last updated: 16 Dec. 2021
Welcome to SAMINA Sound Light Sleepsystem!
SAMINA Produktion- und Handels GmbH
Obere Lände 7
A-6820 Frastanz
Tel: +43 (0) 5522 53500
Fax: +43 (0) 5522 53500 20
Mail: [email protected]
Hereafter: ("SMAINA") provides our website located at www.samina.io/sleepsystem (the "Site") and our music, lighting and sleep system as well as self-development services that can be accessed through our Site and our mobile device application ("App"). For ease of reading these Terms, the Site, our Services, and the App are collectively referred to as the "Services". Please read these Terms of Use (the "Terms") carefully as they govern your use of our Services.
By using our services, you agree to be bound by these terms. If you do not agree to be bound by these terms, you may not use the services.
For information about how we collect, use and disclose information from our users, please see our Privacy Policy. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.
We may change the Terms at any time in our sole discretion. In such an event, we will notify you either by posting the changed Terms on the Site or in another communication. It is important that you review the Terms each time we change them because if you continue to use the Services after we post the changed Terms on the Site, you are indicating to us that you agree to be bound by the changed Terms. If you do not agree to be bound by the modified Terms, you may no longer use the Services. As our services evolve over time, we may change or discontinue the services in whole or in part at any time without prior notice and at our sole discretion.
Unless you object to arbitration within 30 days from the date you first agreed to these Terms in accordance with the objection procedure described in the "Arbitration Procedure" section below, and except for certain types of disputes discussed in the "Arbitration Procedure" section below, you agree that disputes between you and SAMINA shall be resolved by binding, individual arbitration, in which case you waive your right to a jury trial or to participate as a plaintiff or class representative in any purported class action or representative proceeding.
Authorization
You may only use the Services if you are 8 years of age or older and you are not prohibited from using the Services under any applicable law. To make a purchase through the Services (as explained in the "Purchases" section below), you must be at least 18 years old and able to form a legally binding contract.
Registration and your information
If you wish to use certain features of the Services, you must create an account ("Account"). You can do this through the App, the Site, or through your account on certain third-party social networking services such as Facebook (each, an "SNS Account"). If you choose the SNS Account option, we will create your Account by retrieving certain personal information from your SNS Account, such as your name and email address, and other personal information that your privacy settings allow us to retrieve on the SNS Account.
It is important that you provide us with accurate, complete, and current information for your account and agree to update this information as necessary to keep it accurate, complete and current. Otherwise, we may have to suspend or terminate your account. You agree that you will not disclose the password for your account to anyone else and that you will notify us immediately of any unauthorized use of your account. You are responsible for all activities that occur under your account, whether you have knowledge of them.
Users may choose from various options through the Services to create customized relaxation, music, wake-up, sleep, light therapy, and other sessions. You may also use the paid features of the Services to take advantage of the enhanced features of the Services or to purchase items available for purchase through the Services (the "Products"), as more fully explained in the "Purchases" section below.
You acknowledge and agree that the Services, Products, and any other information obtained from SAMINA are not intended, designed or intended to diagnose, prevent or treat any condition or disease, to determine your medical condition, or to be a substitute for professional medical treatment. Not all activities explained in the Services or Products are appropriate for every person. Do not use the Services while driving, operating heavy machinery, or performing other tasks that require attention and concentration. You acknowledge and agree that you are solely responsible for your use of the Services.
Fees
SAMINA offers certain advanced features of the Services that you may purchase as part of a fee. A description of the features associated with the item is available through the Services. When you purchase a subscription or product (each a "Transaction"), we may ask you for additional information relevant to your Transaction, such as your credit card number, credit card expiration date, and billing and delivery address(es) (this information is referred to as "Payment Information"). You represent and warrant that you have the legal right to use all payment methods included in such Payment Information. The amounts due and payable to you for any transaction through the Services will be displayed to you before you place your order. If you choose to initiate a transaction through the Services, you authorize us to share your payment information with third party service providers in order to complete your transaction and agree (a) to pay applicable fees and any taxes; (b) that SAMINA may charge your credit card or third party payment processing account, including but not limited to your App Store account or on any distribution platform (such as Apple App Store, Google Play or Amazon Appstore) on which the App is made available (each, an "App Provider"), for verification, pre-authorization and payment purposes; and (c) to pay for any additional fees that your App Provider, bank or other financial services provider may charge you and any taxes or fees that may apply to your order. You will receive a confirmation email once we have confirmed payment for your order. Your order is not binding on SAMINA until it has been accepted and confirmed by SAMINA. Any payments made are non-refundable and non-transferable, unless otherwise expressly provided for in these Terms of Use.
