General Terms and Conditions elastic
Effective on 2017-2-2
1. Subject and Scope of the General Terms and Conditions
elastic, Christinenstr. 6, 10119 Berlin, Germany (thereafter “elastic”) operates a platform for self-help coaching material on the internet portal http://www.so-elastic.com and other websites as well as via mobile applications (thereafter platform).
Use of the platform (including Apps) shall be exclusively subject to the following general terms and conditions.
No special contractual text is intended for the contract regarding platform use. The content of the contract concluded between you and elastic follows these general terms and conditions as well as the information provided during the process of registration (cf. cipher 3.) as well as during contracting of a fee-based subscription ( cipher 5) that will be saved by elastic and available at any time in your user account.
By registering and/or using the elastic services, you accept the use and application of these terms and conditions.
elastic shall retain the right to change individual clauses with effect for the future. If we do not obtain your specific consent for a terms and conditions amendment, you will be timely informed of any changes to the terms and conditions (at least four weeks prior to the effective date of the amended terms). For this purpose, elastic will send you the new version of the terms and conditions to the email address you provided during registration. In this context, elastic will notify you explicitly regarding the opportunity and objection period against the changes as well as about the consequences of an omitted objection.
If you do not object to the changes within four weeks after the effective date of the changed user conditions, the changed user conditions shall be deemed accepted. The period shall start with the day that it is communicated to you via email as the effective date of change.
In the event that you object the changes, elastic shall be entitled to terminate the user contract and delete your user account, under consideration of your interests if continuing of the contractual relationship under the scope of the current terms and conditions is not possible or unreasonable for elastic, effective from the date the changed user terms come into force.
2. Services and Rights of elastic
elastic will provide you with audio-coaching material as 5-7 day programs (so called Series) and individual exercises (so called Singles).
The rights on elastic’s services and contents that are dispersed this way shall stay and remain with elastic or elastic’s licensors. elastic software applications and contents shall be licensed to you within the scope of the contractual use. We will only grant you a non-exclusive (simple) and temporary right pursuant to cipher 2.3 for personal use of elastic’s services and contents.
If you are using a free service, elastic shall be allowed to show you advertising on the platform.
3. Registration with elastic
A registration with elastic is necessary for using elastic’s services.
Registration itself is free (Free Account) and does not obligate to enter into a subscription.
You can use your email address and a self-determined password for registration.
The used password shall be kept confidential. You are solely and to the full-extent responsible for keeping it confidential. You are the only person entitled to use your elastic user account. elastic shall be notified immediately of any unauthorized use of the user account as well as any suspicion thereof.
You may register via email address or log-in through a so called social-connect service (e.g. Facebook-connect).
You may also register with our app for iOS after downloading it.
Registration and/or log-in via social-connect establishes a free contract between elastic and you regarding the use of the elastic platform (cf. cipher 1.3.).
All information necessary for registration shall be made complete and accurate and shall be kept up-to-date at all times.
Registration shall require a minimum age of 18 years. As a minor you are only allowed to register with elastic if you are at least 14 years old and your statutory agents have given their consent. We shall have the right to make services of elastic subject to appropriate proof of your identity, your legal majority or the consent of your statutory agent.
elastic shall be entitled to save and process your data provided during the registration process pursuant to the data protection regulations.
8. Period and Termination
The free user contract shall start at the time of your registration pursuant to cipher 3. for an indefinite period.
You can terminate the free user contract at any time. For this purpose, you can delete your account via our Web-App under “Settings”.
elastic shall not be liable for user damage claims. elastic shall only be liable for damages arising from body, life or health violations or from violations of material contractual duties (cardinal duties) as well as for damages for other damages arising from intentional and gross negligent breach of duty of elastic, its statutory agents or vicarious agents. Material contractual duties are duties that are required to make proper performance of the contract possible and on whose fulfillment you can rely.
In the event of violation of material contractual duties, elastic shall only be liable for the contractual and typically foreseeable damages if these were caused by slight negligence, unless, damages arising from injury to life, body or health are present.
