layers: Terms of Service

§ 1 General Information

1.1. These Terms of Service (hereinafter referred to as "Terms") govern the "layers" mobile application (referred to as "layers" or the "layers app") including all services provided through the layers app and the layers website layersjournal.app ("layers services"). The layers services are operated by layers labs UG (haftungsbeschränkt), which is located at Maybachufer 11, 12047 Berlin (hereinafter referred to as "layers" or "we").

1.2. In addition to these Terms, the Privacy Policy available at layersjournal.app/privacy details your and our respective rights and obligations in connection with applicable data protection laws, in particular regarding the processing of your sensitive health data. Information about how to exercise your right of revocation under German law (to the extent applicable) is listed at the end of these Terms under § 13.

1.3. The layers services allow people to enter data easily (e.g., through voice, quizzes or text) and automatically analyze the entries to provide insights and advice. This will enable users to gain insights into their lives and enact change. layers may summarize specific aspects of your entries into regular reports. Moreover, layers may provide a personal profile that summarizes your personality traits. Additionally, layers may provide content and advice (e.g. videos or text) that helps you lead a happy and fulfilling life. You can find general information about the layers app on the layers website (details regarding the scope of the services provided through the layers app are set out under § 4 of these Terms).

1.4. Notwithstanding the requirement for valid consent to processing your personal data under our Privacy Policy, you must be at least 18 years old (minimum age) to use layers’ Paid Services (see § 6 below). If a minor (a person reaches majority at 18 under German law) uses layers’ Paid Services, we provide the services on the basis of the deemed consent of their parent or legal guardian, both to these Terms and to the use of the layers app. Such consent is obtained when an account is created prior to the first use of the app. The parent or guardian takes full responsibility for the minor's use of layers’ paid services.

(Consent regarding the processing of data in accordance with the applicable data protection laws is obtained separately, see section 9 of our Privacy Policy)

§ 2 Scope of application and amendments to these Terms

2.1. By using the layers services, you agree to these Terms.

2.2. We will always ask for your consent to material changes to these Terms if they affect any Paid Services (see § 6). Material changes are changes to the type and scope of the contractually agreed Paid Services or the duration and termination of the contract. However, this does not prevent us from improving our services or including additional features or services within the scope of Paid Services.

2.3. We may make non-material amendments to these Terms at any time. We may implement non-material changes without notice or stating further reasons. There are no oral or written side agreements under these Terms.

§ 3 Disclaimer

3.1. The layers services are not intended to provide medical advice. For medical advice that addresses your specific, individual needs, please always consult a qualified healthcare professional.

When using layers services, you agree to use the respective service only for the intended purposes as described in these Terms.

3.2. layers is no substitute for a consultation with your healthcare provider, and the use of the layers services is at your own risk. The programs offered via the layers app are not a substitute for a diagnosis or medical or psychotherapeutic treatment. Specific medical conditions can only be diagnosed and treated properly by a qualified healthcare professional. If you feel that the use of the layers services causes you any physical or mental distress, please stop using them and seek medical help. We cannot give you medical advice, but if you have any complaints, comments, or feedback on the layers services, you can reach out to us by writing an email tohello@layerslayersjournaljournal.app.

§ 4 General scope of services of layers features

4.1. layers is designed to allow users to enter data easily (e.g. through voice, quizzes or text) and automatically analyze the entries to provide insights and advice. This gives users to opportunity to gain insights into their lives and enact change. layers may summarize specific aspects of your entries into regular reports. Moreover, layers may provide a personal profile to you, that shows your personality traits. Additionally, layers may provide content and advice (e.g. videos or text) that helps you lead a happy and fulfilling life.

4.2. layers is a self-management app. This means that layers services are based on the data that you provide, so the information and analysis available in the app depends on the amount and accuracy of the inputs you choose to record.

4.3. layers is intended for use on iOS mobile devices.

4.4. To be able to benefit from layers’ services, service packages in the form of paid subscriptions (“Subscription Access”) are available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options.

§ 5 Creating a layers account

5.1. Today, layers exists only as an online service. To use layers, you need to create an account. This requires an acceptance of these Terms and consent to data processing under the terms of our Privacy Policy, including all documents, declarations, and consents included therein by reference. Furthermore, you will need to provide an email address and a personalized password. In addition, you can provide other information as part of your onboarding, in order to personalize your layers experience from the start. Account creation is completed when you click on the link in the confirmation email sent to your email address, confirming your account.