If you have any concerns or objections regarding any charges, you agree to contact us first with such concerns or objections, and you agree not to cancel or reject any credit card charges or third-party payment processing fees unless you have made a reasonable attempt to resolve the matter directly with SAMINA.
SAMINA reserves the right not to process your order or to cancel your order in certain circumstances, such as if your credit card is declined, if we suspect that the request or order is fraudulent in nature, or in other circumstances as SAMINA deems appropriate in its sole discretion. SAMINA also reserves the right, in its sole discretion, to take steps to verify your identity in connection with your order. You may be required to provide additional information to verify your identity prior to completing your transaction (such information falls within the definition of "Payment Information"). SAMINA will either not charge you or will refund you for orders that we do not process or cancel.
Ownership, transfer of risk
The transfer of risk and ownership of products purchased by you shall pass to you upon shipment from SAMINA's premises. All shipments are subject to SAMINA's general shipping terms and conditions.
Return Policy
If, for whatever reason, you are not satisfied with the product you have purchased and wish to return it, please see the Returns Policy , which explains how to return eligible products.
Automatic renewal of subscriptions until cancelled by you and how to cancel your subscription
All amounts are payable and billed as follows: (i) for one-time purchases (for example, light therapy or music tracks), at the time you place your order; and (ii) for monthly or annual subscriptions, at the start of the subscription and, because each such subscription automatically renews for an additional period equal to the period of the expired subscription until cancelled by you, at the time of each renewal until cancelled by you using the payment information you provide. You must cancel your monthly or annual subscription before it renews to avoid being charged for the next subscription period. If you purchased your subscription through the Site, You may cancel your subscription renewal at any time. , by sending an email to [email protected]If you purchased our subscription through an app provider, You may cancel your subscription renewal at any time. You can also cancel your subscription through the app provider (Playstore / Appstore). subscription period and continue to receive the ordered services until your current subscription period ends.
Changes to the price conditions for subscriptions
SAMINA reserves the right to change its subscription pricing terms at any time, and SAMINA will notify you of any such changes before they take effect. Changes to the pricing conditions will not apply retroactively and will only apply to subscription renewals after the amended pricing conditions have been notified to you. If you do not agree with SAMINA's amended pricing terms, you will have the option not to renew your subscription in accordance with the section "Automatic renewal of subscriptions until cancelled by you and how to cancel your subscription".
Future functions
You agree that your purchases are not contingent upon the delivery of any future features or functionality or upon any oral or written public statements by SAMINA regarding future features or functionality.
We welcome feedback, comments, and suggestions to improve the Services or Products ("Feedback"). You may email your Feedback to us at [email protected] You grant us a non-exclusive, worldwide, perpetual, irrevocable, fully paid-up, royalty-free, sublicensable and transferable license under all intellectual property rights you own or control to use, reproduce, modify, create derivative works based on, or otherwise exploit the Feedback for any purpose.
For purposes of these Terms, (i) "Content" means text, graphics, images, music, software, audio, video, copyrighted works of any kind, and information or other materials posted, generated, provided, or otherwise made available through the Services; and (ii) "User Content" means all Content that users (including you) provide to be made available through the Services. Content includes User Content without limitation.
Content rights
SAMINA does not claim any rights in User Content and nothing in these Terms shall be construed as limiting any rights you may have in relation to the use and exploitation of your User Content. Subject to the foregoing, SAMINA and its licensors are the exclusive owners of all right, title and interest in and to the Services and Content, including all related intellectual property rights. You acknowledge that the Services and Content are protected under copyright, trademark and other laws of Austria and other countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices located on or accompanying the Services or Content.
Rights granted by you to user content
By providing User Content through the Services, you hereby grant SAMINA a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, reproduce, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with the operation and provision of the Services and Content to you and other users.
Subject to your compliance with these Terms, SAMINA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, reproduce and display the Content solely in connection with your permitted use of the Services and solely for your own personal and non-commercial use.
Rights granted by SAMINA to Apps
Subject to your compliance with these Terms, SAMINA grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download and install one copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your personal and non-commercial purposes. SAMINA reserves all rights in the App not expressly granted to you under these Terms. You may copy the App solely to make a reasonable number of copies for backup or archival purposes. Except as expressly permitted under these Terms, you may not: (i) copy, modify or create derivative works based on the App; (ii) distribute, transfer, sublicense, lease, loan or rent the App to any third party; (iii) reverse engineer, decompile or disassemble the App; or (iv) make the functionality of the App available to multiple users in any manner.
Additional conditions for apps from app stores
If you have accessed or downloaded the App from the Apple Store, then you agree to use the App only: (i) on an Apple-branded product or device running iOS (Apple's proprietary operating system software); and (ii) in accordance with the "Usage Rules" contained in the Apple Store Terms of Use.
