Terms and conditions

Terms and conditions and license agreement for users of MinQi

(Hereinafter collectively "Terms") the following terms of use and license agreements govern the use of MinQi services and the MinQi members area on the MinQi site (the "Members" called) and (hereinafter called the "User") the contractual relationship between you and (also referred to hereinafter as "Winyasa GmbH") us.

Please note that these "Terms and Conditions" apply only to the use of our digital offering and not our on-site sessions. The use of our onsite offer is subject to other provisions, which are set separately from the Winyasa GmbH.

At the beginning of each section we have summarized what is regulated in this paragraph. This summary is for clarity and does not contain any legally relevant content.

 

Note on the use restriction

MinQi online services available via mobile phones or computer browser.

The available and tested browsers include Microsoft Edge (Windows only available), Chrome, Firefox, and Safari current (MacOS only) in their versions. For safety MinQi is only supported by the latest browser versions. An Internet connection is required for the use of online MinQi services.

Note to the cost of data transmission

It can cost for the transmission of data between the computer and the user's mobile device and the server of our website will be transmitted. These costs are provided by the Internet provider charged. Users can contact their Internet service provider to find out the exact cost of data transmission.

1. Applicability

This section specifies who the MinQi services and may use the MinQi-members who we are, how to contact us and who may apply different terms.

1.1 The online services MinQi and the Members of MinQi may only be used by individuals whose use is not one of these services to their professional activity, whether commercial or freelance (consumers). If the user is not of legal age or to be represented by a third party, the use of MinQi services and MinQi members area is permitted only with prior consent (consent) of the authorized representative.

1.2 The services of MinQi and MinQi-members may only be used by private individuals. Any other use can be made only with the express written consent.

1.3 The provider of MinQi services, the MinQi site and MinQi members area is:

 

Winyasa GmbH,
Heßstr. 96

80797 Munich, Germany,

HRB 249062 (Munich District Court), Tax No .: 14319280325

Managing Director: Dr. Dolphins Bradt & Dr. Sarah Mahr

Contact:
E-mail: info@minqi.ioPhone : +49 (0) 89 5431 0178

 

The Winyasa GmbH is the contractual partner of the user and is available for questions about this statement, the MinQi services or the MinQi-members area.

1.4 These provisions apply to all MinQi services that can be used via www.Minqi.io/ www.MinQi.de.

 

2. The MinQi services

In this section we explain what the MinQi services includes and what services there.

2.1 The MinQi services include our online and offline services with which users can exercise their individual mental and physical health better, as well as exercises for the physical well-being, for certain situations in professional life, and for balance. The aim of MinQi services is to raise awareness of the users of health issues and give an incentive to actively take care of their own mental and physical health.

 

2.2 The user is offered the digital contents of MinQi services as "software as a service" over the MinQi-members. Digital content includes videos that contain exercises and / or other written and visual guidance. "Software as a Service" is a model in which the customer can use the agent software and the necessary IT structure of "software as a service" -Anbieters, the software is not itself transferred to the customer.

 

2.3 Foods or materials that are used by the Winyasa GmbH in MinQi videos or recommendations for action and coaching are not optionally be purchased separately part of MinQi services and need.

 

Extras) to the user content and exercises () mainly represented in the form of videos with physical exercises offered to certain areas of the body or specific issues related to mental ability and or mental well-being dedicated. This content includes exercises from yoga, enriched with exercises from similar fields, including meditation, mindfulness, self-acupressure. The content will be expanded over time and updated to improve the offer and expand. Meditation, mindfulness, self-acupressure. The content will be expanded over time and updated to improve the offer and expand. Meditation, mindfulness, self-acupressure. The content will be expanded over time and updated to improve the offer and expand.

 

2.5 MinQi services are chargeable and can be used directly after obtaining a personal MinQi subscriptions. MinQi subscriptions are personal and not transferable. Depending on the selected term of one MinQi subscription is valid for:

 

Purchasing by companies, insurance companies and health insurance companies (hereinafter "contractor"):

Unless otherwise agreed by contract, three (3) months / six (6) months or one (1) year with automatic renewals.

 

Personal purchase by the user (by special request):

One (1) month / three (3) months / six (6) months or one (1) year.

2.6 For contractors how companies (employers) or insurers / health insurance companies, which offer their employees / insured MinQi services, strikes and offline courses / on-site sessions before the Winyasa GmbH. This offer is subject to other provisions that are separate from the Winyasa GmbH provided.

 

2.7 For contractors how companies (employers) or insurers / health insurance, suggests the Winyasa GmbH also provides an anonymous evaluation of the use of MinQi services as well as interesting for their employees issues. This analysis does not apply to users who are not employees / insured of their respective companies or insurance / health insurance are, and is not necessarily indicative of the / workers or insured.

