Terms and conditions

Last Update: July 17, 2019

SESSIONS UG'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 UG (hereinafter referred to as "SESSIONS" or "we"), registered with the Munich District Court under number HRB 211248. 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.

More particular information regarding platform fees, payments fees and taxes are defined in a separate agreement.

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

Your declaration of revocation reaches us by post at

SESSIONS UG

Steinstr. 26

81667 Munich

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. 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.

13. 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 UG
Steinstr. 26
81667 München