Terms and Conditions

1. Scope of the Agreement

1.1. These T&C apply to all users of innofully’s products, including:

• Users of free services (hereinafter referred to as "Basic Account").
• Users who have subscribed to paid services (hereinafter referred to as "Premium Account").

1.2. The use of our products and services is governed by the T&C in their current version at the time of your registration or order, or as amended from time to time in accordance with these T&C.

2. Registration and Account Creation

2.1. Eligibility: To register for an account with innofully, you must be at least 18 years of age. Individuals aged 14 and above may register with the consent of their legal representatives.

2.2. Registration Process: Users can register only through our mobile applications. Registration requires providing accurate and up-to-date information, including an email address and password. Alternatively, users may register using social sign-on options such as Facebook, Google, or Apple.

2.3. Account Information: Any information required for registration must be complete, correct, and always kept up-to-date.

2.4. Account Security: The password used must be kept confidential, and it is solely and fully your responsibility to ensure its security. Your account for BlissPath or any other product from innofully may only be used by you. Any unauthorized use of your account, as well as any suspicion of such, must be communicated to innofully immediately.

3. Subscription and Payment Terms

3.1. Subscription Options: innofully offers both free and paid subscriptions across all its products. Paid subscriptions provide additional content and features beyond what is available with a Basic Account. Subscription options vary in duration (e.g., monthly, yearly), and may also include lifetime packages, which provide access to specific content or features for the duration of the product’s availability.

3.2. Payment Methods: Payments for subscriptions are currently processed primarily through the Apple App Store for iOS users and Google Play for Android users. We may add other payment methods or platforms in the future.

3.3. Free Trials: innofully may occasionally offer free-of-charge Subscription Access for testing purposes for a certain period of time (“Trial”), particularly to new users. Participation in a Trial is determined at innofully's sole discretion. We may discontinue or change such free Trials at any time without prior notice or notification.

You can only participate in certain Trials if you enter your payment details when you sign up for the Trial. In such cases, you will be required to provide your consent at the beginning of the Trial for your free access to be converted into a paid Subscription Access on the day following the end of the Trial. Your subscription will then generally renew on a recurring basis, unless canceled up to one day before the end of the respective subscription period. You will be clearly informed of this process before you subscribe to your Trial.

If you do not wish to continue with the Subscription Access and the associated charge after the Trial, you must cancel your Subscription Access before the end of the Trial period. This can be done through your account settings in the BlissPath app or the respective app store settings.

We offer a 14-day money-back guarantee for subscriptions that are purchased via our website. However, if you purchase a Subscription Access as an in-app purchase, we have no control over refunds, and therefore cannot guarantee a refund within 14 days. Your statutory rights remain unaffected.

3.4. Automatic Renewal: Subscriptions will automatically renew at the end of each term unless canceled at least 24 hours before the renewal date.

4. Individual Purchases and One-Time Payments

4.1. Individual Purchases: From time to time, innofully may offer certain content or features that can be purchased individually as a one-time payment. These individual purchases grant you permanent access to the specific content or feature for as long as it remains available on the platform.

4.2. Non-Transferable License: When you purchase individual content, innofully grants you a non-exclusive, non-transferable, non-assignable, non-sublicensable license to access and use the content for your personal, non-commercial use.

4.3. No Modifications: You are not entitled to alter, modify, sell, transfer, share, lease, decompile, disassemble, reverse engineer, copy, reproduce, duplicate, distribute, publicly perform, create derivative works from, or otherwise commercially exploit the content.

4.4. Availability: innofully reserves the right to modify, discontinue, or remove individual content at any time. In such cases, we will make reasonable efforts to ensure continued access to purchased content, but we cannot guarantee permanent availability.

4.5. Refund Policy: Refunds for individual purchases are subject to the policies of the respective app store or payment platform. Your statutory rights remain unaffected.

5. User Obligations and Conduct

5.1. Acceptable Use: You agree to use innofully’s services in compliance with all applicable laws and regulations. You may not use our services to engage in illegal activities, harass other users, or distribute harmful content.

5.2. Content Ownership: Any content created by you within the BlissPath platform remains your property. However, by submitting content, you grant innofully a non-exclusive, royalty-free license to use, distribute, and display such content within the platform.

5.3. Prohibited Activities: You are prohibited from attempting to disrupt the platform, reverse-engineer any of the software, or use the platform for any unauthorized commercial purposes.

6. Intellectual Property

6.1. Ownership: All intellectual property related to the BlissPath platform, including trademarks, logos, and software, is owned by innofully. You are granted a non-exclusive, non-transferable license to use the platform for personal purposes.

6.2. User-Generated Content: While you retain ownership of any content you create, innofully reserves the right to remove any content that violates these T&C or is otherwise deemed inappropriate.