The restrictions stipulated under ciphers 10.1. and 10.2. shall also apply for duty violations of vicarious agents and statutory agents of elastic if claims are made directly against these.
11. Warrant of merchantability
elastic grants a warrant of merchantability in accordance to the law.
All materials (including software and content whether downloaded or not) contained in the Products are owned by elastic (or our affiliates and/or third party licensors, where applicable), unless indicated otherwise. You agree and acknowledge that the materials are valuable property and that other than any specific and limited license for use of such materials, you shall not acquire any ownership rights in or to such materials. The materials may not be used except as provided for in these Terms, and any other relevant terms and conditions provided to you without our prior written permission.
You acknowledge and agree that certain materials on or in the Products are the property of third party licensors and, without prejudice to any and all other rights and remedies available, each such licensor has the right to directly enforce relevant provisions of section 12 against you.
Audio or video content from elastic not explicitly indicated as downloadable may not be downloaded or copied from the Products or any Device.
The Products are not intended for your commercial use. Commercial advertisements, affiliate links, and other forms of solicitation may be removed by us without notice and may result in termination of privileges. You must not use any part of the materials used in or on the Products for commercial purposes without obtaining a written license to do so from us. Material from the Products may not be copied or distributed, or republished, or transmitted in any way, without our prior written consent. Any unauthorized use or violation of these Terms immediately and automatically terminates your right to use the Products and may subject you to legal liability. You agree not to use the Products for illegal purposes (including, without limitation, unlawful, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes) and you agree that you will comply with all laws, rules and regulations related to your use of the Products. Appropriate legal action may be taken for any illegal or unauthorized use of the Products.
A limited amount of content may be marked and authorized for the user to share in their personal social channels (Facebook, Twitter, etc.). With respect to content made available by elastic through the Products that is specifically identified as available for distribution by you (“Distribution Content”) as part of your blog or other online commentary, analysis or review (“User Commentary”), elastic grants you a limited right to download, reproduce and distribute Distribution Content over the internet as part of your User Commentary. You may also modify such Distribution Content but only as required to technically enable the display and distribution of such content through your computer systems and over the Internet (e.g. a change in video format or file size) provided such modification does not materially alter the substance or quality of such content. Your display and distribution of Distribution Content may also be subject to other terms and conditions that are set forth in the description of such content in the Products, such as display and distribution of Distribution Content only within specified usage dates. You agree not to publish the Distribution Content with other content that is known by you to be false, inaccurate, or misleading or that is, or that encourages activity or conduct that is, unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. Distribution Content may contain trackers that enable us to collect information with respect to the distribution and consumption of such content.
You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials in the Products. If you make other use of the Products, or the content, code, data or materials thereon, except as otherwise provided above, you may violate copyright and other laws of Germany, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use. elastic will enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
13. Directive 2001/29/EC
We are committed to complying with copyright and related laws, and we require all users of the Products to comply with these laws. Accordingly, you may not store any material or content on, or disseminate any material or content over, the Products in any manner that constitutes an infringement of third party intellectual property rights, including rights granted by copyright law. Owners of copyrighted works in the European Union who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the Directive 2001/29/EC (the “Copyright Directive”) to report alleged infringements. You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is our policy to terminate privileges of any user who repeatedly infringes the copyright rights of others upon receipt of proper notification to us by the copyright owner or the copyright owner’s legal agent.
If you feel that a posted message is objectionable or infringing, we encourage you to contact us immediately. Upon our receipt of a proper notice of claimed infringement under the Copyright Directive, we will respond expeditiously to remove, or disable access to, the material claimed to be infringing and will follow the procedures specified in the Copyright Directive to resolve the claim between the notifying party and the alleged infringer who provided the content in issue. Our designated agent (i.e., the proper party) to whom you should address such notice is listed below.
If you believe that your work has been copied and posted on the Products in a way that constitutes copyright infringement, please provide our designated agent with the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Products;
(d) Your address, telephone number, and email address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the information contained in your report is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
(g) Our designated agent for notice of claims of copyright infringement can be reached as follows: [email protected]
14. Final Provisions
If one provision of these terms and conditions shall be void, the remainder of the contract shall remain unaffected thereof. The void provision shall, if applicable, be replaced by the statutory provisions.
