Terms and conditions

Last Updated: November 21, 2023

bilateralstimulation.io BLS GmbH offers products and services for virtual and in-person bilateral stimulation. The following terms and conditions govern your use and purchases of these products and services.

Definitions

In these Terms and Conditions, the following expressions have the following meanings:

  1. Application means the software program provided by the Company downloaded by You on any electronic device, named bilateralstimulation.io.
  2. Affiliate means an entity that controls, is controlled by, or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority.
  3. Account means a unique account created for You to access our Service or parts of our Service.
  4. Country refers to: Germany.
  5. Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to bilateralstimulation.io BLS GmbH
  6. Content refers to content such as text, images, videos, audio, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
  7. Device means any device that can access the Service, such as a computer, a cellphone, or a digital tablet.
  8. Feedback means feedback, innovations, or suggestions sent by You regarding the attributes, performance, or features of our Service.
  9. Goods refer to the items offered for sale on the Service (including both physical products and software).
  10. Orders mean a request by You to purchase Goods from Us.
  11. Promotions refer to contests, sweepstakes, or other promotions offered through the Service.
  12. Service refers to the Application or the Website, or both.
  13. Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
  14. Terms and Conditions (also referred to as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
  15. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service.
  16. Website refers to bilateralstimulation.io, accessible from https://www.bilateralstimulation.io.
  17. You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Eligibility

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users, and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service.

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

You acknowledge that You are either 18 years of age or older, possess legal parental or guardian consent, or are a parent or guardian accepting these Terms on behalf of Yourself and Your child.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use, and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Modifications to These Terms and Conditions

We reserve the right to change or replace these Terms at our sole discretion, at any time. If an amendment is material, we will make reasonable efforts to provide at least 30 days notice before the new terms take effect. The determination of what constitutes a material change will be made at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the updated terms. If you do not accept the new terms, either in whole or in part, please cease using the website and the Service.

Promotions

Promotions made available through the Service may be governed by separate rules that differ from these Terms.

If you participate in any Promotions, please review the relevant rules as well as our Privacy Policy. In the event of a conflict between the rules for a Promotion and these Terms, the Promotion rules shall prevail.

Returns and Refund Policy / 30-Day Money-Back Guarantee

If for any reason you are not satisfied with your purchased Goods, simply contact us by email at support@bilateralstimulation.io within 30 days of receipt of the Goods to initiate the return and refund process. We will provide a full refund for the cost of the Goods (for physical products upon return of the Goods, and for software products without delay), but please note that shipping costs will not be refunded.

For physical products, the Money-Back Guarantee only applies to Goods that are returned in the same condition as You received them. You should also include all of the manuals, documents, and wrappings. Goods that are damaged or not in the same condition as You received them or which are worn simply beyond opening the original packaging will not be refunded. You should therefore take reasonable care of the purchased Goods while they are in Your possession.

Placing Orders

Your Information

If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.

You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct, and complete.

By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.

Our Order Cancellation Rights

We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:

  • Goods availability
  • Errors in the description or prices for Goods
  • Errors in Your Order
  • Fraud or an unauthorized or illegal transaction is suspected

Subscriptions

Automatic Renewal

Certain parts of the Service are only accessible through a paid Subscription. You will be charged beforehand on a recurring and periodic basis (such as monthly or yearly), depending on the Subscription plan You choose when purchasing the Subscription.

Your Subscription will automatically renew under the same terms at the conclusion of each period, unless either You or the Company cancels it.

Termination

You can cancel your Subscription renewal via Your account settings page or by reaching out to the Company at support@bilateralstimulation.io. You will not be issued a refund for fees already paid for your current Subscription period, and You will maintain access to the Service until the end of Your present Subscription term.

Cancelation of your free trial

If You receive a free trial offer for a specific time period, You will not be charged during such free trial period. If we request your credit card information as part of the free trial registration process, then the subscription fee will be automatically charged to the credit card associated with your account for the subsequent period upon the conclusion of the free trial period.

Billing

You shall provide the Company with accurate and complete billing information including full name, company name, address, state, zip code, country, email, and valid payment method information.