 

3. Health Notes

Please read the following very carefully, as they are very important for your health. What have you respect to respect your health before and during the use of MinQi services, click here.

3.1 Winyasa GmbH recommends users with underlying medical conditions, pregnant women or young people urgently consult a doctor before using the MinQi services and to discuss the use of MinQi services with a doctor. The instructions of the exercises are not usually intended for people with pre-existing conditions, pregnant women or young people.

 

3.2 You should be in good physical condition and to be able to join the exercises in order to participate in the program.

 

3.3 If you have a known disease, such as heart disease, physical discomfort, previous surgeries, cardiovascular disorders, lung disease, joint pain, disc herniation, pregnancy problems or other physical or health problems, you must always seek the advice of your doctor, whether it is safe to participate in the MinQi program or other training programs. In case of severe diseases / new operations / rehabilitation you need to have your participation in your doctor MinQi program.

3.4 When you participate in our on-site sessions, you are advised to inform the instructor about already treated by a doctor / therapist diseases and obtain prior express consent of the treating physician / therapist.

 

3.5 You should not try to diagnose yourself.

 

3.6 If the user decides that complaints associated with the use of MinQi services, recommends Winyasa GmbH, discontinue use of the MinQi services for now and see a doctor immediately.

 

3.7 While MinQi exercises were developed with the highest care for medical safety, you should understand that when participating in MinQi program is the possibility of injury. If you make our exercises, you agree that you do so at your own risk that you voluntarily participate in these activities, assume all risks of injury itself and the Winyasa GmbH from all known or unknown claims or causes of action, arising out of the MinQi program revealed rid and relieve.

 

3.8 The Winyasa GmbH (and their staff) are not licensed medical provider and explain that they have no expertise in the diagnosis, examination or treatment of diseases of any kind as well as in terms of determining the impact of a particular exercise on health. The information provided is not a substitute for professional medical advice, diagnosis or treatment. Participation in the MinQi program (on site and digital) does not replace visiting a doctor or other healing means a drug or psychotherapeutic setting. Users should never rely on information provided by a MinQi coach or MinQi videos available, rather than seek professional medical advice.

 

4. Registration and conclusion of contract

In this section you will learn how you can register for the MinQi services and when your contract come into force with us and the inclusion of these provisions.

4.1 To the Digital Content MinQi use, the user must register and create an account. A user is only allowed one account, the third party must not be made available. A user account is also not transferable.

4.2 The user can register on the MinQi site with an e-mail address of their choice (the "e-mail"). Users can also sign up with their access data from Facebook or Google. By registering a Facebook and Google account, the user as described in our Privacy Policy (https://www.minqi.io/datenschutzerklaerung) accepts the use of his personal data by both providers. Users can retrieve their own password, by clicking on the "Forgot your password?" Click at the bottom of the login screen for members of the site. After the user receives an email with a link to our home page, where the user is prompted for a new password.

 

5. Acquisition of the subscription

You need a person-related MinQi subscription (hereinafter also referred to as "" subscription ") to gain access to the members area MinQi. In this section you will learn how you can get a subscription.

There are three ways to get a subscription. These are either the provision by the employer of the user, the insurer / health insurance of the user or the user buys it himself.

 

5.1 purchase (coming soon) by the user

The user can purchase an individual subscription MinQi on MinQi site. The fees for the purchase and the duration are explicitly stated in the tenders. The user must acknowledge and accept, to gain access to the members of these provisions as well as the additional information about delivery restrictions and payment methods and the reference to the right of withdrawal. The user then has to complete its purchase by entering their payment details and click the button "Order" clicks. The user then receives an order confirmation to the specified in his order email address.

5.2 Purchase by the employer of the user

The Winyasa GmbH offers companies the opportunity to purchase a large number of personal MinQi subscriptions. By such subscription users get access to our member on the MinQi site. These digital services can by additional services, such as courses / sessions on site, be supplemented. These offers are adapted to the specific characteristics and needs of each company and is therefore subject to specific terms and conditions that put these terms and conditions will be disabled.

Companies can offer free individual subscriptions for access to our members area and services for their employees. This is to improve the health management. In addition, companies (employers) can get their employees an anonymous report about the use of MinQi and preferences.

Users that employees of the participating companies are able to register on the website and get an instant after the start of the program access to our member as soon as the company has supplied the full list of e-mail addresses of the users participating in the Winyasa GmbH. Companies and users are free to decide which type is used by e-mail to register (eg re-created personal or professional). After the user has registered on the MinQi site with the information provided by the employer e-mail, he gets access to the members.

