General Terms and Conditions (T&Cs) for the System Akvile mobile app
(Last updated 21. October 2022)
§ 1. General terms and conditions
1.1 The following General Terms and Conditions govern the download, access, and use of the mobile application of System Akvile (hereafter referred to as "System Akvile app") in the version valid at the time of placing the order.
1.2 The System Akvile app is made available to you by System Akvile GmbH (c/o WeWork, Axel-Springer-Platz 3, 20355 Hamburg, hereafter referred to as: "System Akvile").
1.3 The System Akvile app offers you various opportunities to familiarize yourself with the topic of skin health using the System Akvile app ("Services") and we support you in improving your skin condition. To do this, we create personalized content for you, provide a "Skincare Routine" and enable "Lifestyle Tracking". We also help you to document your progress by sharing pictures in the app.
1.4 The services can generally be used on all platforms and end devices supported by the System Akvile app. Restrictions, especially technical ones, can be found in the respective presentation of the offer.
1.5 The System Akvile app requires all users to create an account. It is not possible to use the app without signing up so you are obligated to ensure that the data you provide within the scope of a registration is both complete and truthful.
1.6 The conclusion of the contract of use depends on the rules of the respective provider of the App Store (e.g. Apple, Google etc.). As a rule, the contract is concluded when you click on the install field in the respective store and, if required, enter your password.
1.7 By registering with the System Akvile app, you accept these terms and conditions for the use of the app. If you access the services via the app and have downloaded the app from the app shop belonging to a third party or access the content via an audio/video or assistant platform (such as Google Home), the respective terms and conditions of the app shop or platform also apply; in the event of contradictions, these terms and conditions will take precedence.
1.8 When downloading and using the System Akvile app, in particular using third-party networks or abroad, you may incur transmission costs from your internet provider.
1.9 The services are directed exclusively to consumers. According to the legal definition of § 18 of the German Civil Code, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. The use of the System Akvile app for commercial purposes is expressly prohibited.
1.10 You must be at least 13 years old (minimum age) to use System Akvile’s Paid Services (see sections 2 and 3 below). If a minor between the ages of 13 and 17 (a person reaches majority at 18 under German law) uses System Akvile’s Paid Services, we provide the services on the basis of the deemed consent of their parent or legal guardian, both to these T&Cs and to the use of the System Akvile app. Such consent is obtained when an account is created prior to the first use of the app. The parent or guardian takes full responsibility for the minor's use of System Akvile’s paid services.
2.1 Paid Services include the Services, which may be one-time purchases or automatically renewing subscription services (“Paid Services”). We may make changes to, suspend, or discontinue Paid Services at any time for any reason, and System Akvile reserves the sole discretion to determine which Services or portions thereof require payment.
2.2 Like the System Akvile app itself, paid features are only available through the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase within the System Akvile app, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers.
2.3 You agree to pay all applicable fees for Paid Services including, without exclusion, any monthly subscription fees, user fees, and offering fees and any other fees, charges, or costs that you agree to purchase as part of the Paid Services during the checkout process (“Fees”). You agree to pay all Fees and all applicable taxes incurred prior to termination or cancellation of the Agreement.
2.4 You authorize System Akvile to charge your designated payment method for Paid Services. By providing an acceptable payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us or our third-party payment processor to charge your payment method for the total amount of your purchase, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable, your Paid Service may be suspended or canceled. You must resolve any problem we encounter in relation to the payment method you provide in order to proceed with your use of the Service. If you accept a promotional offer or make changes to your Paid Services, the Fees, taxes, and amounts billed may vary. Billing amounts may also vary due to changes in applicable taxes or currency exchange rates. You authorize us or our third-party payment processor to charge your payment method for the corresponding amount. Refunds will not be issued unless required by law. This payment obligation shall survive termination or cancellation of this Agreement for any reason whatsoever.
2.5 System Akvile reserves the right to adjust any features or parts of our Paid Services, at any time.
2.6 We will always ask you for consent to material changes to these Terms if they affect any Paid Services that you have purchased. Material changes are changes to the type and scope of the contractually agreed Paid Services, the fees, or the duration and termination of the contract. However, this does not prevent us from improving our services or including additional features or services within the scope of Paid Services.