In the event that automatic billing is unsuccessful for any reason, the Company will send an electronic invoice specifying that you need to proceed manually, within a designated due date, to complete the full payment for the billing period as stated on the invoice.

If you fail to make the necessary payment by the conclusion of your billing cycle, your service may be subject to suspension or cancellation.

No Medical Device

Our Goods and Service do not replace or substitute professional medical treatment by a trained therapist. In particular, neither is patient-related data processed to generate medically relevant information nor does the software control a medical product.

You acknowledge that the use of our Goods and Service is not intended for self-treatment. Any provision of health information is for non-binding informational purposes only.

We are not claiming any medical benefit with regard to the use of our Goods or Service.

The Company does not practice medicine, therapy, or otherwise provide any form of medical or healthcare counseling, treatment, or consultations. Only a doctor, therapist, psychologist, or other healthcare provider is authorized to do this.

In the event of a health emergency, please contact a healthcare provider or go to a hospital immediately.

Content

Your Right to Post Content

Our Service enables you to share Content. You are accountable for the Content you post on the Service, encompassing its legality, dependability, and suitability.

By submitting Content to the Service, You grant us the right and license to utilize, modify, publicly perform, publicly display, reproduce, and distribute such Content on and via the Service. You maintain all of your rights to any Content you submit, post, or display on or through the Service, and You are responsible for safeguarding those rights. You agree that this license permits us to make Your Content accessible to other users of the Service, who may also utilize Your Content in accordance with these Terms.

You represent and warrant that: (i) the Content belongs to You (You own it) or You possess the right to use it and grant us the rights and license outlined in these Terms, and (ii) sharing your Content on or through the Service does not infringe on the privacy rights, publicity rights, copyrights, contractual rights, or any other rights of any individual.

Content Restrictions

The Company bears no responsibility for the content provided by users of the Service. You expressly acknowledge and agree that you are solely accountable for the Content and all activities under your account, whether conducted by you or a third party using your account.

If you are a healthcare provider You may not under any circustamnces transmit any Content to us that discloses personally identifiable information (PII) of your patients. If you become aware of such Content having been transmitted to us you must let us know immediately and we will delete it from our systems.

You are not permitted to transmit any Content that is unlawful, defamatory, libelous, or otherwise objectionable. Examples of objectionable Content include, but are not limited to:

  • Illegal or promoting illegal activity.
  • Defamatory, discriminatory, or malicious content, including comments or references about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
  • Spam, machine-generated, unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
  • Content containing or installing viruses, worms, malware, trojan horses, or other harmful elements designed or intended to disrupt, damage, or limit the functioning of software, hardware, or telecommunications equipment, or to damage or gain unauthorized access to third-party data or information.
  • Infringing on the proprietary rights of any party, including patents, trademarks, trade secrets, copyrights, publicity rights, or other rights.
  • Impersonating any individual or entity, including Company employees or representatives.
  • Violating the privacy of any third party.
  • False information and features.

The Company reserves the right, but not the obligation, to determine in its sole discretion whether or not any Content is appropriate and adheres to these Terms, and may refuse or remove such Content. The Company also reserves the right to format, edit, and modify the manner of any Content. The Company may limit or revoke access to the Service if you post objectionable Content. As the Company cannot monitor all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You acknowledge that by using the Service, you may encounter content that you find offensive, indecent, incorrect, or objectionable, and you agree that the Company shall not be held liable in any way for any content, including any errors or omissions in any content, or any loss or damage incurred as a result of your use of any content.

DMCA/Copyright Notice

Since we respect artist and content owner rights, it is Company's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (" DMCA").

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify Company's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:

  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Service;
  4. Information reasonably sufficient to permit the Company to contact you, such as your address, telephone number, and, e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Attn: DMCA Notice
bilateralstimulation.io BLS GmbH
MรผhlenstraรŸe 8A
14167 Berlin
Germany
Email: copyright@bilateralstimulation.io

Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys' fees.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

Intellectual Property

The Service, along with its original content (excluding Content submitted by you or other users), features, and functionality, shall continue to be the sole property of the Company and its licensors.

The Service is safeguarded by copyright and other applicable laws of the Country, as well as foreign nations.