If the user wishes in addition to employer-provided services MinQi / the taking of Winyasa GmbH, more services to complete, so the same rules apply as for the purchase by the user (Section 5.1).

5.3 Purchase on the insurer / health insurance user

The Winyasa GmbH offers insurers / health insurance, the possibility of a large amount of personal MinQi subscriptions to purchase and deliver the insured entgeltlos. This aims to raise awareness of the insured for health issues. The insurance company has the option to an anonymous report on the participation of Members in MinQi program to obtain. An order and payment by the user is not required. This is the responsibility of the respective insurer / health insurer. After registering on the site MinQi the user gets access to MinQi-members, his e-mail address provided by the insurance / health insurance to the Winyasa GmbH was transmitted.

 

6. Withdrawal

This section contains important details about your legal right for fee MinQi services.

6.1 Has purchased an individual subscription of users, so he has a right of termination.

 

6.2 Cancellation

 

6.2.1 Withdrawal

You have to terminate this Agreement without cause within fourteen days of the right. This withdrawal period is fourteen days from the date of the agreement.

To exercise your right of withdrawal, you need to rescind your decision from the contract in writing of (letter, fax or e-mail) to the following address: Winyasa GmbH, Heßstr. 96, 80797 Munich, Germany, E-Mail: info@minqi.io

To comply with the revocation period it is sufficient if you send your communication concerning the termination of the contract before the end of the revocation period. You can do so using the attached template, but it is not mandatory.

 

6.2.2 Effects of withdrawal

If you cancel the contract, all payments received from you will be refunded immediately and you get your money back within a maximum of 14 days. For this refund, we use the same payment method that you have chosen for the transaction unless expressly agreed otherwise. In no case costs are calculated for a refund.

Template for the withdrawal form

If you want to terminate the contract, please fill out this form and send it back to us.

- At the Winyasa GmbH, Heßstr. 96, 80797 Munich, Germany, E-Mail: info@minqi.io

- I / We (*) wishes to / withdraw from the from me to us (*) concluded contract for the purchase of the following goods (*) / following services (*)

- Ordered on the (*) / received on the (*)

- the consumer's name

- the consumer's address

- Signature of the consumer (for letter)

- date

all cross out what is wrong (*).

 

7. License and Intellectual Property

In this section we tell you how you may use the MinQi services and what rights you have to the MinQi services.

7.1 License for the MinQi-members on the site MinQi

 

7.1.1 With the adoption of these provisions by the user, the Winyasa GmbH guarantees the unlimited in time and space, basic rights of the user, the MinQi-Members on the MinQi site and the services of MinQi for private, non-commercial purposes under these rules to use.

 

7.1.2 The user is not entitled to sublicense or make the MinQi-members available to third parties or distribute the content published in MinQi-members or to make it publicly available.

 

7.1.3 The user is not allowed to edit the MinQi-members or decompile, unless this is expressly permitted by law. The reproduction right is limited to the time required for loading, displaying and operating the MinQi websites duplication. The user is not allowed to reverse engineer the Digital Content MinQi to disassemble or attempt to gain access to the source code of the website.

 

7.1.4 The license terms set out in paragraph 7.1 of the Digital Content MinQi also apply to any upgrades or improvements offered by the Winyasa GmbH the user and the MinQi member pages replace or change, unless the upgrades or improvements are subject to a other license.

 

7.2 License MinQi services (Software as a Service and other digital content)

 

7.2.1 With the adoption of these provisions by the user, the Winyasa GmbH MinQi services and their digital content under these rules for private, non-commercial purposes grants the user the unlimited, non-exclusive, non-transferable right to use. This right is limited to the duration of the MinQi subscriptions. The validity depends on the selected period (see Section 2). In the case of acquisition by the employer (section 5.2) or the insurer / health insurance (5.3) begins the validity of MinQi subscriptions to the date on which the employer or the insurer has requested the activation of the MinQi subscriptions, but at the latest the official launch of MinQi program in the company (kick-off -termin; if no kick-off appointment takes place: first course on site; if there is no on-site appointments with the companies: first Login participating employee).

 

7.2.2 MinQi services and digital content also contain copyrighted works of third parties (such as photos or written content). The Winyasa GmbH is entitled to make such content to the user as part of the MinQi services and these provisions are available. Unless a separate express agreement between the user and the third party, the license terms of 7.2 for MinQi services and digital content that has been produced by third parties.

 

7.2.3 MinQi is a registered trademark.

 

8. Privacy Policy

This section contains information on where you can find our privacy policy and how you can use these services to MinQi optimal.

