1. The contractual partner of the user and owner of the software is Aumio GmbH – Commercial Register: Amtsgericht Charlottenburg, registration number HRB 226112 B (hereinafter referred to as “Aumio”). Detailed information about Aumio can be obtained on the website aumio.de under the “Impressum” section. Aumio offers its service accessible through a mobile application via the internet (hereinafter referred to as “Aumio App”). The Aumio App is a learning platform that provides its users, especially children and adolescents, with various services (hereinafter referred to as “Service”) for learning mindfulness and meditation techniques. Parents, teachers, and other professionals can use the Aumio App to accompany children and adolescents in their learning process. Aumio’s service is partially chargeable. The chargeable content of the service is divided into different categories and accordingly marked. The details of these service offerings are described by Aumio and uploaded to the Aumio App.
1.2 These General Terms and Conditions (hereinafter referred to as “AGB”) apply to the use of the platform. The user’s use of the Aumio App or the Service is exclusively based on these AGB, unless Aumio and the user have expressly and in writing agreed otherwise in individual cases. The current version of the AGB can be accessed on Aumio’s website at aumio.de/agb, as well as through an internet-based browser view in the Aumio App. Aumio is entitled to change or supplement these AGB at any time unless this is unreasonable for the users. Aumio will notify the users in a timely manner of any changes and publish them on Aumio’s website. If the user does not object to the changes to the AGB within six (6) weeks after the notification, the amended AGB shall be deemed accepted by the respective user. The notification explicitly informs the user about their right to object and the significance of the objection period. In the event of the user’s objection to the changes or supplements to the AGB, Aumio is entitled to terminate the user agreement based on these AGB with a notice period of four (4) weeks. Contrary, additional, or deviating conditions of the user shall not become part of the contract unless expressly agreed upon in writing between the parties.
1.3 These General Terms and Conditions can be displayed and saved as a PDF file (aumio.de/agb-pdf). Users are also entitled to print them. The user can access, print, and save the General Terms and Conditions at any time on Aumio’s website.
1.4 References to the applicability of statutory provisions are for clarification purposes only. Therefore, even without such clarification, the statutory provisions apply, unless they are directly modified or expressly excluded in this contract.
2.1 The subject matter of this contract is the granting of the right to use Aumio’s service to the user via the internet medium. The current scope of functions of the service as software is determined by its current performance description on Aumio’s website at aumio.de/preise.
2.2 As part of the use of the Aumio App, which is subject to this user agreement based on these AGB, Aumio provides its users with an overview of all available service offerings through access to the Aumio App. Aumio only makes the Aumio App available to users for use and allows them to access it. Neither the source code nor the object code of the software is transferred to the user. Users are only provided with the technical possibility and authorization to access and use the Aumio App, whose content is hosted on a central server, via the internet using a mobile application.
3.1 By installing the Aumio App, the user enters into a user agreement with Aumio based on these AGB and can use the free content of the Aumio App. Within the scope of this user agreement, Aumio grants the user a non-exclusive and non-transferable right to use the Service referred to in these General Terms and Conditions based on the software during the term of the user agreement, in accordance with the intended use of the Services as software, based on these AGB in the current version, partly for a fee and partly free of charge over the internet. The user may only modify the software underlying the Service to the extent covered by the intended use of the software according to the current performance description. The user may only reproduce the software to the extent covered by the intended use of the software according to the current performance description. Temporary installation or storage of the software on data carriers (such as hard drives or similar) of the user’s hardware, excluding the installation of the Aumio App on a user’s device, is not considered necessary reproduction. The user is not entitled to provide the software to third parties, either for a fee or free of charge. The user is explicitly prohibited from subleasing the software.