§ 3 Subscriptions
3.1 Certain Paid Services are subscription-based purchases, to which the following terms apply:
3.2 Your Subscription term may vary as a monthly, or 3-month term. Your Subscription will auto-renew for additional Subscription Terms until your Subscription is canceled by you, or suspended or terminated by System Akvile. Unless otherwise indicated by us, your designated payment method will be charged at the end of each Subscription Term for the Subscription fee plus any applicable taxes and other charges.
3.3 You may cancel your Subscription at any time, but at least 24-hours before the subscription term renews. Your cancellation will take effect at the end of the current Subscription Term. You can cancel your subscription and automatic payment by going to the Settings App (for iOS) or Google Play (for Android). Cancellation does not entitle you to the refund of any previously paid Fees and you will not receive a prorated refund for the remainder of the Subscription Term.
3.4 When you cancel a Subscription, you cancel only future charges for your Subscription. You will not receive a refund for the current Subscription Term you paid for, but you will continue to have full access to that Subscription until the end of that current Subscription Term.
3.5 Your payment information will be processed and stored through a third-party payment processor. All paid account holders must maintain at least one valid payment method for the payment of Fees, which are described in more detail during checkout. All Fees are calculated and billed to you on a monthly or 3-months basis depending upon your choice, and are due immediately upon receipt and are subject to change. You acknowledge that Fees have a recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. Fees shall be charged or debited from the saved, designated payment method you provide one day prior to the monthly or 3 months anniversary of the initial purchase date.
§ 4 Your rights and obligations
4.1 The System Akvile app and the services and content available via the app are made available to you exclusively for personal use and not for commercial use. Transferring the user account to third parties is not permitted. You may only use the System Akvile app for your own private purposes.
4.2 The System Akvile app and its contents as well as the contents on all other platforms supported by the System Akvile app are protected by copyright. With the provision or transmission of the app or the individual services or contents, you receive the right to personal use. Any further use, i.e., publication on the Internet, as well as any unauthorised duplication, distribution of the content, or making the app available online, whether for a fee or free of charge, is not permitted. The rights of use granted are not transferable or sub-licensable and are subject to payment in full. Uses permitted by law under copyright law are not restricted. In particular, you are not entitled to modify, edit or decompile the app beyond the extent provided for by law.
4.3 Furthermore, you are not permitted to:
4.3.1 pass on the data sent for authentication and identification to third parties or make the access data accessible to third parties;
4.3.2 enable third parties to use or access the Services, e.g. an unspecified group of people by using the Services in public spaces (such as cinemas, theatres, exhibitions, workshops, showrooms, hotels, bars, restaurants, or other public spaces);
4.3.3 remove or obscure any copyright notices and/or notices relating to trademarks or other intellectual property rights of the System Akvile app, System Akvile app affiliates or third parties;
4.3.4 assign or transfer any rights or obligations under these Terms and Conditions (T&Cs) to any third party;
4.3.5 you are also prohibited from modifying, reverse engineering, decompiling, disassembling, or otherwise determining the source code of the software underlying the app or any part thereof, and from creating any derivative work from the software.
4.4 When using the app and its services, you must take into account any existing contractual agreements with third parties, in particular with your internet provider or the app store operator.
§ 5 Liability
5.1 The company is not a licensed medical care provider and the app is not intended to replace professional medical advice or diagnose, treat or manage any illness or medical condition. Please consult with a licensed physician or other qualified healthcare providers before making any decisions or taking any actions that may affect your health and safety. Never disregard professional medical advice or delay in seeking it because of something you have read in connection with the app.
5.2 We would like to point out that any instructions for skincare (in particular the Skincare Routine), recipes, and other content on the subject of skin health, which are presented within the framework of the services provided by us, are designed for averagely healthy and physically and mentally capable users. Therefore, you carry out any exercises we suggest yourself at your own risk.
5.3 System Akvile is liable without limitation for intent and gross negligence. System Akvile shall only be liable for simple negligence if our vicarious agents or legal representatives violate an obligation that is essential for achieving the purpose of the contract (so-called cardinal obligation). In this case, liability is limited to foreseeable damage. The aforementioned limitation of liability shall not apply in the case of damages due to the absence of warranted characteristics, in the case of injury to life, body, or health as well as in the case of claims under the Product Liability Act. However, as far as the liability of System Akvile is excluded or limited, this also applies to the personal liability of our legal representatives and vicarious agents.