8.1 The Winyasa GmbH collects, processes and uses personal user data as part of the MinQi services and MinQi members area and for order processing.

 

8.2 For the full scope and further details on the use of personal data, please see the privacy statements of Winyasa GmbH, which is provided to the user before the completion of the registration of his user account or when buying a MinQi subscriptions available. The privacy statement is also available on the website of MinQi below.

 

8.3 The user can use any name when registering for an account.

 

9. User Obligations

In this section we would like to point to certain obligations that have to be aware when using the MinQi services.

9.1 The user has to carry out the instructions in the MinQi services comply with instructions, this is especially true for the physical exercises in the MinQi videos.

 

9.2 If the user does not clearly understand the instructions, the user has to turn before the execution of the exercises to the Winyasa GmbH to clarify misunderstandings. This is free to the user. The contact details are listed in Section 1.3.

 

9.3 The Winyasa GmbH has the user once again that the health advice given in paragraph 3rd Failure to follow these instructions can lead to injuries and damage your health. This is especially true for users with pre-existing conditions, for young people or pregnant women.

 

9.4 The user has to inform the Winyasa GmbH immediately if he suspects that third parties have unauthorized access to their account. The same applies if the user becomes aware that the rights of Winyasa GmbH are violated by third parties.

 

9.5 If the rights of injured Winyasa GmbH or by third parties unauthorized access is reported to the user account, the user is intended to help to defend these rights or to clarify unauthorized access. This includes providing relevant information and documents.

 

9.6 The Winyasa GmbH strongly advises the user, the data that are on their mobile device or computer to back up regularly to keep the damage from a possible loss of data as low as possible.

 

9.7 of users is not of legal age, or must he be represented on other grounds by a third party in business affairs, he must obtain the prior consent of the representative before using the MinQi services and MinQi members area or before purchasing a subscription.

 

9.8 Pattern approval form for the use of MinQi by minors

Mr / Ms first name and surname Address

here expresses his explicit consent of his child

First name and surname of the child Address

Date of birth

Can the online services and online content of Winyasa GmbH and the brand names MinQi use (possibly at the expense of the employer or the insurer / health insurance). This includes the use of MinQi members area.

The undersigned has read the Terms and Conditions and understood.

-Datenschutzerklärung the Winyasa GmbH, accessible via the following link: https://www.minqi.io/datenschutzerklaerung

-These Terms and Conditions and License Agreement MinQi.

The signer is known to this consent without consequences at MinQi ( info@minqi.io may revoke) at any time. He is also aware, is that MinQi reserving the right to reject or approvals and / or specific functions of each member party at any time withdraw, if MinQi keeps the releases / features for the user to be inappropriate.

10. Defects, Availability and Warranty

This section explains what your rights are if the agreed quality is again not met.

10.1 The MinQi services and the MinQi member pages meet the product on the MinQi site. This product descriptions provide general information on the type of MinQi services and the MinQi Member area and provide a guarantee of in any way.

 

usually 10.2 Winyasa GmbH makes no guarantees, unless they are expressly and in writing as such.

 

10.3 The Winyasa GmbH is liable for defects in accordance with the applicable statutory provisions, in particular §§ 434 ff. BGB.

 

10.4 In updates, upgrades or new versions of the warranty claims are limited to improving the updates, upgrades or new versions compared to the previous.

 

10.5 The Winyasa GmbH does not guarantee that the services of MinQi actually improve the health and well-being of users. The Winyasa GmbH does not guarantee concrete success.

Some 10.6 MinQi services, such as breathing exercises are based on current scientific knowledge. The Winyasa GmbH does not guarantee that MinQi offers comply with the most recent research results.

 

10.7 MinQi services are stored on a central server provider. The Winyasa GmbH that MinQi will be available approximately 98% of the year guaranteed.

 

11. liability

This section explains for what shortcomings we are liable to what extent.

11.1 The following limitations of liability of this Section 11 shall not fraudulently concealed the defect or a warranty has taken over for the quality of the item for injury to life, limb or health or for liability under the product liability law or if the Winyasa GmbH. In addition, the following limitations do not apply unless the Winyasa GmbH or employees, legal representatives or agents of Winyasa GmbH, damage grossly negligently or intentionally caused.

 

11.2 When chargeable MinQi services and for damages in connection with the MinQi exercises the Winyasa GmbH is liable for the breach of a material contractual obligation (so-called. Cardinal obligation) through slight negligence only in the amount of the typical foreseeable damage. An essential contractual obligation exists if this obligation is necessary to fulfill contractual purposes and the user can rely on the performance of this duty.

