Terms and Conditions

Effective Date:  02.11.2023

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1. Introduction

(1) This website  "Saraswati Healing" and/or the services, including all associated mobile applications, are owned by Lea Schäfer and operated by it. These terms and conditions establish the terms under which visitors or users may visit or use the Site and/or the Services.

(2) By accessing and using the Services, you agree to these Terms and are legally bound by them. If you do not agree with all the Terms, you must not access the Site or use the Services. Please read these Terms carefully before accessing our Site or using the Services. These Terms provide you with information about who we are, how to use the Services, and what to do in case of issues.

(3) You represent that you are of legal age and have the legal authority, right, and freedom to enter into a binding agreement based on these Terms and to use the Services. If you are a minor, you can only use the Services with the consent of your parents or legal guardians.

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Permissible Use

(1) Our Services are provided for informational purposes and for private, non-commercial use only. When using our Services, you must comply with these Terms and all applicable laws.

(2) Unless expressly permitted by these Terms, it is not permissible: (i) to use our Services in an unlawful or fraudulent manner (including violating the rights of third parties) or for the purpose of collecting personal data or impersonating other Users; (ii) to alter or use our notices regarding copyright, trademarks, or other property rights, or to interfere with security-related features of our Services; (iii) to use our Services in any way to manipulate or falsify content or to undermine the integrity and accuracy of content or take actions to disrupt, damage, or interrupt parts of our Services; (iv) to use our Services to send, receive, upload/post, download, or transmit material that does not comply with our content standards; (v) to use our Services to send or enable the transmission of unwanted or unauthorized advertising or promotional material; (vi) to use our Services to transfer data or upload data to our Services that contains viruses, trojans, worms, time bombs, keystroke loggers, spyware, adware, or other harmful programs or similar computer code intended to interfere with the operation of computer software or hardware; (vii) to use robots, spiders, other automatic devices, or manual procedures to monitor or copy our website or other websites or content contained in our Services; (viii) to engage in conduct that restricts or hinders other Users in the use of our Services, or (ix) to use our Services for commercial purposes or in connection with any commercial activity conducted without our prior written consent. You agree to fully cooperate with us in investigating any activity that is suspected or actually violates these Terms.

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Intellectual Property Rights

(1) Our Services and related content, including all text, illustrations, files, images, software, scripts, graphics, photos, sounds, music, videos, information, materials, products, services, URLs, technology, documentation, trademarks, service marks, trade names, and trade dress, as well as interactive features and all intellectual property rights therein, are either owned by us or are licensed by us, and none of the language in these Terms grants you rights related to our intellectual property rights, unless expressly provided for here or required by mandatory legal provisions for the use of the Services. You do not acquire any rights, claims, or interests related to our intellectual property rights unless otherwise expressly stated here.

(2) If the Services include the provision of digital content, such as music or videos, the rights related to such content are granted to you as set out on the Site in connection with such content.

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User Content

(1) You may post text, files, images, photos, videos, sounds, musical works, copyrighted works, audio files, fonts, logos, trademarks, illustrations, compositions, applications, comments, information, and other appropriate material in or through the Services.

(2) By displaying or posting User Content through the Services, you hereby grant us a non-exclusive, fully paid, royalty-free, worldwide, limited license to use, modify, delete, add, publicly perform, publicly display, and reproduce such User Content as part of the Services through distribution of all or part of the Services in the appropriate media formats through the media channels supported by us, with the exception that User Content that has not been publicly  shared will not be distributed outside of the Services.

(3) You warrant and represent that: (i) the User Content uploaded or made available by you through the Services is your property, or you otherwise have the right to grant the license described in this section, (ii) posting and using your User Content through the Services do not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or other rights of third parties.

(4) If you believe that your work has been copied or otherwise used in a manner that constitutes a copyright infringement, you may notify us, providing the following information (you can find our contact details in the last section of these terms): (i) the contact details of the person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work that you believe has been infringed; (iii) a description of the material that you claim is infringing or subject to infringing activity and that needs to be removed or access to which needs to be blocked, along with sufficient information to enable us to locate the material (including the URL address); (iv) a statement that you are of good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, the owner's agent, or the law, and (v) a statement that the information in the notification is accurate, and a sworn affidavit that you are either the copyright owner or authorized to act on behalf of the copyright owner whose copyright is allegedly infringed.

(5) We reserve the right to inform the natural or legal person who reported the violation of any counter-notification and to provide all details contained therein.

