Equalista Terms of Service
1. General Information
These Terms of Service (hereinafter referred to as “Terms”) govern the access and the use of the services provided and operated by Equalista GmbH, Berliner Straße 9,15377 Buckow, (hereinafter referred to as “Equalista”), namely the services provided through our mobile application Equalista (hereinafter referred to as “Equalista App”) and all services provided through the Equalista website http://www.equalista.com (hereinafter jointly referred to as “Services”).
Upon registration in the App, the Terms must be explicitly accepted. Any other explicit agreements regarding the content of the contract shall take precedence over these Terms.
By using our Services, our users agree to be bound by these Terms. Please read them carefully and if you do not agree to be bound by these Terms, do not use our Services. Equalista reserves the right to make, at its discretion, any type of modifications, amendments, and updates to the Terms and to the Services at any given time without prior notice. As soon as they have been posted on our Site, these changes must be accepted by the User to continue using our App. Please be informed that changes shall be considered as accepted if the User continues using the Services after the date in which the changes are available on our Site and/or in the App.
Equalista is a learning app providing learning and informational content around gender equality and social justice topics based on thorough research. These topics often involve individual traumatic experiences. The Equalista Services are not intended to provide legal or therapeutic advice. For legal or therapeutic advice tailored to your specific, individual needs, please always consult a qualified professional. Equalista is not a substitute for legal or therapeutic consultations, and the use of the Equalista Services is at your own risk. Should you feel any mental or physical distress caused by the use of the Equalista Services, please stop using them and seek professional help. No therapeutic or legal advice can be provided by us, but if you have any complaint, comment or feedback on the Equalista Services, please contact us at email@example.com. When using the Equalista Services, you explicitly agree to use the respective service for the intended purposes only and as per the Terms described herein.
3. Scope of the Equalista Services, the Equalista App and Equalista Plus
The Equalista App is aiming to provide general and learning information about gender equality and other social justice topics.
Equalista is intended for use on iOS and Android mobile devices.
Some basic functions and content is offered free of charge, while access to more comprehensive functions and content is paid (the “Paid Services”). The free Equalista App can be purchased free of charge from the relevant app store (the Apple App Store if you have an iPhone, or the Google Play Store if you have an Android phone). Additionally, you can purchase the Paid Services, Equalista Plus, through the basic Equalista App. Equalista offers a free trial period for the yearly subscription for the Paid Services. The free trial can be canceled at any time during the free trial and you will not be charged for a subscription.
4. Creating an Equalista account
Your account registration or order may be accepted by activating the relevant service, i.e. without a specific written confirmation or acceptance of user registrations from our end. Furthermore, we may, at our own discretion, refuse to create an account that may interfere with the Equalista Services.
5. Equalista Plus Paid Services
Certain features and enhanced functionality are offered as Paid Services and can be purchased through the free Equalista App. These services – referred to as Equalista Plus – are generally tied to a subscription, i.e. the periodic purchase of the services for a fixed period of time and for a specific price.
The effective price offer is shown prior to purchase on the buy screen in the Equalista app as well as in the relevant app store (Apple App Store or Google Play store).
Just like the Equalista app itself, Equalista Plus can only be purchased through the third-party platform operators Apple App Store and Google Play Store. Therefore, when you make a purchase within the Equalista App, you additionally enter into a separate contract with the respective third-party service provider, governed by their respective terms and conditions. Any rights of cancellation and revocation must be exercised against these service third-party providers.
The Equalista Plus Paid Services generally require a subscription for which you will be charged once in the duration period of your subscription (such as on a monthly or yearly basis). This subscription will be automatically renewed at the same non-discounted price at the end of the current subscription period unless the subscription has been canceled, respectively auto-renewals have been disabled.
We are entitled to block access to the relevant Paid Services until full payment has been received.
6. Gift Subscriptions
“Gift Subscriptions” are pre-paid subscriptions for the Paid Services of the Equalista App. Gift subscriptions are paid for by a one-time upfront payment. Once bought, the person who purchased the gift subscription will receive an individual gift voucher code, an order confirmation, and a receipt. The Equalista gift subscription voucher code will be sent to the person who bought the gift subscription to the email address that has been provided during the purchasing process. Voucher codes can only be used once and cannot be redeemed for cash, resold, or combined with any other offers, including free trials. Please note that gift codes cannot be redeemed if the Recipient has already purchased a subscription through the Apple iTunes Store or our iPhone application, or the Google Play Store or our Android application. We will automatically bill the Payment Method you provided for any purchased gift subscriptions at the time of purchase, not the delivery. There are no refunds or other credits for gift subscriptions that are not redeemed. Equalista is not responsible if a gift subscription is lost, stolen, or used without permission. Gift subscriptions do not renew automatically.
7. Your rights and duties as a user
Your user account may not be transferred to third parties. Equalista may only be used for your own private purposes. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, Equalista or our partners from identity theft or other fraudulent activity.
To maintain control over the account and to prevent anyone from accessing the account, the Account Owner should maintain control over the Equalista ready devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone.