If you have accessed or downloaded the App from an App Provider, you acknowledge and agree that:
You agree not to perform any of the following activities:
Although we have no obligation to monitor access to or use of the Services or Content, or to review or edit Content, we have the right to do so for the purpose of providing the Services, to ensure compliance with these Terms, and to comply with any applicable laws or other legal requirements. We reserve the right, but have no obligation, to remove or disable access to Content at any time and without notice, including, but not limited to, if we conclude in our sole discretion that Content is objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct involving these Services. We may also consult with law enforcement authorities and cooperate with you in prosecuting users who violate laws.
The Services and the App may contain links to third-party websites or resources. We provide these links solely as a convenience to you and are not responsible for any content, products, or services on or available from such websites or resources, or any links listed on such websites. You acknowledge that you are solely responsible for your use of any third-party website or resource and bear all risks associated therewith.
We may, in our sole discretion, terminate your access to and use of the Services at any time without notice. You may cancel your account at any time by sending an email to [email protected] If you purchase a subscription through an app provider, you should also cancel your subscription directly with the app provider. Upon any termination, suspension or cancellation of the Services or your account, all of these Terms, which by their nature should survive, will continue to apply, including, but not limited to, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.
The services, products and content are provided "as is" without warranties of any kind. Without limiting the foregoing, we expressly disclaim all warranties of merchantability, fitness for a particular purpose, non-infringement or non-infringement, and all warranties arising from course of dealing or usage of trade.
We do not warrant that the Services or Products will meet your requirements or be available on an uninterrupted, secure or error-free basis. We make no warranties as to the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any Content.
You will indemnify and hold SAMINA and its officers, directors, employees, and agents harmless from and against any and all claims, disputes, demands, liabilities, damages, losses and costs and expenses, including without limitation reasonable legal and accounting fees, related to (i) your access to or use of the Services or Content or (ii) any breach by you of these Terms.
Neither SAMINA nor any other party involved in creating, producing, or delivering the Services, Products, or Content shall be liable for any incidental, special, exemplary, or consequential damages, including, without limitation, lost profits, lost data or goodwill, service interruption, computer damage or system failure, or the cost of substitute services or products arising out of or in connection with these Terms or the use or inability to use the Services, Products or Content, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and regardless of whether SAMINA has been advised of the possibility of such damages, even if it is determined that a limited remedy provided herein has failed of its essential purpose. Some jurisdictions allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
In no event shall SAMINA's total liability arising in connection with these Terms or the use or inability to use the Services, Products or Content exceed the amounts paid by you to SAMINA for the use of the Services, Products or Content, or fifty EURO (€50) if you had no payment obligations to SAMINA. The exclusion and limitations of the foregoing indemnification amounts are essential elements of the basis upon which the agreement between SAMINA and you is based.
Dispute resolution
These Terms and all related actions shall be governed by and construed in accordance with the laws of the State of Vorarlberg, Austria, excluding its conflict of law provisions.
Arbitration agreement
You and SAMINA agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services, Products or Content (collectively, "Disputes") shall be resolved by binding arbitration, except that each party shall continue to have the right: (i) bring an individual action [courts whose jurisdiction is limited to monetary claims in contract or tort up to a specified limit (between €200 and €1000) and for which counsel is not required]; and (ii) seek injunctive or other equitable relief from a court of competent jurisdiction, to prevent the actual or threatened infringement, violation or misappropriation of any copyright, trademark, trade secret, patent or other intellectual property right of any party (the action described in clause (ii) above being referred to as an "Intellectual Property Action"). Without limiting the foregoing sentence, you shall also have the right to pursue any other dispute in court if you notify SAMINA of such intention in writing by email to [email protected] within thirty (30) days of the date you first agreed to these Terms (such notice shall be referred to as a "Notice to Oppose Arbitration"). If you do not provide SAMINA with such Notice to Object to Arbitration within the thirty (30) day period, you will be deemed to have knowingly and willfully waived your right to pursue any Dispute in court, except as otherwise expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue for any intellectual property action or, if you provide SAMINA with a timely notice of objection to arbitration, the exclusive jurisdiction and venue shall be the state and federal courts located in Austria, and each party hereto hereby waives any objection to the jurisdiction of such courts and venue. Unless you timely provide SAMINA with a notice of objection to arbitration, you acknowledge and agree that you and SAMINA each waive the right to a jury trial or to participate as a plaintiff or class representative in any proceeding designated as a class action or representative proceeding. In addition, unless you and SAMINA otherwise agree in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any type of class or representative proceeding. If this specific paragraph is found to be unenforceable, the entire Dispute Resolution section shall be deemed null and void. Except as otherwise provided in the preceding sentence, this "Dispute Resolution" paragraph shall survive any termination of these Terms.
