duty, impost or levy in any other jurisdiction; and
10. "Tax" shall include all forms of tax and statutory, governmental, state, federal, provincial, local government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of Germany’s or any other jurisdiction.
Pricing and payment: By entering into a Fan/Creator Transaction, the Fan agrees to pay the Fan Payment applicable to the relevant Fan/Creator Transaction in accordance with the pricing published in the Creator's account including any VAT which is applicable.
License of Content: Once the Fan has made the Fan Payment for a Fan/Creator Transaction, the Creator grants to the Fan a limited license to access the applicable Content of that Creator to which the Fan/Creator Transaction relates (the "Relevant Content"). This license is non-transferable, non-sublicensable and non-exclusive, and permits the Fan to access and view the Relevant Content on the Fan's personal device and via a normal web browser (and to make a temporary copy of such Content only to the extent that this is an incidental and technical process forming part of the Fan's accessing the Content (i.e. caching)), in accordance with our Terms of Use.
Ownership of Content: The Fan participating in the Fan/Creator Transaction acknowledges and agrees that the license of the Relevant Content provided in section 5 does not result in the Fan acquiring any rights in or to the Relevant Content, which rights shall be retained by the Creator of the Relevant Content.
Expiry of license: The license granted to a Fan in relation to the Relevant Content will expire automatically without notice in the following circumstances:
1. if the Fan Payment related to the Fan/Creator Transaction was unsuccessful, or is charged back or reversed for any reason;
2. in respect of Subscriptions, at the end of the subscription period, in case the Subscription was cancelled
3. if the Fan's User account is suspended or terminated for any reason;
4. if the Fan acts in breach of our Terms of Use (whether in relation to the Relevant Content or at all);
5. if the Content is removed by the Creator from the Creator's account;
6. if the Fan closes their SESSIONS.link User account.
Cancellation and refunds: In respect of every Fan/Creator Transaction:
1. The Fan acknowledges that the Fan/Creator Transaction will result in a supply of the relevant Content to the Fan before the end of the period of 14 days from the date when the Fan/Creator Transaction is entered into, and the Fan gives his or her express consent to this and confirms to the Creator that he or she is aware that any statutory right to cancel the Fan/Creator Transaction which the Fan has under the Consumer Rights Directive 2011/83/EU (CRD) or any other applicable law will therefore be lost.
2. This agreement does not affect any statutory right to receive a refund from the Creator which a Fan may have under the Consumer Rights Directive 2011/83/EU (CRD) or any other applicable law.
Obligations between Creator and Fan: In respect of every Fan/Creator Transaction:
1. The Fan and the Creator participating in the Fan/Creator Transaction agree to comply at all times with our Terms of Use in relation to the Relevant Content, including when accessing, viewing and interacting with it.
2. The Fan participating in the Fan/Creator Transaction agrees to make the Fan Payment required to access, view or interact with the Relevant Content, and agrees not to initiate a chargeback other than if the Fan disputes the Fan/Creator Transaction in good faith.
3. The Creator participating in the Fan/Creator Transaction agrees to make the Relevant Content available to the Fan once the Fan has made the Fan Payment applicable to the Relevant Content.
4. The Creator warrants (makes a legally enforceable promise) that it possesses all necessary rights in and to the Relevant Content sufficient to license it to the Fan in the territory in which the Fan will be accessing the Relevant Content, and has obtained any and all permissions and consents needed to grant the license in section 5.
5. The Creator is solely responsible for creating and uploading the Relevant Content. The Creator provides no guarantees that it will continue to create and upload Relevant Content on an ongoing basis.
6. Unless there has been negligence or other breach of duty by the Creator, the accessing by the Fan of the Creator's Content is entirely at the Fan's own risk.
No guarantees: The Fan participating in the Fan/Creator Transaction acknowledges that Creators may add and remove Content at any time from their Creator account, and that Creators have the discretion to decide what sort of Content to make available on their account. In addition, the Fan participating in the Fan/Creator Transaction acknowledges that there may be circumstances where it is not possible for the Fan to access to Relevant Content to be provided under the Fan/Creator Transaction, including
1. if the Creator's account is suspended or deleted;
2. if the Fan's account is suspended or deleted;
3. if the availability of all or any part of our site is suspended or inaccessible; or
4. if the Creator is unable to create or upload Relevant Content in the future.
Terms relating to disputes:
1. This agreement is governed by German law and German law will apply to any claim that arises out of or relates to this agreement. The Fan will also be able to rely on mandatory rules of the law of the country where he or she lives.
2. Where claims can be brought:
  1. If this agreement is with a Fan resident in the United Kingdom or the European Union, any claim under this agreement may be brought in the courts of Germany or the courts of the country where the Fan lives.
  2. If this agreement is with a Fan resident outside of the United Kingdom or the European Union any claim under this agreement must be brought in the courts of Germany, unless the Fan and Creator otherwise agree.