Our logo may not be used in connection with any product or service without the prior written consent of the Company.

Your Feedback to Us

You transfer all ownership, rights, and interest in any Feedback you supply to the Company. In the event that this assignment is unsuccessful for any reason, you consent to grant the Company a non-exclusive, perpetual, irrevocable, royalty-free, global right and license to utilize, reproduce, disclose, sublicense, distribute, modify, and exploit such Feedback without any limitations.

Our Service may include links to websites or services of third parties that are neither owned nor managed by the Company.

The Company does not exert control over or assume responsibility for the content, privacy policies, or practices of third-party websites or services. By using our Service, you acknowledge and agree that the Company will not be held accountable or liable, either directly or indirectly, for any damage or loss resulting from or alleged to result from your use of or reliance on content, products, or services available through such websites or services.

We strongly recommend that you review the terms and conditions as well as the privacy policies of any third-party websites or services you may access.

Termination

We reserve the right to terminate or suspend your Account instantly, without any prior notification or liability, for any reason at all, particularly if you violate these Terms and Conditions.

Following termination, your entitlement to utilize the Service will be discontinued immediately. If you desire to terminate your Account, you can choose to stop using the Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service in the last three (3) months or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

Disputes Resolution

In the event that you encounter any issues or disagreements regarding the Service, you consent to initially attempt to settle the matter amicably by reaching out to the Company, such as by sending an email to support@bilateralstimulation.io

Class Action/Jury Trial Waiver

With respect to all persons and entities, regardless of whether they have obtained or used the Service for personal, commercial or other purposes, all Claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into this Agreement, you and the Company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.

European Economic Area (EEA) Users

If You are a resident of the European Economic Area and acting as a consumer, the right of withdrawal applies to any purchase of Goods as defined below. Consumer means a natural person who is acting outside the scope of economic activity (trade, business, craft, liberal profession).

In respect to any digital content Goods which are available for immediate download, by clicking the "buy" button, You consent to Our immediate performance of this Agreement and acknowledge that You will lose Your right to withdraw from the Agreement once the download or streaming of the digital content has begun.

In respect of Products supplied on a tangible medium, You have the right to withdraw from the Order without giving reasons, for a period of 14 days, starting on the day the Goods were received. In this case, the following provisions will apply.

To exercise Your right of withdrawal, you need to inform us by means of a clear statement (via post to bilateralstimulation.io BLS GmbH, MรผhlenstraรŸe 8A, 14167 Berlin or via email to support@bilateralstimulation.io).

During the withdrawal period, You must handle the Product and the packaging carefully. You may only unpack or use the Product to the extent necessary to determine its nature, characteristics, and operation. The basic principle here is that the Consumer may only handle and inspect the product as he would be allowed to do in a store.

We will notify You of the receipt of Your withdrawal notification without delay, and We will make the reimbursement without undue delay, and not later than 14 days after receipt of Your withdrawal notification. We will make the reimbursement using the same payment method You originally used, and no fees will incur for the reimbursement.

You are obliged to return the Products supplied on a tangible medium without any undue delay and, in any event, within no more than 14 days after the date on which you notified Us of the withdrawal. We may refuse to make the reimbursement until we have received back the goods or until you have provided evidence that you have sent back the goods, whichever is earlier.

United States Federal Government End Use Provisions

If You are a U.S. federal government end user, our Service is a "Commercial Item" as that term is defined at 48 C.F.R. ยง2.101.

United States Sanctions Compliance

You hereby affirm and guarantee that (i) Your location is not within a nation subjected to an embargo by the United States government, nor is it identified by the United States government as a nation that supports terrorism, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Governing Law

The laws of the Country shall govern these Terms and Your use of the Service. Additionally, your use of the Application may also be subject to other local, state, national, or international laws.

Entire Agreement/Severability

These Terms, together with any amendments and any additional agreements you may enter into with the Company in connection with the Service, shall constitute the entire agreement between you and the Company concerning the Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Company's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Contact

If you have any questions about these Terms and Conditions, please contact us: support@bilateralstimulation.io

logo

ยฉ Copyright bilateralstimulation.io BLS GmbH 2024