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Disclaimer for Use of the Site and Services

The Services, our intellectual property rights, and all information, materials, and content provided in connection with them, made available to users free of charge, are provided without defects and availability guarantees and without any warranties of any kind, express or implied (warranties of fitness for a particular purpose or warranties regarding security, reliability, timeliness, accuracy, and performance of our services, among others) – except for cases of fraudulent non-disclosure of defects. We do not guarantee that free services will be provided without interruption and error-free or that they will meet your requirements. Access to the Services and the Site may be suspended or restricted due to repairs, maintenance, or updates.

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Indemnification

You agree to defend and hold us harmless from and against all actual or alleged claims, damage claims, costs, liabilities, and expenses (especially reasonable attorney's fees) arising out of or in connection with your use of the Website and the Services in violation of these terms, including, in particular, any use that violates the restrictions and requirements set out in the "Permissible Use" section or any User Content you uploaded or provided in violation of the warranties outlined in the "User Content" section unless these circumstances are not due to your fault.

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Limitation of Liability

(1) We shall only be liable for willful intent, gross negligence, for negligent injury to life, body, health, or for a slightly negligent violation of a material contractual obligation, and only in the case of paid services. A "material contractual obligation" means an obligation whose fulfillment is a prerequisite for the proper implementation of the agreement and on which you usually rely and can reasonably rely. Our liability for slight negligence in violation of a material contractual obligation is limited to the amount of typical and foreseeable damage for this type of contract.

(2) The above provisions apply to our contractual (including liability for wasted expenses) and non-contractual liability (including liability for unlawful acts) as well as to liability for acts before the conclusion of the contract (culpa in contrahendo). They also apply to our managing directors, executive employees, or other legal representatives, employees, and agents.

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Change of Terms and Services; Termination

(1) We reserve the right to change these terms from time to time at our sole discretion to account for changes in the law or the introduction of additional features that we may introduce or if we develop our business in other ways. Therefore, you should read these terms regularly and in any case when you register for a member account (if applicable). The new terms will apply to your use of the Service after they come into effect. If ongoing services you are using are affected by changes in the terms, we will take your legitimate interests into account in a reasonable manner. We will inform you of such changes in good time in advance. The changes are deemed accepted by you if you do not object to these changes within two months of this notification. We will draw your attention to this in our notification. If you object to the changes, we have a special right of termination – without further obligations to you – which becomes effective on the date the changes come into effect.

(2) We may change the Services, discontinue the provision of the Services or one or more features of the Services offered, or restrict the Services. We may permanently or temporarily terminate or suspend access to the Services or the Services themselves – without giving reasons and without further obligations. We will inform you in advance of such actions if this is possible in the circumstances and take your legitimate interests into account for such measures.

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Links to Third-Party Websites

The Services may contain links that allow you to leave the Site. Unless otherwise indicated, the linked sites are not under our control, and we are not responsible for the content of linked sites, for links contained on a linked site, or for changes or updates to such sites. We are not responsible for transmissions received from a linked site. Links to third-party websites are provided for informational purposes only. The fact that we have added links to other websites does not mean that we endorse their owner or content.

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Applicable Law

(1) These terms are subject to the laws of [Federal Republic of Germany] (without regard to conflict of laws), and shall be interpreted accordingly.

(2) The European Commission provides a platform for online dispute resolution (ODR), which can be accessed at: https://ec.europa.eu/consumers/odr/. Please note that we are not obliged to resolve disputes with consumers at alternative dispute resolution entities.

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Miscellaneous

(1) A waiver by either party of any breach or default under these terms does not constitute a waiver of any subsequent breach or default.

(2) The headings used in these terms are for convenience and have no legal significance.

(3) Unless expressly provided otherwise, if any part of these terms is deemed to be unlawful or unenforceable for any reason, then such part of the terms will be eliminated, and the remaining terms will continue to be in full force and effect.

(4) You may not assign, delegate, or otherwise transfer your agreement with us under these terms or any of your rights or obligations hereunder without our prior written consent.

(5) These terms constitute the entire agreement and supersede all prior written or oral agreements between you and us concerning the Services.

(6) The provisions of these terms that by their nature should survive the termination shall survive, including provisions concerning indemnification, disclaimers, limitations of liability, and this "Miscellaneous" section.

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Contact

To contact us, please send an email to:

Name: Lea Schäfer

Address: Töpferstrasse, Altenstadt, Germany

Email: saraswati.palmleaf@gmail.com