5.2. Alternatively, you can create an account using your Apple login details, which automatically transfers your relevant personal information.

5.3. When you create an account, you assure that all of the information you provide is correct and complete. We recommend that you secure your data as permitted by your device (e.g. PIN, Face ID or Touch ID).

5.4. We are not obliged to confirm or accept user registrations, and may, at our own discretion, refuse to create an account that may interfere with the layers services. We may accept your registration or order by activating the relevant service, i.e. without making a specific written declaration.

§ 6 layers premium ("Paid Services")

6.1. To be able to benefit from layers’ services, service packages in the form of paid subscriptions are available to you after registering. These can be purchased for different, and variable periods of time, which you will see in the order options. layers’ Paid Services are paid subscriptions that allow you to access all the features in the layers iOS app for the selected subscription period. You will have access to the respective services as long as your subscription is valid.

6.2. The services offered in the subscription may change from time to time, as we introduce new features, develop our existing offering and sometimes retire features that aren't working out as planned. The applicable price offer is shown in the relevant app store (Apple App Store) prior to purchase.

6.3. layers premium is only available via the third-party platform operator Apple App Store. Therefore, when you make a purchase within layers, you may additionally enter into a separate contract with the respective third-party service provider providing your app store, whose terms and conditions may apply. Depending on the respective third-party service provider’s terms and conditions, you may need to exercise your rights of cancellation and revocation with these service providers (for more details about contract duration and termination see § 11).

6.5. The Paid Services are generally available on a subscription basis. Therefore, you will be charged once in the duration period of your subscription (for instance per month or per year). Our subscription will automatically be renewed for an indefinite time at the end of your initial subscription period, unless we or you have canceled your subscription or disabled auto-renewal or you have concluded a new contract with a new initial subscription period with us. In case of an indefinite subscription period after the end of your applicable initial subscription period, you may cancel your subscription with a notice period of at least 24 hours to the end of each subscription month.

6.6. If payment cannot be collected, we will be entitled to block access to the relevant Paid Services.

6.7. You agree to provide current, complete, and accurate purchase and account information for all purchases made for Paid Services. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

By agreeing to these Terms, you acknowledge and agree that you have the financial responsibility for all the Paid Services purchased with your account.

§ 7 Trials / Testing Phases

7.1 layers occasionally offers in particular to new users free or paid Subscription Access for testing purposes for a certain period of time (“Trial”). layers determines, at its sole discretion, if you may participate in a Trial. In case of an important reason, layers may discontinue or change such Trial at any time without prior notice or notification.

7.2 You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such a case, we need your consent at the beginning of the Trial that your access will be converted into a paid Subscription Access on the day following the end of the Trial. In this situation, your subscription renews itself on a recurring basis and can be terminated up to one day before the end of the respective subscription period.

7.3 If you do not wish to have the Subscription Access and the charge associated with it, you must cancel your Subscription Access given to you during the Trial before the end of the Trial (for example, by simply going to your layers Account Settings or the respective app store settings).

§ 8 Your rights and duties as a user

8.1. You may not transfer your user account to third parties. You may only use layers for your own private purposes or for such other purposes as we explicitly agree to in writing (for example, if you are an academic researcher and we enter into a research collaboration agreement).

8.2 Furthermore, you are not permitted to

• make the access data sent or used for authentication and identification available to third parties or to pass them on to third parties;
• bypass the access control systems of paid services or to take other measures in order to use services without authorization;
• remove or obscure copyright notices and/or notices regarding trademarks or other intellectual property rights of layers, companies affiliated with layers or third parties;
• transfer or assign rights or obligations under these Terms to third parties.

8.3. When using the layers app and services provided through the app, you must observe your contractual obligations with third parties, in particular your internet access provider and the relevant app store operator.

8.4. For the best experience of the layers services, you must regularly update your operating systems and the version of the layers app on your device. It is also possible that certain activations may be required to make full use of the service. From time to time, the layers app may automatically download and install updates and upgrades without specifically informing you. These updates are intended to technically improve and/or enhance the software and service. You agree that we may implement such updates as part of your use of the layers services.

8.5. You are only entitled to a right of set-off insofar as you may have legally established a counterclaim against us, or we do not dispute such counterclaim. A right of retention arises only if and insofar as the counterclaim is based on the same contractual relationship.

§ 9 Copyright

9.1. All of the content that we make available within the layers app or on our website is subject to international copyright law unless otherwise indicated. The reproduction, processing, distribution and any form of commercial exploitation of the content, services and software requires our written consent.

