Terms and Conditions for KUBY Clients, KUBY Companions, and KUBY Students
1. PROLOG
1.1 KUBY Ltd. (hereinafter referred to as Kuby) operates a portal under www.kuby.info, among other services, which is exclusively accessible online (hereinafter referred to as the Portal). The portal provides internet users (hereinafter referred to as Clients, both male and female) with contact opportunities to KUBY companions (hereinafter referred to as Companions, both male and female) and KUBY students (hereinafter referred to as Students, both male and female) to receive KUBY accompaniment using the KUBY method.
1.2 Furthermore, the KUBY portal offers access to purchased online seminars, streaming movies, eBooks, and online text accompaniment with the eTool “SeelenschreibenⓇ”.
1.3 These Terms and Conditions (hereinafter referred to as “Terms”) govern all business relationships between Kuby and the users of the personal accompaniment services provided by certified Companions or Students. All accompaniments offered through the portal are provided exclusively based on these Terms, regardless of the communication methods used by the Client to request the accompaniments.
2. SUBJECT OF THE CONTRACT
2.1. The portal offers registered Clients the opportunity to access paid accompaniment services. Registration can only be done online. Registration is free. By registering, a portal usage contract is concluded between Kuby and the Client.
2.2. Separate costs are incurred for each individual accompaniment service requested. The Client will be expressly informed about the cost and amount on the portal before booking any accompaniment.
2.3. Kuby carefully selects and trains its Companions and requires them to adhere to specific, continuously improved quality guidelines. This ensures a high quality of accompaniment services.
2.4. Information and advice provided by Companions are neither intended nor suitable to replace professional advice from members of certain professions. Therefore, Companions are prohibited from providing medical, legal, and tax advice.
3. CONCLUSION OF CONTRACT AND STORAGE
3.1 The usage relationship for the free portal usage is concluded with the confirmation of the registration confirmation sent by Kuby via email. By requesting an accompaniment, the Client enters into a separate paid contractual relationship with the respective Companion or Student, which is distinct from the free portal usage contract.
3.2 The contract for each accompaniment is concluded when the Client books each individual accompaniment.
3.3 The Client books a conversation accompaniment with a Companion or Student of their choice at a time offered by the Companion at a fixed gross price per minute. The booking of an appointment is only possible online. The Client purchases the accompaniment conversation after confirming the appointment with a Companion or Student on Digistore24 by clicking the “Buy Now” button.
3.4 With the first booking, the Client is redirected to Digistore24’s portal, where they must enter their payment details according to the payment options provided by Digistore24 and its Terms and Conditions, and make a small deposit for the accompaniment conversation to take place. During this process, the Client authorizes Digistore24 to process payments via SEPA, credit card, or PayPal. The invoice amount is based on the agreed gross price per minute, multiplied by the exact duration of the conversation, and is automatically deducted from the Client’s specified payment method.
3.5 With the deposit made at Digistore24, the contractual relationship between the Companion and the Client is concluded, and these Terms must be accepted as read and understood.
3.6 After the deposit has been credited, the Client will receive a confirmation from the Companion or Student with a specific Zoom link. In addition, the Client has the option to cancel or reschedule the conversation appointment with the Companion or Student within a timeframe set by the Companion. If the Client fails to join the Zoom meeting on time, the actual waiting time of the Companion of up to 15 minutes will be charged and deducted (cancellation fee). The cancellation fee is due because the delayed cancellation of the appointment prevents another Client from booking the freed-up time slot. The Client may provide evidence that no or only minor damage was caused to the Companion by their failure.
3.7 The text accompaniment (SeelenschreibenⓇ) takes place in such a way that the Client, after registering on the portal, creates their Seelenschreiben and, after completion (intermediate saving is possible at any time and occurs automatically at intervals), sends the text to a Companion or Student of their choice after accepting the price calculated based on the number of characters (excluding spaces and punctuation marks). Upon first submission, the Client is redirected to Digistore24’s portal, where they must enter their payment details according to Digistore24’s payment options and Terms and Conditions, and pay for the text accompaniment. In this process, the Client authorizes Digistore24 to process payments, and the amount will be automatically deducted from the Client’s specified payment method. The contractual relationship between the Companion and the Client is concluded upon payment at Digistore24.