Additionally, you are explicitly not permitted to
- release the access data sent or used for authentication and identification to third parties or to pass them on to third parties;
- remove or obscure copyright notices and/or notices regarding trademarks or other intellectual property rights of Equalista, transfer or assign rights or obligations under these Terms to third parties;
- bypass the access control systems of paid services or to take other measures in order to use services without authorization.
When you use the Equalista App and services provided through the app, any contractual obligations with third parties need to be observed, in particular with your internet access provider and the relevant app store operator.
You must regularly update your operating systems and the version of the Equalista App on your device for the best experience of the Equalista Services. Also, certain activations may be required to make full use of the service. For technical improvements or enhancing of the Equalista App occasionally, updates will be automatically downloaded and installed without specifically informing you. Hereby you agree that we may implement such updates as part of your use of the Equalista Services.
All the content made available within the Equalista App or on our website is subject to international copyright law unless otherwise indicated. Our written consent is required for the reproduction, processing, distribution and any form of commercial exploitation of the content, services, text, images and software.
Using our services does not give you any legal rights, titles or legal interests in our services or software. All services and software are protected by copyright law, trademark law, intellectual property rights and other laws, as applicable.
The Equalista app is a software program protected by copyright. As a user, you are granted a simple, non-exclusive, non-transferable, and revocable right for personal use only. You are not permitted to lease, rent, or otherwise transfer the app and/or its contents. Further, you are not entitled to decompile, change, or edit the App beyond the extent permissible by law.
The commercial use or retransmission of the Equalista Services is prohibited.
The content provided with the Equalista Services has been compiled with the greatest care. Nevertheless, we cannot accept any liability for the accuracy, completeness and currency of the content.
We expressly point out that any recommendations provided in the context of the Equalista Services are general in nature and aimed at users who are generally healthy and physically and mentally fit. We give references to published research and other sources wherever possible, so that you can find out more and evaluate the information for yourself. If you choose to follow any such general recommendations, you do so at your own risk. If you have any doubt as to whether this is appropriate for you, please speak to a qualified professional such as a gender equality advisor or therapist.
Neither Equalista nor any other party involved in creating or delivering the Services or Content will be liable for any direct or indirect damages, including, but not limited to, lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these Terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Equalista has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation applies to you to the extent permitted by law.
Equalista’s total liability arising out of or in connection with these Terms or from the use of or inability to use the Services shall not exceed the amounts you have paid to Equalista for use of the Services. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between you and Equalista.
This clause shall not affect the rights you may have as a consumer according to the applicable law.
10. Contract duration, termination, refunds
For the free Equalista service you may terminate the contractual relationship with us at any time by deleting your account. To delete your account, please send us an email to firstname.lastname@example.org.
The Paid Services are active for the term initially agreed. For the purposes of our monthly and yearly subscriptions, a month constitutes 30 calendar days and a year constitutes 365 calendar days. At the end of the term, the contract is automatically extended by a time period equal to the agreed term, but by no more than one year, unless you or we terminate it before the end of the agreed term.
We may suspend or terminate the contract as well as the use of our services at our sole discretion and without further notice as a result of your fraud or breach of any obligation under these Terms. A breach of these Terms includes without limitation, the breach of the copyright provisions. Such a termination or suspension may be immediate and without notice.
Contractual relationships related to the use of Paid Services that were originally entered into via the Apple App Store or the Google Play Store can, for legal and technical reasons, only be terminated via the respective app stores. In these cases, Apple and Google act as resellers of the services, and the terms and conditions of the Apple App Store and the Google Play Store apply. According to Google and Apple, notice of termination must be provided no later than 24 hours before the renewal of the subscription.
The right to an extraordinary termination for good cause remains unaffected. Good cause shall include the breach of the contractual and legal obligations under these Terms, including any obligations entered into under your contract with the Apple App Store or the Google Play Store, or if the contractual relationship cannot be reasonably upheld until the termination of the initial period considering all circumstances for which the user cannot be called to account. For such a termination no prior notice of termination is necessary.
11. Other provisions
Whilst we strive to ensure an undisrupted operation and availability of the Equalista App to the greatest extent possible, we cannot guarantee a disruption-free operation or a specific level of availability. Access, wholly or partly, temporary or permanent, may be restricted without providing reasons. No claims shall exist concerning the maintenance of individual functionalities of the Equalista App. At any given time we are entitled to amend, change or remove content, services, and functionalities within the Equalista App, to provide new content, services, and functionalities, or to discontinue the Equalista App entirely. This includes “paywalling” of all or certain services that were previously free of charge, as well as their partial or complete discontinuation.
Governing law: German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
Jurisdiction: To the extent permissible by law, all disputes arising under these Terms shall be heard in the courts of our registered place of business in Buckow, Germany. Notwithstanding the foregoing, we are also entitled to sue you under these Terms in your place of domicile.
In the event of a complaint against us, you can contact the European Online Dispute Resolution platform at any time: https://ec.europa.eu/consumers/odr/. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.
If individual provisions within these Terms are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties had pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the provisions prove to be incomplete.