13. Subscriptions and purchases by Fans

This section describes the terms which apply to transactions and interactions between Fans and Creators:

All transactions and interactions facilitated by SESSIONS.link are contracts between Fans and Creators on the terms of the Standard Contract between Fan and Creator above. Although we facilitate transactions and interactions between Fans and Creators by providing the SESSIONS.link platform and storing Content, we are not a party to the Standard Contract between Fan and Creator above or any other contract which may exist between a Fan and Creator, and are not responsible for any transactions or interactions between Fans and Creators.
Creators are solely responsible for determining (within the parameters for pricing on SESSIONS.link) the pricing applicable to transactions and interactions and the Content to which you may be given access. All prices are charged in the displayed currency as selected by the Creator.
Fan Payments include VAT. The creators are responsible for creating invoices and transferring taxes.
You authorize us to supply your payment card details to a third-party payment provider for the purpose of processing your Fan Payment. All Fan Payments will be charged in the displayed currency chosen by the Creator. Your payment card provider may charge you currency conversion fees. We do not have control over currency exchange rates or charges imposed by your payment card provider or bank and we are not responsible for paying any charges or fees imposed by your payment card provider or bank.
The payment provider will take (i) monthly payments from the provided payment method (e.g. PayPal or credit card) for Fan Payments which are Subscriptions; and (ii) immediate payments from your payment method for ad hoc Fan Payments such as booking live events or purchasing access to on-demand content. You authorize and consent to each of these payments being debited using your supplied payment method details.
A Subscription to a Creator’s profile grants you access to exclusive content provided by the Creator itself. The Creator alone is responsible for the content, including its amount and quality, as outlined in the Standard Contract between Fan and Creator above.
All Subscriptions to a Creator's profile will automatically renew at the end of the monthly subscription period until you cancel the subscription (via the Creator’s profile page or your PayPal account).
If you cancel a Subscription you will continue to be permitted to view the relevant Creator's Content until the end of the subscription period in which you cancelled, after which no further payments will be taken from your payment card in respect of subscriptions to that Creator's profile, and you will no longer be able to view the relevant Creator's Content.
You agree that you will not make unjustified requests for a refund from any Creator which you follow, or unjustified chargeback requests of your payment card provider in relation to any transaction between you and a Creator. If we consider that any request for a refund or chargeback request was made by you in bad faith, we have the right to suspend or delete your User account.

14. Liability

SESSIONS accepts no liability whatsoever with regard to the services offered by the Hosts.
You must follow the instructions you receive during the digital services, otherwise there is a risk of injury and/or health risks.

If you use any aids or equipment for the exercises, you are solely responsible for ensuring that such aids and/or equipment function properly and are installed or set up.

15. Severability Clause

Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The above provisions shall apply accordingly in the event that these General Terms and Conditions of Business prove to be incomplete.

Contact

To resolve a complaint about the website or for more information on how to use the website, please contact us at

SESSIONS.link GmbH
Steinstr. 26
81667 München