9.2. The use of the services (and/or the provision of input information) does not give you any legal rights, titles or legal interests in our services or software. The service and software are protected by copyright law, trademark law, intellectual property rights and other applicable laws.

9.3. The layers app is a copyright protected software program. You as a user are granted a simple, non-exclusive, non-transferable and revocable right for personal use. You are not entitled to decompile, change or edit the App beyond the extent permissible by law. You are not permitted to lease, rent or otherwise transfer the app and/or its contents.

9.4. The commercial use or retransmission of the layers services is prohibited. In particular, you may not copy or publish any part of the layers app or website.

9.5. We use anonymous information from your usage of the layers services so that we can continue to improve them. We process personal information for these purposes also, as set out in detail in our Privacy Policy, which you also consent to when you create a layers account and use the layers app. In addition, you agree that by creating an account and using layers, you grant us permission to use your anonymous information to improve the layers services for all users.

§ 10 Liability

10.1. The content that we provide in the layers services has been compiled with the greatest care. However, we cannot accept any liability for the accuracy, completeness and currency of the content. We are also in no way responsible or liable for the entries you create or otherwise provide in the layers app ("user content"). You are solely responsible for the security of your personal user content. Except to the extent required by law, we accept no liability for the deletion, damage or failure to store user content maintained or transmitted through the use of the layers services.

10.2. When you use the layers services, you do so expressly at your own risk. The descriptions of our different features are not subject to any guarantees. We give no guarantee that any of our features or services can be used to achieve a specific aim, such as that emotions are correctly extracted, or that layers’ outputs are complete and accurate.

10.3. layers app provides reflection, mindfulness, mood/energy tracking, and journaling content which together with emotive influences analysis serves the users to improve their well-being. layers is not a health care or medical provider, nor should layers’ Services be considered medical or psychotherapeutic advice. We expressly point out that any health-related recommendations provided in the context of the layers services are general in nature, and aimed at users who are generally healthy and physically and mentally fit. We give references to published research and other sources wherever possible, so that you can find out more and evaluate the information for yourself. If you choose to follow any such general recommendations, you do so at your own risk. If you have any doubt as to whether this is appropriate for you, please speak to your qualified healthcare provider.

10.4. Practices conducted with layers app are not a replacement for or a form of therapy nor are they intended to cure, treat, or diagnose medical conditions. Only your physician, psychotherapist or other health care provider can do that. Please consult with a licensed physician, psychotherapist or other qualified healthcare provider before making any decisions or taking any actions that may affect your health. Should you have depression, have been diagnosed with another mental disorder or have other existing mental health conditions, always speak to a licensed physician, psychotherapist or other qualified healthcare provider before starting layers practices to talk through your options and to consult using layers app in your particular case. If you have serious mental health conditions or are at risk of harming yourself or another person, you should seek urgent medical advice or call the emergency services.

10.5. Any liability in respect of contractual or other claims made by you as a user depends on the merits of the case and extends only to actual damage suffered:

• (a) which we, our legal representatives or vicarious agents have caused intentionally or by gross negligence,
• (b) from injury to life, body or health resulting from a breach of duty by us or one of our legal representatives or vicarious agents,
• (c) in cases of liability under the German Product Liability Act, due to us having given a guarantee or due to fraudulent misrepresentation, and
• (d) which has arisen due to the breach of a fundamental obligation, the fulfilment of which is of fundamental importance to the proper execution of the contract, and which you are entitled to rely on and in fact regularly rely on (under German law, a cardinal obligation).

10.6. We are liable without limitation in the above-mentioned cases (a), (b) and (c) of the preceding paragraph. In all other cases, liability shall be limited to the reasonably foreseeable damage under these terms.

10.7. In cases other than those specified in 9.4. and 9.5. and notwithstanding the following paragraph, liability on our part is excluded irrespective of the legal grounds.

10.8. The above limitations of liability apply equally to all of our legal entities, employees and vicarious agents. They do not alter the statutory burden of proof.

§ 11 Contract duration, termination, refunds

11.1. The Paid Services run for the agreed (initial) term. At the end of the term, the contract is automatically extended for an indefinite time period, unless you or we terminate it before the end of the agreed term or you conclude a new contract (with a new initial term) with us. In case of an indefinite term after the end of your applicable initial term, you may cancel your Paid Services with a notice period of at least 24 hours to the end of each subscription month. If you cancel your subscription, remember that you will still have access to all Paid Services features and modes until your subscription runs out. For example, if you cancel a yearly subscription three months after subscribing, you can still use layers premium for the remaining nine months.

