Introduction

Smokefree Coach develops coaching programs to change habits and increase well-being.

These Terms of Use form the basis for the contract of use that is concluded between you and us, B.K.L. PUBLISHING LTD, Evangelou Floraki, Belvedere Gardens 25, Chloraka, Republic of Cyprus (hereinafter referred to as "us" or "we"). The subject matter of the contract is the use, free of charge or against payment, of the services offered by us via the website https://smokefree.coach or Smokefree Coach App (hereinafter "Smokefree Coach Service" or collectively "Smokefree Coach Services" or generally "Smokefree Coach").

We offer our paid services through Digistore24 GmbH, St.-Godehard-Straße 32, 31139 Hildesheim, Germany ("Digistore24"). As a customer, you enter into a contract with Digistore24 for the use of the paid services of Smokefree Coach on the online platform of Digistore24. Smokefree Coach provides the services to you as a vicarious agent of Digistore24.

Prerequisite for participation

The prerequisite for opening a user account and using the Smokefree Coach services is that you are already 18 years old and have full legal capacity.

Smokefree Coach is aimed exclusively at consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor self-employed. The use of Smokefree Coach for commercial or other commercial purposes is expressly prohibited.

2. Health

Health requirements

The use of Smokefree Coach services is at your own risk.

A good general health condition is a basic requirement for using the Smokefree Coach services. If you have any known medical conditions, please seek medical advice before you start using the Smokefree Coach Services (e.g. coaching). This is especially true if you are aware of one or more of the following illnesses/complaints/interventions:

Mental illnesses
Cardiovascular diseases
Lung or respiratory diseases
withdrawal symptoms
taking medicines to support smoking cessation
other health restrictions.

For our female users, it is also important to note that the programs and coaching sessions we offer should not be used by pregnant or breastfeeding mothers, or only after medical consultation.

As a general rule, pay attention to your body's signals. If you have any doubt that you are healthy (e.g., because you experience significant weakness, general malaise, shortness of breath, nausea, or dizziness) before using Smokefree Coach for the first time or while using Smokefree Coach, consult your physician before beginning or continuing.

No substitute for medical advice

The services and information provided within Smokefree Coach and the Smokefree Coach services are not therapeutic, medical or medical advice. Nor do they constitute a substitute for medical examination or treatment.

In particular, our programs and coachings do not give advice related to the individual user and do not make medical diagnoses. There is no collection or processing of health-related data.

3. User account

Registration process

To use the Smokefree Coach services, you must first register and open a user account. It is sufficient to open a user account once, even if you want to use different Smokefree Coach services, e.g. via different apps. You can open a user account either directly on the Internet at https://smokefree.coach or via one of our mobile apps. You will be asked by us to accept these Terms of Use and the Privacy Policy as part of the registration process.

4. Conclusion of contract

Registration on the Internet at trysmokefree.com

If you register via our website https://smokefree.coach, the contract of use between you and us shall be concluded after the registration process has been fully completed.

Conclusion of contract for services against payment

The presentation and advertising of Smokefree Coach and the Smokefree Coach services on our websites does not constitute a binding offer to conclude a contract, but an invitation to you as a customer to order the described range of services from Digistore24.

The conclusion of the contract for the use of the Smokefree Coach services takes place between you and Digistore24 via the sales platform on the website www.digistore24.com. For the exact procedure of the conclusion of the contract, please refer to the General Terms and Conditions on the website of Digistore24: https://www.digistore24.com/de/info/terms/1

The contract concluded with Digistore24 is valid for the performance period of the corresponding Smokefree Coach service indicated on our website.

5. Subject of service

Details of the Smokefree Coach service to be provided by us can be found in the corresponding service description on the individual websites.

6. Liability for defects

Legal provisions

The statutory provisions shall apply to claims based on defective services. Your rights as a consumer remain unaffected in any case.

No warranty

We make no representations or warranties that the result you desire will be achieved by using the respective Smokefree Coach service. We do not owe a specific success.

7. Right of withdrawal

If you have concluded a contract with Digistore24 for the paid use of Smokefree Coach, you have a legal right of withdrawal through Digistore24.

The exact procedure of the revocation you can find in the terms and conditions on the website of Digistore24: https://www.digistore24.com/de/info/terms/1

8.Liability

General

You are obligated to observe our health instructions in section 2.

Liability for services provided free of charge

In the case of services provided free of charge, we shall be liable, irrespective of the legal grounds, exclusively for damages due to intent and gross negligence or the absence of a guaranteed characteristic. In the case of intent, our liability is generally unlimited. In the case of gross negligence and the absence of a guaranteed characteristic, our liability is limited to the typical, foreseeable damage. In all other respects our liability is excluded.

Liability for services rendered against payment

In the case of services rendered against payment, our liability for damages due to intent and gross negligence or the absence of a guaranteed characteristic shall be unlimited, irrespective of the legal grounds.

If we violate an essential contractual obligation with slight negligence, our liability shall be limited to the typical, foreseeable damage. An essential contractual obligation is any obligation that is necessary for the fulfillment of contractual purposes and on the fulfillment of which you as a consumer can or could have relied.

Our liability in the event of injury to life, limb or health for which we are responsible shall remain unaffected by the aforementioned limitations. In all other respects our liability is excluded.

Liability of our employees

To the extent that our liability is excluded or limited, the exclusion or limitation shall also apply in favor of our employees and agents.

Product liability

Claims under the Product Liability Act shall remain unaffected by the aforementioned exclusions or limitations of liability.

9. Termination of contract

User contract

You have the right to delete your user account at any time and without giving reasons and thus also to terminate your user contract. To do this, you only need to make the necessary settings in your profile. Please note that after deleting your user account, all content you have posted, such as notes or coaching progress, will be deleted by us and you will no longer have access to content you have already purchased.

Terms of use