The laws of the Federal Republic of Germany shall apply; excluding the EGBGB conflict of law rules and the UN-Convention on the International Sale of Goods (CISG). Statutory provisions (especially consumer protection provisions) legally required by a customer’s country of residence remain unaffected.
The exclusive place of jurisdiction for all disputes directly or indirectly resulting from the contractual relationship shall be the competent court at elastic’s registered seat of business if you are an entrepreneur, a legal entity of public law or a special public fund, or have no general place of jurisdiction within the Federal Republic of Germany or another EU member state or relocated your residence/business seat after application of these Terms abroad and outside the European Union.
elastic Data Protection Notification
Effective on 2017-2-2
For providing you with our service, we will need certain information about you. This data protection notification elaborates which data we collect from you for what purpose.
If you should not consent to this data protection notification, please do not use elastic.
2. Collection, Use and Processing of Data
“Personal data” shall be data that can identify you personally (e.g. name, e-mail address or invoice information) and other information that can be connected to this type of information and that allow a conclusion regarding your identity.
“Pseudonymised data” shall be data in which the information appropriate for identifying a certain person are replaced by a pseudonym so that the data cannot be matched to a certain person without knowledge of the correlation which is saved outside the data set.
“Anonymized data” shall be data where the respective person is unknown and cannot be determined.
2.1 Registration Data
If you register with elastic (for a subscription, a free trial or use of a code) we will collect personal data that you voluntarily submit with registration. In particular, these are your e-mail address and your selected password.
We also collect upon registration, data regarding country and language that you have saved as standard setting in your browser or smartphone.
We use this data without your explicit consent only for performing our offered services. We will only forward your personal data without your explicit consent to third parties if this is necessary for performing our services or for complying with statutory obligations (see cipher 3 below).
We save all your registration data so that we can use them for performing elastic’s services. The data will be deleted after the end of the contract as soon as they are not needed for invoicing purposes any longer. If a deletion conflicts with statutory, contractual or by-law imposed storage periods, the data shall be suspended instead.
2.2 Registration via Facebook Connect
The specific information that is transferred to us will be individually listed during your first log-in with elastic via Facebook in detail. With registration on our website via Facebook Connect, you consent to profile data transfer from your Facebook profile to elastic as well as to the transfer of data to Facebook for using of elastic. Your data transferred through Facebook Connect will be saved and processed by us for registration purposes on the elastic platform.
2.3 Personal Usage Data
If you are using elastic services, we will automatically collect personal usage data that is necessary for performing the services and/or invoicing. Personal data shall only be collected if you provide us with these when opening a customer account or registration for our newsletter. In accordance with statutory provisions and for the purpose of data economy, generally only data necessary for the respective service shall be collected.
In particular, these are your e-mail address, your password, your country and your language. In the event that you connect via Facebook Connect or Connect for Xing (cipher 2.3), we will also collect your first and family name. To the extent that our forms ask for further information, such information shall always be optional and will be marked as such.
We will use your provided data without your separate consent only for fulfilling and performing of our services and for complying with statutory requirements. Forwarding of your personal data to third parties shall only occur if this is necessary for performing our services or for complying with statutory requirements.
Your accruing personal data regarding the access history will be deleted immediately after its termination or, if this is legally forbidden, suspended.
For performing elastic services and to make your visit to our website pleasant and to ensure use of certain functions, we will also use so-called cookies for data collection and saving. Cookies are small data packages that are stored on your device. They will not cause any harm there. Two types of cookies will be used. Temporary cookies will be automatically deleted with closing of your browser (so-called session-cookies). Permanent cookies will remain on your device and enable us or our partner company to recognize your browser at your next page visit (so-called persistent-cookies).
Cookies enable us to comprehend your user behavior. They are also supposed to provide you with optimized surfing on our website. You can configure your internet browser so that you will be notified of cookie storage und decide about their acceptance in an individual case or reject cookies generally or for certain cases.
Certain features might not be able available to you if you prevent cookie storage in your browser settings.