11.2. For technical and legal reasons, contractual relationships related to the use of Paid Services that were originally entered into via the Apple App Store may need to be terminated via the respective app stores or in the app (e.g. using a feature provided by the respective app store). In such cases, the respective app store provider may act as a reseller of the Paid Services. Their respective terms and conditions may apply.

11.3. The statutory right of both contracting parties to terminate the contract for good cause remains unaffected. Good cause for extraordinary termination of the contract is, for example, deemed to exist if the continuation of the contractual relationship until the end of the normal period of notice is unreasonable, given all circumstances of the individual case and the interests of the user. Good causes for us to exercise this right of termination include, in particular, if you breach applicable law, obligations under these Terms, or obligations under your contract with the Apple App Store (or if your actions would cause us to breach our contracts with the Apple App Store).

§ 12 Other provisions

12.1. We endeavour to ensure that the layers app operates without disruption and is available to the greatest extent possible, but we point out that complete and uninterrupted availability is not technically feasible. We therefore do not guarantee disruption-free operation or a specific level of availability. In particular, we may restrict access without providing reasons – in whole or in part, temporarily or permanently. In addition, no claims shall exist regarding the maintenance of individual functionalities of the layers app. We are entitled at any time to change or remove content, services and functionalities that are provided within the app and to make new content, services and functionalities available or to discontinue the layers app entirely.

12.2. We are entitled to transfer the rights and obligations arising under a contract to a third party. Should we wish to transfer the rights and obligations under these Terms, we will inform you in writing about the transfer; you are then entitled to terminate the contract. The notice of termination must be in writing and reach us within 14 days of you receiving the notification of transfer.

12.3. Governing law: German law applies to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).

12.4. Jurisdiction: To the extent permissible by law, all disputes arising under these Terms shall be heard in the courts of our registered place of business in Berlin, Germany. Notwithstanding the foregoing, we are also entitled to sue you under these Terms in your place of domicile.

12.5. In the event of a complaint against us, you can contact the European Online Dispute Resolution platform at any time. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body.

12.6. If individual provisions within these Terms are or become invalid or unenforceable, the validity of the remaining provisions shall not be affected. Any invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective which the contracting parties had pursued with the invalid or unenforceable provision. The above provisions shall also apply in the event that the provisions prove to be incomplete.

§ 13 How to exercise your right of revocation

As a company headquartered in Germany, the consumer protection laws of Germany apply to you as our customer no matter where you live. Since the layers services are directed exclusively at users who are consumers within the meaning of § 13 BGB (German Civil Code), German law gives you a right to cancel this contract without penalty within 14 days of its conclusion.

If you have purchased our service via an app store (such as Apple App Store) please use the procedures provided by the respective app store for the revocation and reimbursement of your purchase. The below reflects standard language prescribed by German law.

Revocation policy

Right of revocation

You have the right to revoke this contract within fourteen days without providing any reasons. The revocation period (cancellation period) is fourteen days from the date when you entered into the contract. To exercise your right of revocation, you must inform us (layers labs UG, Maybachufer 11, 12047 Berlin, or contact Support by emailhello@layerslayersjournaljournal.app) of your decision to revoke this contract. You may use the attached sample revocation form for this purpose, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send us notification regarding your revocation of the contract before the end of the revocation period.

Consequences of revocation

If you revoke this contract, we shall reimburse all payments we have received from you, including delivery charges (other than any additional charges resulting from your decision to select a different type of delivery than the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date on which we receive notice of your revocation of this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no event will you be charged for this refund.

Further information: In the case of a contract for the provision of services, the following applies: If you have requested that the services be commenced during the cancellation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.

End of the revocation policy

Sample revocation form

(If you want to revoke the contract, please fill out this form and send it back)

- To: layers labs UG (haftungsbeschränkt), Maybachufer 11, 12047 Berlin. hello@layerslayersjournaljournal.app

- I/we (...) hereby revoke the contract which I/we (...) entered into for the purchase of the following goods (...)/the provision of the following service(...):

- Ordered on (...)/received on(...):

- Name of the consumer(s):

- Address of the consumer(s):

- Signature of the consumer(s) (only required if the notification is submitted in paper form):

- Date:

(Delete whichever does not apply.)