3.8 The Client can view and modify or supplement their Seelenschreiben at any time before sending it. They can also have it commented on by the same Companion or Student again, for which they must resubmit it for a fee. If the same Companion comments, only the newly added characters will be charged. If a different Companion comments, the entire text will be charged.
3.9 The accompaniment conversation is initially recorded by Zoom and subsequently permanently stored on a cloud server rented by Kuby from AWS in Frankfurt. Accompaniment texts (Seelenschreiben) with comments are also stored there. Kuby, the technical service provider Illuminz Ltd. from India, and the Companion or Student have access to this data. The storage serves for quality assurance (supervision of Companions and training of Students) and documentation purposes.
3.10 Before the conversation or submission of their text, the Client gives their consent to the storage. They accept the notice: “The information, recommendations, and exercise suggestions on this website are intended to raise awareness. However, they cannot replace a medical diagnosis and corresponding treatment, which, if necessary, must be sought from a qualified professional. We point out that self-treatment is done at your own risk. We hereby exclude any liability for damages of any kind, including those arising from disregarding this notice.”
3.11 The Client can view and modify all the data provided at registration under “Profile” after logging into the portal and print out an overview of the products they have purchased and the accompanying services they have used, along with the corresponding fees.
4. RIGHT OF WITHDRAWAL FOR CONSUMERS
4.1 If the Client is a consumer according to § 13 BGB, they have the right to withdraw from the contract with the respective Companion.
4.2 Notes: If the Client requests an accompaniment via a single internet connection, they do not have the right of withdrawal for this accompaniment according to § 312 Abs. 2 Nr. 11 BGB. According to § 312d Abs. 3 BGB, the right of withdrawal expires when the contract is fully performed by both parties at the express request of the consumer before the consumer has exercised their right of withdrawal.
5. SERVICES PROVIDED BY KUBY
5.1 Kuby grants registered Clients access to their password-protected area, the KUBY portal.
5.2 Kuby provides the portal and handles the technical aspects of connecting Clients with the listed Companions on the portal or in the app. The Client and the Companion are responsible for their technical and factual accessibility and availability.
5.3 The Companions available on the portal can be removed or added by Kuby at any time, particularly to improve the quality of oral and written accompaniments, to comply with legal requirements, or to adapt to technological developments. Kuby expressly reserves the right to temporarily or permanently discontinue parts of the portal or the entire portal offering.
5.4 Kuby endeavors to make the portal as accessible as possible without interruption. However, even with all due diligence, downtime due to maintenance work, software updates, and technical or other problems beyond Kuby’s control cannot be excluded. Therefore, Kuby’s technical services are limited to providing the portal within Kuby’s technical and operational capabilities. No claims for downtime exist for the Companions and Clients. Kuby also does not guarantee the establishment, maintenance, or technical quality of communication between the Client and the Companion or Student.
6. USAGE RULES
6.1 Registration as a Client and the use of the accompaniments are only allowed for persons who are of legal age and fully capable of contracting. Kuby reserves the right to refuse accompaniment services to unsuitable persons (e.g., intoxicated, irrational, or minors).
6.2 The Client is required to provide truthful information regarding the personal data requested during registration and keep their personal data up to date. Multiple registrations, registrations under false names or incorrect data, or registrations with fraudulent intent are prohibited and subject to civil and criminal consequences.
6.3 During registration, the Client chooses a username and a personal password that contains a number, an uppercase letter, and a special character with at least 8 characters. The Client is free to upload a profile picture in their area.
6.4 The portal may not be used for commercial purposes or self-promotion by the Client or the Companion. A Client account and a Companion account are non-transferable and may not be shared with third parties. The Client must keep their login credentials (username, password) protected from third-party access and immediately inform Kuby if they lose them or suspect third-party knowledge of them. A breach of these obligations may result in the immediate suspension of the Client’s access to the portal and the accompaniments. The Client is liable for any accompaniments taken by third parties using their account.