You can find further information regarding cookies and your questions regarding the dangers of cookies under the following link on the website of the German Federal Office for Security in Information Technology: https://www.bsi-fuer-buerger.de/BSIFB/DE/SicherheitImNetz/WegInsInternet/DerBrowser/GefahrenRisiken/Cookies/cookies.html.
2.6 Tracking/ Web Analysis Tools
elastic uses Google Analytics, a web analysis service of Google Inc., 1600 Amphitheatre Parkway, Mountain View CA 94043, USA Tel: +1 650 253 0000 Fax: +1 650 253 0001 E-Mail: [email protected]“(“Google”). Google Analytics also uses so-called “Cookies”, text files that are stored on your computer enabling analysis of your use of the internet site. The information created by the cookie regarding your website use will usually be transferred to a Google server in the USA and saved there. elastic will anonymize the IP address (anonymizeIP() so called IP-masking), and your IP address will be shortened by Google within the member states of the European Union or other contracting states to the Agreement on the European Economic Area. The full IP address shall only be submitted to a Google server in the USA in exceptional cases only and will be shortened there. Google will use this information on behalf of elastic to evaluate your use of the website, to compose reports regarding website activity and to perform further service relating to further services connected to website and internet use vis-a-vis elastic. The IP address submitted by your browser within the Google Analytics process shall not be connected with other Google data.
You can prevent cookie storage as stipulated above under cipher 2.5. by a respective browser-software setting, which however has the effect that some features of elastic websites are not fully useable. You can also prevent Google’s collection of the data created by the cookie and related to your website use (including your IP address) and processing of this data by Google through downloading and installing the following browser-plugin http://tools.google.com/dlpage/gaoptout?hl=de
The user profiles created by Google Analytics serve the purpose of visitor behavior analysis and are evaluated for improving and customizing of our offers.
The pseudonymised user profiles will not be connected with your personal data without your separate explicit consent.
3. Social Plugins
Facebook Social Plugins
elastic offers you the opportunity to recommend offers, services and/or products via Facebook. elastic uses Facebook’s social plugins for this purpose. These services are offered by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (Facebook). The list and the look of the Facebook social plugins can be viewed here and you can find other general information about the social plugins here.
When loading the internet site in your browser, the code of the social plugin will be directly requested by a Facebook server through your browser and integrated into the appearing elastic internet site in your browser. elastic has thus no influence on the scope of retrieved data by Facebook in this relation.
According to Facebook’s own information, Facebook saves date and time of your visit, the precise Internet address in which the social plugin is located and other technical data, e.g. IP address, browser type, operating system for a period of 90 days in order to optimize Facebook’s services. After expiry of the 90 days, the data will be anonymized so that they cannot be related to you any longer. You can find more information from Facebook here.
If you are logged-in on Facebook during a visit on a website of elastic, Facebook can associate the pages you visited to your Facebook account. Through the interaction with the social plugins (clicking etc.) the information evoked by the interaction will be transferred to and saved by Facebook. You can prevent this by logging-off Facebook prior to visiting our website.
It is also possible to generally block Facebook plugins. There are extensions for respective browsers for this purpose (e.g. the Facebook Blocker) which you have to install and activate on your respective browser. Facebook data protection notifications as well as further setting options for protecting your privacy are available here.
Please also inform yourself regarding Facebook under all provided links as Facebook’s data protection policies are frequently updated and amended due to the extended functionality of social plugins.
elastic offers you the opportunity to post offers, services and/or products and/or events etc. via Twitter. For this purpose, we use the service of Twitter Inc., 795 Folsom St., Suite 600, San Francisco, CA 94107 and an accordingly configured plugin.
The Tweet-Button enables you to share our contents via Twitter. The button shows the amount of Tweets regarding a shared content.
When loading the website in your browser, the code of the Tweet-Button will be directly requested by a Twitter Inc. server and integrated into the website appearing in your browser. We have thus no influence on the scope of data retrieved by Twitter Inc.