 

11.3 For direct and indirect damages liable Winyasa GmbH only up to the amount that would be incurred in a proper and regular backup of the data by the loss of user data.

 

11.4 For everything else the Winyasa GmbH assumes no liability.

 

11.5 The liability provisions mentioned above in paragraph 11 apply the Winyasa GmbH for the employees, legal representatives or agents.

 

11.6 The Winyasa GmbH is not responsible for external links and digital content by third parties, provided that the Winyasa GmbH does not adopt these contents. The Winyasa GmbH checks the contents of each external links at the time the link was established, and external information is not permanently checked. Once the Winyasa receives GmbH aware of illegal content or activities in external links that Winyasa GmbH will immediately remove the link in question.

 

12. termination

In this section you will learn how you can terminate the contract and what happens to your data in lieu of notice if you no longer wish to use the MinQi services. You will also learn when we have the right to terminate the contract with you.

12.1 These provisions and the contract between the user and the Winyasa GmbH apply indefinitely, as long as the contract between the user and the Winyasa GmbH is not terminated by the user or the Winyasa GmbH.

 

12.2 The user is entitled to terminate the contract with the Winyasa GmbH in writing to the Winyasa GmbH the right. but is reimbursed fees for MinQi subscription only if the reason for the termination is a breach of Winyasa GmbH to its users and the MinQi subscription by the user and not acquired by a contractor was (see section 5.2, 5.3). The written termination letter should contain the e-mail user that was used to log on.

 

12.3 The Winyasa GmbH is entitled to terminate the contract with the user the right to, if repeated, the user violates the provisions of these regulations and the violation not refrain despite the request of Winyasa GmbH. The Winyasa GmbH also has to terminate the contract with the user when the user is despite a reminder with payment obligations under the subscription MinQi- in default the right.

 

12.4 Has MinQi subscription received from his employer, insurer or health insurers in accordance with paragraph 5.1.2 and 5.1.3 of these provisions, the user be and the contract between the employer, the insurer or the insurance company of the user and the Winyasa GmbH is terminated, it has the Winyasa GmbH to terminate the contract with the users also have the right. The user, however, the possibility of a MinQi subscription to purchase paid in Winyasa GmbH.

 

12.5 If the storage is not required by law, the data is permanently deleted by the user on the user's request.

 

6.12 The rules on legal right (section 6) shall be without prejudice to the provisions for termination.

 

13. Other provisions

This section contains additional provisions and us are essential for the contractual relationship between you.

13.1 Amendments to these regulations by the Winyasa GmbH must be notified to the user before it becomes effective. The announcement must be a clear message by e-mail at least three (3) weeks before the scheduled change in shape. If the user agrees to the modified rules do not expressly, the Winyasa GmbH is entitled to terminate the contract with the user the right. All costs arising from the payable Options shall be reimbursed proportionally. The latter does not apply if the user has received his subscription through his employer as described in Section 5.1.2.

 

13.2 If the user changes the purely editorial changes or compensation of loopholes these provisions relate not expressly within two (2) weeks after the announcement of the change in the MinQi services contradicts and continues to use the MinQi services, such changes are accepted as the user. The MinQi GmbH will inform the user separately in the respective notice of this right to object.

 

13.3 Amendments to these regulations must be in writing. This also applies to changes to this section 13.3.

 

13.4 The applicable law and jurisdiction of these provisions comply with the statutory provisions. CISG (CISG) shall not apply.

 

13.5 arise In the event that entrepreneurs MinQi services use or MinQi member area, or disputes over these provisions with the employer, German law applies excluding the UN sales law. Jurisdiction for disputes with employers is Munich.

 

13.6 The language of these provisions and of the contract between the user and the Winyasa GmbH is German. If these provisions are translated into other languages, in the case of contradictions, the German version shall prevail.

 

13.7 These regulations cancel any previous agreements MinQi services or MinQi-members between the user and the Winyasa GmbH. If there are special provisions for certain MinQi services or other products in the Winyasa GmbH, then these special provisions take precedence over those provisions.

 

13.8 The invalidity of individual provisions of these regulations affect the validity of the remaining provisions. In place of the ineffective regulations such regulations, which comply with the statutory provisions come. The same is true of these provisions for any loopholes.

 

14. Download and save these provisions.

In this final section contains information on where these provisions are permanent to find.

The Winyasa GmbH provides these provisions shall be permanently available to the user on the website at https://www.minqi.io/allgemeine-nutzungsbedingungen. That Winyasa GmbH recommends, however, to save a version of this policy on its own disk and permanently store the user.

Please note that the terms and conditions have been translated and in the case of disputes, the original German version will overrule the translated version.