1. General Information (Impressum)
These Terms of Service (“Terms”) govern your use of the website and services operated byNick Krüger – Digital Solutions (“we”, “us”, “our”). By accessing or using the service, you agree to be bound by these Terms.
Owner / Service Provider (§ 5 TMG):
Nick Krüger – Digital Solutions
Haubensteigweg 6b, 87439 Kempten, Germany
This section also serves as our legal provider identification (Impressum) under German law.
2. Description of Service
MySubliminals allows users to register, create, and listen to digital subliminal audios and related content. Affirmations may be generated using OpenAI technology; audio may be created with Google Text-to-Speech; data is stored with Supabase; hosting is provided by Vercel (Next.js).
3. User Registration and Account
- You must create an account to access certain features and are responsible for safeguarding your credentials.
- Notify us immediately of any unauthorized use or security breach.
- You may delete your account (and request deletion of associated personal data) via your profile or by contacting us.
4. Creation and Use of Subliminal Content
- You retain rights to your own affirmations and custom inputs. You grant us a non-exclusive, revocable license to store, process, and transmit such content solely to operate and improve the service.
- You must have the necessary rights to any material you include. You are solely responsible for user-generated content, and you agree not to upload infringing, unlawful, or harmful material.
5. Pricing, Payment, and Contract Formation
- We offer subscription plans billed monthly or annually, as displayed on our pricing page. Prices may change prospectively; where required by law, we will notify you of material updates in advance.
- Payments are processed by Creem, acting as Merchant of Record (MoR). By purchasing, you agree to Creem’s checkout terms and policies.
- A binding contract for the selected subscription is concluded when your payment is successfully completed on Creem’s checkout page.
- Access is granted for the respective billing period upon successful payment. Subscriptionsautomatically renew unless cancelled before the renewal date. You can cancel anytime in your account dashboard; access continues until the end of the paid period.
- Invoices and applicable taxes (e.g., VAT) are handled by Creem as MoR. You will receive an email receipt containing Creem’s details and our support email.
6. Disclaimer (No Medical or Psychological Claims)
The service and its content are provided for informational, entertainment, and self-improvement purposes only. We make no medical, psychological, or therapeutic claims regarding effectiveness. The service does not diagnose, treat, cure, or prevent any medical or psychological condition and is not a substitute for professional advice. Always consult qualified healthcare professionals for health-related concerns. You use the service at your own risk.
7. Intellectual Property
Except for user-generated content described above, all materials on the site (including but not limited to brand assets, UI, code, copy, images, and audio frameworks) are our property or our licensors’ property and protected by applicable IP laws. You may not copy, distribute, modify, or create derivative works without prior written permission.
8. Privacy and Data Protection (GDPR)
Please see our Privacy Policy for details on how we collect, process, and protect personal data in compliance with the GDPR, including the use of Supabase, OpenAI, Google TTS, Vercel, and Creem.
9. Modification of Terms
We may modify these Terms from time to time. Where required by law, we will notify you of significant changes (e.g., via email or in-app notice). Continued use after changes take effect constitutes acceptance.
10. Merchant of Record (Creem)
Creem acts as Merchant of Record for digital purchases. Creem handles billing, applicable tax collection, invoicing, and chargebacks in accordance with its policies. Any refunds, chargebacks, or billing inquiries are processed according to Creem’s procedures.
11. Governing Law and Venue
These Terms are governed by the laws of Germany. Where permitted by law, exclusive place of jurisdiction is Kempten, Germany. Mandatory consumer protection provisions and jurisdictions remain unaffected.
12. Contact
For questions about these Terms, please contact:my.subliminals.info@gmail.com.
13. Right of Withdrawal (EU Consumers)
If you are an EU consumer, you have the right to withdraw from your purchase within 14 days without giving any reason. The withdrawal period expires 14 days after the day of purchase.
How to exercise your right:
- Notify Creem (Merchant of Record) or us by a clear statement (e.g., email) before the withdrawal period expires. You may use any unambiguous declaration; no specific form is required.
- Effects of withdrawal: Creem will process any refund pursuant to its refund policy and applicable law using the same means of payment where feasible.
Early access to digital services: If you request that the digital service begins during the withdrawal period, you acknowledge that you lose your right of withdrawal once the service has been fully performed or accessed in full. If only partially performed, you may owe proportionate payment as permitted by law.
14. Automatic Renewal and Cancellation
- Subscriptions renew automatically at the end of each billing period unless cancelled beforehand.
- You can cancel anytime in your account dashboard. Cancellation takes effect at the end of the current paid term.
- Billed amounts are handled by Creem. Please refer to Creem’s policies for refunds and billing disputes.
15. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, or loss of profits, data, or goodwill, resulting from your use of the service. Nothing in these Terms excludes liability for intent, gross negligence, injury to life, body, or health, or any liability that cannot be excluded by applicable law.
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