3.2 The user agreement regulates the rights and obligations of the user regarding the use of the Aumio App. Aumio is not obligated to provide the Aumio App for all devices or at all times. However, Aumio may send messages to the user to inform them about news and developments. Aumio reserves the right to make technical and content changes and developments to the Aumio App. Aumio and its advertising partners may supplement service-related information through the Aumio App with additional information or advertising, such as from sponsors. The user will only receive notifications about Aumio’s marketing activities (hereinafter “Newsletter”) if they have consented to receiving the Newsletter. The user can unsubscribe from the Newsletter at any time by clicking on the “Unsubscribe” button in the Newsletter. In this case, the user’s email address will be removed from the Newsletter distribution list.
3.3 The user is expressly and particularly informed that Aumio’s services cannot replace medical or therapeutic treatment. Aumio strongly advises parents or guardians to consult with a doctor or therapist and, if necessary, supervise the use of the services by children on an individual basis.
In order to access the full range of the Aumio App (including the paid content), the user needs to purchase the corresponding service offerings through the respective store (“subscription”). To do so, the user submits their request to acquire the corresponding service offering through the respective store. The conclusion of the contract regarding the acquisition of the corresponding service offering is made with the operator of the respective store. However, it is at Aumio’s discretion to decide whether something will be unlocked.
5.1 The user agreement has an indefinite duration. Regarding the paid use of the service offerings, the duration of this subscription may be limited to a specific period of time according to the user’s selection during the acquisition process as defined in Section 4 of these Terms and Conditions. The specific duration of the subscription may be automatically extended according to the provisions of the respective app store.
5.2 The user agreement can be terminated by either party at any time with immediate effect through the Aumio App. However, if the user still has an ongoing subscription period, termination cannot occur before the expiration of that specific subscription period and will result in the termination of the user agreement and service at the end of the current subscription period.
5.3 The user agreement, as well as the subscription if applicable, may also be terminated by either party without notice for good cause, in writing.
Good cause for Aumio includes, but is not limited to:
5.3.1 The user fails to make due payments despite reminders and a grace period, or violates the contractual provisions regarding the use of the platform.
5.3.2 The user becomes subject to insolvency proceedings or the opening of insolvency proceedings is rejected due to lack of assets, or a similarly serious procedure is initiated against the user.
5.3.3 The user violates their material contractual obligations or another essential provision of this agreement, provided that this breach is not remedied within seven (7) calendar days after Aumio’s request.
5.4 Alternatively to Section 5.3, in these cases, Aumio may simply block the user’s access to their account or the paid content in the Aumio App.
5.5 Termination must be in written form. The user may need to cancel their subscription through the respective app store.
5.6 Termination results in the dissolution of this collaboration based on the Terms and Conditions (user agreement), and in particular, but not limited to, the blocking of access rights to the use of the service or the Aumio App. The contracting parties will promptly settle any existing rights and obligations in accordance with this agreement to ensure a timely and orderly termination.
5.7 Aumio is not responsible for securing the information stored in the user’s account and profile. Therefore, the user is advised to timely secure their relevant data, as permissible under this agreement, on a storage medium independent of Aumio, before the end of the contract period.
6.1 Aumio receives compensation from the user for the paid part of the service agreed upon within these Terms and Conditions. The amount of the compensation is determined by the service offering selected by the user during the subscription purchase process (in particular, as defined in Section 4 of these Terms and Conditions).
6.2 The fees according to Section 6.1 of these Terms and Conditions are understood as gross amounts (including the applicable value-added tax). In the event of a binding acquisition of the paid part of the service through the respective app store, the user is obligated to make payments according to the chosen payment process and the specified due date in the respective app store. The different payment methods are specified in the booking process and the FAQs of the Aumio App.
6.3 The user will receive an electronic receipt after each booking, if applicable, through the respective app store.
7.2 Aumio is permitted to collect, process, store, and use the provided personal data to the extent necessary for the performance of the usage agreement. These data will be used by Aumio for the provision of the service.
7.3 Unless otherwise specified in this agreement, Aumio will not disclose personal data to unauthorized third parties. Furthermore, in accordance with legal provisions, Aumio provides users with free and prompt information about the personal data stored by them.