The arbitration will be conducted by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules then in effect and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules"), except as otherwise provided in this Dispute Resolution Section. (The AAA Rules may be obtained at www.adr.org/arb_med or by calling the AAA at +1-800-778-7879). The Federal Arbitration Act governs the interpretation and enforcement of this section.
A party wishing to initiate arbitration must provide the other party with a written Demand for Arbitration in accordance with the AAA Rules. (The AAA provides a form for a general Demand for Arbitration and a separate form for a Demand for Arbitration for California residents.) The arbitrator shall be either a retired judge or a licensed attorney and shall be selected by the parties from the AAA's list of arbitrators. If the parties cannot agree on an arbitrator within seven (7) days of service of the Request for Arbitration, the AAA shall appoint an arbitrator in accordance with the AAA Rules.
Unless you and SAMINA agree otherwise, the arbitration will be conducted in the district in which you reside. If your claim does not exceed $10,000, the arbitration will be conducted solely on the basis of the documents you and SAMINA submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing is determined by the AAA Rules. Pursuant to the AAA Rules, the arbitral tribunal has the discretion to arrange for an appropriate exchange of information between the parties consistent with the expedited nature of the arbitration.
The arbitrator shall render a judgment within the time limits set forth in the AAA Rules. The award shall contain the essential findings and conclusions upon which the arbitrator based the award. The award may be submitted to any court having jurisdiction thereof for decision. The damages awarded by the arbitrator in the award shall be consistent with the provisions of the Limitation of Liability section above with respect to the types and amounts of damages for which a party may be held liable. The arbitrator may enter a declaratory judgment or grant injunctive relief only in favor of the claimant and shall be limited to that which the claimant has requested in his or her corresponding individual action. If you win the arbitration, you will be entitled to reimbursement of your attorneys' fees and expenses to the extent provided under applicable law. SAMINA does not seek reimbursement of attorneys' fees and expenses and hereby waives any rights SAMINA may have under applicable law to recover attorneys' fees and expenses if SAMINA wins the arbitration.
Your obligation to pay AAA filing, administrative and arbitrator fees is determined solely by the AAA Rules. However, if your claim for damages does not exceed $20,000, SAMINA will pay all such fees unless the arbitrator determines that either the substance of your claim or the relief sought in your request for arbitration was without merit or was raised for an improper purpose (as measured by the standards in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the "Changes to Terms of Use" section above, if SAMINA changes this "Dispute Resolution" section after the date you first agreed to these Terms (or agreed to any subsequent changes to these Terms), you may reject any such changes by providing written notice (including by email to [email protected] ) within 30 days of the date such change became effective, as shown above in the "Last Updated" section or in the date of the email from SAMINA to you notifying you of the change. By opting out of any changes, you agree that you will resolve any disputes between you and SAMINA by arbitration in accordance with the provisions of this "Dispute Resolution" section as of the date you first agreed to these Terms (or agreed to any subsequent changes to these Terms).
These Terms constitute the entire and exclusive understanding and agreement between SAMINA and you with respect to the Services, Products and Content, and these Terms supersede and replace any prior oral or written agreements between SAMINA and you with respect to the Services, Products and Content. If any provision of these Terms is found to be invalid or unenforceable (either by an arbitrator determined in accordance with the terms of the "Arbitration" section above or by a court of competent jurisdiction, but only if you have timely objected to arbitration by submitting the Notice of Objection to Arbitration in accordance with the terms set forth above), such provision shall be enforced to the maximum extent permissible, and the other provisions of these Terms shall remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without SAMINA's prior written consent. Any attempted assignment by you of these Terms without such consent shall be void and of no effect. SAMINA may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms shall inure to the benefit of and be binding upon the parties, your successors and permitted assigns.
All notices or other communications from SAMINA under these Terms, including any such related amendments to these Terms, shall be made: (i) by SAMINA via email, or (ii) by posting on the Services. In the case of notices sent by email, the date of delivery shall be deemed to be the date on which such notice was given.
SAMINA's failure to enforce any right or provision of these Terms and Conditions shall not be deemed a waiver of such right or provision. No waiver of any such right or provision shall be effective unless in writing and signed by a duly authorized representative of SAMINA. Except as otherwise expressly provided in these Terms, any exercise by a party of its rights under these Terms shall be without prejudice to any other rights it may have under these Terms or otherwise.
If you have any questions about these Terms or the Services or Products, please contact SAMINA at [email protected]