6.5 After each accompaniment, the Client will receive a free follow-up offer for the conversation they just had. The follow-up offer consists of multiple aspects under which the Client can assess their experience. The Client is asked to check at least four or more aspects that correspond to their feeling about the conversation.
6.6 The use of the portal and the accompaniments must only be done in accordance with applicable law and these Terms. The Client is specifically prohibited from making statements on the portal or during accompaniments that are harmful to minors, extremist, misleading, insulting, pornographic, glorifying violence, or otherwise offensive, or that violate other applicable laws or third-party rights.
6.7 It is not permitted to spread viruses, Trojans, or other harmful data and/or content via the portal or during accompaniments. The use of the portal or accompaniments is not allowed if there is a risk of damage to telecommunications systems or other technical devices or if there is a risk of excessive load on the portal or accompaniments.
6.8 It is not permitted to advertise competitors of Kuby through the portal or during accompaniments, or to actively recruit Clients or Companions for competitors.
6.9 The Companion may at their discretion make use of their affiliate status with Clients.
6.10 The Client respects the privacy of other Clients and behaves in a professional and appropriate manner towards Companions. Harassment through unwanted calls, emails, Q-Mails, or chat messages, especially sending “junk emails,” “chain letters,” or other unsolicited mass mailings in the Q-Mail system, is prohibited.
6.11 Kuby reserves the right to publish text accompaniments in anonymized form as testimonials on the portal.
6.12 Uncontrolled use of paid accompaniments may lead to high financial burdens. Clients are responsible for monitoring their use of accompaniments and the resulting payment obligations.
7. COMPLAINTS
Complaints about the portal, accompaniments, or Companions and Students can be submitted via email to support@kuby.info.
8. PRICES AND BILLING
8.1 The applicable per-minute price plus applicable taxes for an accompaniment via Zoom is displayed on the portal. Billing occurs in 60-second increments, and the calculation begins when the Companion enters the Zoom meeting room at the agreed time, but not earlier.
8.2 The price for a conversation becomes due for payment when it ends, i.e., when either party leaves the Zoom meeting room.
8.3 The invoice for the conversation payment is issued by Digistore24 on behalf of the Companion to the Client. The Companion must register with Digistore24 with their account details.
8.4 Payments regarding the Companion’s service to the Client are processed through Digistore24 GmbH, St.-Godehard-Straße 32, D-31139 Hildesheim. Payments can be made via PayPal, a credit card accepted by Digistore24, or other payment methods such as SEPA. Digistore24 issues an invoice for each accompaniment to the Client.
8.5 By providing their bank account details, the Client irrevocably authorizes Digistore24 to collect the due accompaniment fees from the specified payment method.
8.6 After logging into Digistore24, the Client can obtain a detailed overview of the accompaniments taken in the last 12 months and the corresponding fees.
9. LIABILITY
9.1 Kuby and the Companions are fully liable for any damages arising from intentional or grossly negligent breaches of duty, as well as for damages resulting from the violation of life, body, or health, unless stated otherwise below or by law. Damages caused by failure to comply with or misunderstand the notice in section 3.10 are excluded.
9.2 In cases of slight negligence, Kuby and the Companions are only liable for property damage and financial losses if essential contractual duties are violated. Essential contractual duties are those whose fulfillment enables the proper execution of the contract, whose violation jeopardizes the achievement of the contract’s purpose, and on which the other party regularly relies. Liability is limited to the typically foreseeable damage. This also applies to lost profits and missed savings.
9.3 Further liability for damages, irrespective of the legal nature of the claim, is excluded. This applies particularly to unlawful actions under §§ 823, 831 BGB.
9.4 Any unrestricted liability of Kuby and the Companions according to the German Product Liability Act or due to fraud, missing warranted qualities, or guarantee assumptions remains unaffected by the aforementioned liability limitations.
9.5 According to the state of technology, data communication via the internet or telephone network cannot be guaranteed to be error-free or always available. Therefore, any liability of Kuby or the Companions for technical or other disturbances is excluded.
9.6 Kuby is not responsible for the content, functionality, or legality of third-party websites linked to from the portal.