5.4 You agree to indemnify System Akvile or System Akvile's vicarious agents against all claims of third parties that are asserted in connection with violations of your obligations under these T&Cs and/or the laws applicable to you and to bear all reasonable costs incurred by System Akvile, including those for legal defence, insofar as you are responsible for the violations.
§ 6 Contract period, termination, repayment
6.1 In relation to the free System Akvile service, you may terminate the contractual relationship with us at any time by deleting your account in accordance with the instructions in the app. We may terminate the contract at our sole discretion and without further notice, subject to the following provisions.
6.2 Special terms apply for paid features (see sections 2 and 3).
6.3 The user contract is automatically terminated if we do not register any activity in your account after a period of three years.
6.4 If the user contract is terminated, we will delete your account and you will no longer be able to use System Akvile.
6.5 The right to terminate the contract for cause remains unaffected. An important reason for System Akvile is the violation of applicable laws or essential contractual obligations. A prior warning is not necessary in this case.
§ 7 Resolving disputes out of court
System Akvile does not participate in dispute resolution proceedings before a consumer arbitration board, but is obliged to point out that the European Commission operates a platform for resolving online disputes out-of-court (the so-called OS platform) at http://ec.europa.eu/consumers/odr.
§ 8 Amendments to these Terms
8.2 We may make immaterial changes to these Terms without notice or giving further reasons at any time.
§ 9 Final provisions
9.1 System Akvile endeavors to enable a trouble-free operation of the System Akvile app and to keep it available as far as possible. However, it is important to note that a complete and/or uninterrupted availability is not technically feasible. System Akvile, therefore, does not guarantee that there will be no problems with the operation or specific availability of the app. System Akvile may restrict access without stating reasons – partially, temporarily, completely, or permanently. Furthermore, there is no claim to the maintenance of individual functionalities of the app used free of charge as such. The System Akvile app is - insofar as there are no contractual obligations to the contrary - entitled to change or remove content, services and functionalities provided within the app at any time, and to make new content, services and functionalities available or to discontinue the app altogether; this also includes the introduction of a charge for all or certain services along with their partial or complete discontinuation.
9.2 System Akvile is entitled to entrust third parties with the provision of the agreed services in whole or in part at any time. Furthermore, System Akvile may transfer its rights and obligations to one or more third parties.
9.3 Agreements between System Akvile and you that deviate from these T&Cs must be made in writing in order to be effective; this also applies to a waiver of the written form requirement.
9.4 The System Akvile app may use advertising material, e.g., when the user starts using the app or the services. To the extent permitted by law, such advertising can be targeted on the basis of the information provided by you and your use of the services.
9.5 The place of jurisdiction is Hamburg, Germany, if the user does not have his domicile or usual place of residence in Germany or moves or if the user is not a consumer in the sense of § 13 BGB (German Civil Code) System Akvile is also entitled to sue the user at their general place of jurisdiction.
9.6 German substantive law shall apply to the exclusion of the rules of conflict of laws.
9.7 Should any provision of these T&Cs be, or become, invalid, this shall not affect the validity of the remaining clauses. In this case, the invalid or unenforceable provision shall be replaced by the parties with a valid provision which comes as close as possible to the economic purpose of the invalid or unenforceable provision. The same shall apply in the event of a loophole.
§ 10 Right of revocation
As a company headquartered in Germany, the consumer protection laws of Germany apply to you as our customer no matter where you live. Since the System Akvile services are directed exclusively at consumers within the meaning of § 13 BGB (German Civil Code), German law gives you a right to cancel this contract without penalty within 14 days of its conclusion.
If you have purchased our service via an app store (such as Google Play Store or Apple App Store) please use the procedures provided by the respective app store for the revocation and reimbursement of your purchase.
Right of revocation
You have the right to revoke this contract within fourteen days without providing any reasons.
The revocation period (cancellation period) is fourteen days from the date when you entered into the contract.
To exercise your right of revocation, you must inform us (System Akvile GmbH, WeWork c/o System Akvile GmbH, Axel-Springer-Platz 3, 20355 Hamburg, Germany, or contact Support from within the System Akvile app) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory.
In order to comply with the revocation period, it is sufficient that you send us notification regarding your revocation of the contract before the end of the revocation period.
Consequences of revocation
If you revoke this contract, we shall reimburse all payments we have received from you, including delivery charges (other than any additional charges resulting from your decision to select a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.
In the case of a contract for the provision of services, the following applies: If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.
- End of the revocation policy
Status 21. October 2022