According to Twitter’s own information, Twitter Inc. saves the sent Tweet message and its metadata. This includes the following according to our estimation: Date and time of the Tweet, precise and/or shortened internet address on which the Tweet-Button is located and further technical data, e.g. IP address, browser type or your operation system. Twitter Inc. does not share the information of how long information is saved for. You can find further information of Twitter Inc.here.
Please inform yourself there as information of Twitter Inc. are frequently updated and amended due to extended or modified functionalities.
elastic offers you the opportunity to mark suppliers, services and/or products with the Google “+1” button and recommend these via your Google Plus network. This service is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States.
When loading the elastic website in your browser, the code of the “+1” button will be directly requested by a Google server through your browser and integrated into elastic’s appearing website in your browser. We have thus no influence on the scope of data retrieved by Google.
According to Google’s own information, Google records the information pertaining to your provided +1 content as well as information regarding the site that you were looking at when clicking +1, thus the internet address and your IP address other browser related information. You can access the +1 button data protection policies here.
If you are logged-onto your Google account, the recorded information will be allocated to your account/Plus-Account. Your +1 may be displayed as references together with your profile name and your photo in Google services, e.g. search results, or your Google profile or at other places on websites or internet ads.
According to Google’s own information, Google does not record your internet visits nor your permanent browsing history and neither evaluates your visit on a site with a +1 button in any other way. Google does however save some data short-term, usually for an approximate period of two weeks, regarding your visit for system maintenance and troubleshooting purposes. This data is however not structured according to individual profiles, usernames or URLs. You can find further information from Google here. You have full control over your +1 contents at all times. You can manage all your +1 via the +1 tab in your Google profile. If you do not want that Google collects and connects your data via our website to your Google Plus Account or Google account, you have to log-off from Google prior visiting our website.
You can obtain further information regarding purpose and scope of data collection, saving and processing by Google as well as settings here:
Please inform yourself there as data protection policies of Google products are frequently updated and amended due to extended functionality.
With newsletter registration, your e-mail address will be used for elastic information and advertisement until you cancel the newsletter. Cancellation is possible at any time. You have given your consent to the following either separate or explicitly during the ordering process, and we have recorded your consent. Pursuant to the German Telemedia Act we are obligated to make the content of consent available at any time.
You can revoke this consent effective for the future at any time by clicking “Unsubscribe Newsletter” at the end of the newsletter or sending your revocation to elastic to the following contact address:
Revoking your consent for receiving the newsletter will not cause any costs for you; except for transmission costs pursuant to the respective basic rates of your phone/internet provider.
If we received your e-mail address in connection with selling goods or services, we are also entitled to send you newsletters for direct advertising of our own similar goods or services without your (explicit) consent, unless you have rejected such use.
You can object to this use at any time with effect for the future without causing any costs other than transmission costs pursuant to basic tariffs.
Data protection of our users is a special concern for us. Your password protects your user account and should be thus a strong password that is not used elsewhere. You should restrict access to your computer and browser and you should log-off after using elastic services.
The elastic portal and our systems are protected through technical and organizational measures against loss, destruction, access, alteration or distribution of your data through unauthorized parties. A complete protection against all hazards is however not possible in-spite of frequent controls.
elastic shall be entitled to display advertisement or other contents that contain hyperlinks to third-party websites. Only the provider of the website referred to shall be liable for illegal, erroneous or incomplete contents and particularly for damages that result from use or non-use of these links. We have no influence particularly on the data protection measures and contents of the sites linked to.
7. Access and Update of Profile Data, Deletion
You can access and change your profile data via your account-settings.
8.Information about Saved Data, Contact
If you have any questions or comments about this data protection notification or your personal data, please contact us via [email protected] can certainly always request free of charge information regarding data we saved about you, e.g. via e-mail [email protected] We will answer within an appropriate period after proof of identity. You may possibly be entitled to request that your data will be corrected, suspended or deleted.
9. Change of Data Protection Notification
We will occasionally change this data protection notification in order to incorporate new functions, features, products or services and to ensure the protection of your personal data. These changes and the current data protection notification are available on this site for you anytime. If we are making material changes, particularly regarding collection, use or processing of your personal data, we will notify you of this via e-mail or inform you no later than during your next elastic login.