7. Termination and Cancellation

7.1. User-Initiated Termination: Basic Account: You may terminate your Basic Account at any time by deleting your account through the platform’s settings. This action is immediate and cannot be undone.

Premium Account: If you hold a Premium Account, you must cancel your subscription before deleting your account. Cancellation must be done at least 24 hours before the end of the current subscription period to avoid being charged for the next billing cycle. You can cancel your subscription through the settings in the BlissPath app or through the respective app store settings (e.g., Apple App Store or Google Play). Once you have canceled, your account will revert to a Basic Account at the end of the current billing cycle.

7.2. Cancellation for Residents of Germany: If you are a resident of Germany and have purchased a subscription after March 1, 2022, your subscription will automatically renew for an indefinite period after the initial term. You can cancel the subscription at any time with a notice period of no more than one month to the end of the respective billing period. You can cancel the subscription through the settings in the BlissPath app, in the respective app store settings, or, if you paid for the subscription via the web, by contacting customer support.

7.3. Refunds Upon Cancellation: Voluntary Cancellation: If you voluntarily cancel your Premium Account before the end of the subscription term, you will not be entitled to a refund for any remaining period unless otherwise specified in our refund policy or required by law.

Cancellation by innofully: If innofully cancels your account for reasons other than a breach of T&C, you may be eligible for a pro-rata refund for the unused portion of your subscription.

7.4. Data Deletion: Upon termination, your account data will be deleted except where retention is required by law or for legitimate business purposes. This includes user-generated content, preferences, and account history.

8. Liability

8.1. General Disclaimer: innofully provides its products "as-is" and "as-available" without any warranties of any kind, whether express or implied. To the fullest extent permitted by law, innofully disclaims all warranties, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties that may arise during the course of dealing or usage of trade.

8.2. Limitation of Liability: To the maximum extent permitted by law, innofully, its directors, officers, employees, agents, or licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your use or inability to use the products.
• Any unauthorized access to or use of our servers and/or any personal information stored therein.
• Any interruption or cessation of transmission to or from our products.
• Any bugs, viruses, trojan horses, or the like that may be transmitted to or through our products by any third party.
• Any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the products, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not innofully has been informed of the possibility of such damages, and even if a remedy set forth herein is found to have failed of its essential purpose.

In no event shall innofully’s total liability to you for all claims arising out of or relating to these T&C or your use of the products exceed the amount paid by you to innofully in the 12 months preceding the claim.

8.3. Liability for Content and Services: innofully strives to provide accurate and up-to-date content and services. However, we do not warrant or guarantee the accuracy, completeness, or reliability of any information provided through its products. Any reliance on the information provided is at your own risk.

innofully is not responsible for the actions, content, information, or data of third parties, and you release us, our directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

8.4. Exclusions and Limitations: Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent innofully may not, as a matter of applicable law, disclaim any warranty or limit its liabilities, the scope and duration of such warranty and the extent of innofully’s liability shall be the minimum permitted under such applicable law.

9. Out-of-Court Dispute Resolution

9.1. For the out-of-court resolution of consumer disputes, the European Union has established an Online Dispute Resolution (“ODR”) platform that you can access at http://ec.europa.eu/consumers/odr. This platform serves as a point of contact for resolving disputes concerning contractual obligations arising from online agreements.

9.2. According to § 36 VSBG (Verbraucherstreitbeilegungsgesetz - Consumer Dispute Resolution Act), innofully GmbH hereby informs you that we are neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

10. Dispute Resolution and Governing Law

10.1. Governing Law: These T&C are governed by and construed in accordance with the laws of Germany, without regard to its conflict of law principles.

10.2. Dispute Resolution: Any disputes arising out of or in connection with these T&C shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany. You agree to first attempt to resolve any disputes through good faith negotiations with innofully before pursuing legal action.

11. Privacy and Data Protection

11.1. Privacy Policy: Your use of the platform is also governed by innofully’s Privacy Policy, which explains how we collect, use, and protect your personal data. We encourage you to review the Privacy Policy to understand our data practices.

11.2. Data Handling by Third Parties: Certain services within the BlissPath platform may be provided by third parties, who may have their own privacy practices. innofully is not responsible for the data practices of these third parties.

12. Modifications to the T&C

12.1. Updates to T&C: innofully reserves the right to update or modify these T&C at any time. You will be notified of any significant changes via email or through the platform. Continued use of the platform after such changes have been made constitutes your acceptance of the new terms.

12.2. User Notification: If you do not agree to the updated T&C, you may terminate your account within 30 days of the notice.

13. Final Provisions

13.1. Severability: If any provision of these T&C is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.2. Entire Agreement: These T&C, along with the Privacy Policy, constitute the entire agreement between you and innofully regarding the use of the BlissPath platform and supersede any prior agreements.

Effective Date: August 9, 2024