8.1 Aumio guarantees the functionality of the software in accordance with the provisions of these terms and conditions.
8.2 In the event that Aumio’s services are used by unauthorized third parties using the user’s access data, the user shall be liable for any resulting charges within the scope of civil liability until the user notifies Aumio of the need to change the access data or reports the loss or theft, provided that the user is at fault for the unauthorized third-party access.
8.3 The use of the service and the Aumio App is at the user’s own risk.
8.4 Aumio shall be liable for damages – regardless of the legal basis – in cases of willful intent and gross negligence within the framework of liability for fault. In cases of ordinary negligence, Aumio’s liability is limited to the extent allowed by applicable statutory provisions (e.g., for ordinary negligence in the conduct of its own affairs), only:
a) for damages resulting from the violation of life, body, or health, b) for damages resulting from the significant breach of a material contractual obligation (an obligation whose fulfillment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies or may rely) and for compensation for default damages (Section 286 of the German Civil Code); in this case, Aumio’s liability is limited to the foreseeable, typically occurring damage.
8.5 Aumio shall not be liable for the loss of data to the extent that the damage is based on the user’s failure to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
9.1 Aumio will promptly rectify all software errors to the extent technically possible. An error exists when the software, as the basis of the service, does not fulfill the functions specified in the performance description, delivers faulty results, or does not function properly in any other way, making the use of the software impossible or limited.
9.2 Aumio continuously develops the software and will improve it through ongoing updates and upgrades. Adjustments, changes, and additions to the Aumio App, as well as measures aimed at identifying and rectifying malfunctions, will only lead to temporary interruptions or impairments of accessibility if technically necessary.
9.3 Aumio strives for the best possible accessibility of the software but does not provide any guarantee for it.
10.1 If the user is a consumer (according to § 13 of the German Civil Code) and does not have their general place of jurisdiction in Germany, the exclusive place of jurisdiction for all disputes arising from this legal relationship shall be the competent court for the registered office of Aumio. If the user is a business entity (according to § 14 of the German Civil Code), the exclusive place of jurisdiction for all disputes arising from this legal relationship shall be the competent court for the registered office of Aumio, with Aumio also being entitled to sue at the general place of jurisdiction of the user.
10.2 Unless otherwise provided in these terms and conditions or mandatory statutory provisions, the user is not entitled to assign or transfer their rights under this agreement to a third party, in whole or in part, without the prior written consent of Aumio.
10.3 This agreement does not create any rights for third parties. No act, omission, or other conduct by a party shall be deemed as (implicitly) waiving a right under this agreement or tolerating a breach of obligation.
10.4 German law shall apply to this agreement, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
10.5 The parties are aware that the software may be subject to export and import restrictions. In particular, licensing requirements may exist, or the use of the software or related technologies may be restricted abroad. Aumio will comply with the applicable export and import control regulations of the Federal Republic of Germany and the European Union, as well as any other relevant regulations. The performance of the contract by Aumio is subject to compliance with no obstacles arising from national and international export and import regulations or any other legal provisions.
10.6 The European Commission provides an online dispute resolution platform on the internet under the following link: https://ec.europa.eu/consumers/odr. This platform serves as a point of contact for out-of-court resolution of disputes arising from online purchase or service contracts involving a consumer. Aumio is neither obligated nor willing to participate in a consumer dispute resolution procedure before a consumer arbitration board.
10.7 Should any provision of this agreement be or become wholly or partially invalid, this shall not affect the validity of the remaining provisions in principle. The contracting parties will endeavor to find a replacement provision for the invalid provision that best serves the legal and economic purpose of the agreement. The same applies in the event of a regulatory gap.
Every consumer is entitled to withdraw their offer in accordance with our withdrawal policy. You can find the withdrawal policy, including the withdrawal form for our store, here: Withdrawal Policy