9.7 The Client must arrange their internet access at their own cost and risk and provide the necessary equipment. Kuby is not responsible for any loss or incomplete, delayed, or otherwise improper transmission of data and services outside of Kuby’s control.
10. USAGE RIGHTS
10.1 All trademarks and other protected marks mentioned on the portal are subject to the applicable legal provisions and the rights of the respective owner. The mere presence of these marks on the portal does not imply that the words and images are not protected for Kuby or third parties.
10.2 All rights to the content published on the portal (texts, data, images, videos, databases) are reserved. It is particularly prohibited to reproduce, modify, distribute, publicly access, transmit, or otherwise use the content in whole or in part without Kuby’s consent, whether for private or commercial purposes.
10.3 The Client grants Kuby the exclusive, irrevocable, time- and location-unlimited right to publish, reproduce, distribute, publicly access, perform, broadcast, or otherwise use any content submitted by the Client for the purpose of the portal, in anonymized form, for promotional purposes or other uses related to the portal, including through third parties.
10.4 The Client grants Kuby the right to make their uploaded profile picture accessible to Companions for portal operations in the admin area for the duration of the portal usage contract.
10.5 The Client guarantees that the content provided to Kuby (e.g., feedback forms, images) is free from third-party rights and indemnifies Kuby from any third-party claims arising from the use of such content, including legal fees, defense costs, and damages.
11. SET-OFF AND RETENTION RIGHTS, OFFSETTING
11.1 If the Client is not a consumer, they are only entitled to offset or retention rights if the counterclaim is undisputed or legally established. Additionally, the Client may only exercise a right of retention if the counterclaim is based on the same contractual relationship.
11.2 If the Client is also a Companion on the portal, Kuby is entitled to offset, set off, or exercise retention rights regarding claims between the Companion/Client and Kuby.
12. DATA PROTECTION
12.1 Kuby takes the protection of personal and confidential data very seriously and commits to respecting the privacy of the Clients. The handling of personal Client data is done in accordance with the relevant data protection laws. Details on the type and extent of collected and stored data, as well as its use, can be found in the privacy policy.
13. CONTRACT DURATION / TERMINATION / SUSPENSION
13.1 The portal usage contract is concluded for an indefinite period and can be terminated by either party at any time without notice. Termination is done by deleting the Client’s account.
13.2 Kuby reserves the right to suspend the Client’s access to the portal or accompaniments in whole or in part until the matter is clarified if there are concrete indications that the Client:
– has registered with false names/data or multiple registrations,
– has allowed third parties to use their Client account,
– has manipulated or misused the rating system,
– is behind on payments,
– has violated the usage rules listed in section 6.
Kuby will consider the degree of fault and the legitimate interests of the Client in making the decision.
13.3 Termination and suspensions do not affect the Companion’s compensation claims for accompaniments already provided by the Client.
14. CHANGE OF TERMS AND CONDITIONS
14.1 Kuby is entitled to change these Terms at any time, provided that no essential provisions of the contractual relationship are affected and the changes are necessary to adjust to developments that were unforeseeable at the time of contract conclusion and whose omission would significantly disturb the balance of the contractual relationship. Essential provisions include those related to the type and extent of the agreed services, duration, and termination.
14.2 Kuby will explicitly inform the Client about the changes. The Client can object to the changes within three weeks of being notified. Kuby will explicitly inform the Client about their right to object in the change notification. If the Client does not object within the time frame, the new terms will apply as of the expiry of the period.
15. FINAL PROVISIONS
15.1 The European Commission provides an online platform for online dispute resolution (OS platform), which can be found here: https://ec.europa.eu/consumers/odr/. Consumers have the option to use this platform for resolving their disputes. Kuby and the Companions are not legally required to participate in dispute resolution procedures and cannot offer participation in such procedures.
15.2 The invalidity of individual provisions of these Terms does not affect the validity of the remaining provisions.
15.3 The place of jurisdiction is Cyprus. All German provisions and laws listed in these Terms are to be understood and applied as transferred to Cypriot EU law.
CY 8650 Payia, 01.06.2024