General Terms and Conditions
1. Scope of application
1.1. These General Terms and Conditions (“Terms”) apply to all users of the services accessible through https://thesophy.app (the “Website”) and the Sophy mobile application (the “App”) (the “Services”) (The “User” or “You”) provided by SPNS Enterprise FZ-LLC (“Sophy”, the “Company” or “Us” or “We”) registered at the address FOB50236 Compass Building, Al Shohada Road, AL Hamra Industrial Zone-FZ, Ras Al Khaimah, United Arab Emirates, insofar as no individual contractual agreements have been made.
1.2. You may access these Terms on our website (https://thesophy.app) or in the App at any time, enabling You to view, download, save and read them at any time. You can also access and print them when creating an Account and we also send the Terms to You as part of the confirmation email.
1.3. The version of the Terms valid at the time of the conclusion of a contract shall apply.
2. Services
2.1. Sophy provides You with a wide range of content related to lifestyle coaching, mental well-being and mindfulness, coaching, in particular guided meditations and coaching programs.
2.2. Sophy neiter is health-care service nor designed for the purpose of diagnosis or treatment of any mental disorder, medical disease, or condition.
2.3. You must be over the legal age in your jurisdiction to use Sophy.
3. Use of the Services; Subscription
3.1. Account registration
3.1.1. In order to use and benefit from the Services, You must create an Account (“User Account” or “Account”) by following the registration instructions in the App or on the Website. When registering an Account, You will be asked to provide Sophy with certain personal data such as name, address, and email address and to choose a password. Registration is free of charge. There is no right to registration. By sending the registration form, You make an offer to conclude a user agreement (the “Member Contract”) with Sophy that is subject to these General Terms and Conditions. If Sophy accepts the registration, You will receive a confirmation email. With the receipt of the confirmation email, the Member Contract with Sophy is concluded. Each User can only register once.
3.1.2. With registration, You declare that (i) You are legally competent to enter into binding contracts; (ii) all registration information You submit is true and accurate; (iii) You will be responsible for the accuracy and completeness of such information in the future; and (iv) your use of the Services does not violate any applicable law.
3.2. Free Services
Some parts of our Services are available to You unlimited and free of charge. However, You must register a User Account to use them.
3.3. Sophy Standart
With Sophy Standart You get full access to the entire selection of our content (excluding 21 days individual programs). You can choose between a monthly or one-year paid subscription plan (a “Subscription Plan”), depending on your preferences.
3.4. Sophy Premium
With Sophy Premium You get full access to the entire selection of our content including 21 days individual programs. You can choose a Subscription Plan depending on your preferences.
3.5. General Requirements for Subscriptions to all Services
To use the Services, You must have Internet access, a device that can utilize the Sophy Services, and a valid form of payment. You authorize us to charge any form of payment You provide, in connection with your subscription.
4. Conclusion of Contract
Availability of the below services is subject to change and can be amended at Sophy’s discretion. The mention of service below does not constitute a binding offer.
4.1. Sophy Standart and Sophy Premium
If the User wishes to subscribe, it first has to select one of the Subscription Plans and the type of subscription (Sophy Standart or Sophy Premium). By clicking the button “Purchase”, the User makes a binding offer to conclude a contract for the selected Services and Subscription Plan. The acceptance of the offer (and thus the conclusion of the contract) is affected by confirmation of the booking by Sophy via email. The legally relevant booking confirmation is not the same as the obligatory confirmation of the receipt of the offer via email. The confirmation of receipt merely documents that the participant’s booking has been received by Sophy and does not constitute acceptance of the offer.
5. Payment
5.1. Sophy Standart
Our paid subscription for Sophy Standart is payable in advance for the entire subscription period agreed upon at the time of booking according to your Subscription Plan. You agree that Sophy may charge the fees for the entire subscription period to the same credit card used for the initial Subscription fee or to the other payment instrument You provided.
5.2. Sophy Premium
Our paid subscription for Sophy Premium is payable in advance for the entire subscription period agreed upon at the time of booking according to your Subscription Plan. You agree that Sophy may charge the fees for the entire subscription period to the same credit card used for the initial Subscription fee or to the other payment instrument You provided.
6. Termination
6.1. By the User
6.1.1. You may cancel your subscription at any time with effect from the end of your current subscription period by sending your request to [email protected].
6.1.2. Upon our acceptance of your email request, You will receive a confirmation of receipt of your cancellation to the email You provided during registration.
6.1.3. Please note that if You subscribe through the Apple App Store or our iPhone application, You can cancel your subscription by disabling auto-renewal of paid in-app subscriptions. To do this, You must select “Manage App Subscriptions” under Settings in your App Store Account and then select the subscription You wish to change. If You subscribe through the Google Play Store, You can cancel auto-renewals in the Account Settings under “Subscriptions” in the Google Play app or by following the procedure provided by Google Play.
6.1.4. If You do not cancel your subscription before the end of your current subscription period, the subscription will continue for a further period.
6.1.5. The right to terminate the contract for cause remains unaffected.
6.2. By Sophy
6.2.1. We may extraordinarily suspend or terminate your use of the Services for cause, including, without limitation, fraud on your part. Such termination or suspension may be affected immediately and without prior notice, if it is not reasonable for Sophy to notify You in advance, taking into Account the circumstances of the individual case and weighing the interests of both parties. Good cause entitling us to terminate your use of the Services for cause exists, in particular, if:
- You copy or download the audio or video content of the Services without permission,
- Your use of the Services may constitute a violation of any applicable laws or regulations.
- Your use of the Sophy under the legal age in your jurisdiction.
7. Right of withdrawal
By using our Services, You agree and acknowledge that Our Services are deemed as “immediately performed services on electronic platform”, and that You shall not have the right to withdraw and no payment is to be refunded, in accordance with Article 15 of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188. Having said that, the general terms and conditions of Apple App Store and Google Play Store shall be applied to the purchases conducted through them accordingly.
For purchases conducted through the Apple App Store, you can request a refund from Apple only. For all purchases made through the Apple App Store, Apple acts as the distributor and handles refunds itself. You accept and acknowledge that We cannot make a refund for purchases conducted through the Apple App Store. For more information on Apple’s refund process please refer to https://support.apple.com/en-us/HT204084.
For purchases conducted through Google Play Store and/or the Website, We evaluate the refund requests at Our sole discretion provided that the refund request is submitted within 14 days following the conclusion of the contract.
The right of withdrawal expires already before the expiration of two weeks after the conclusion of the contract, if Sophy has provided the service in full within the same period.
8. Liability
8.1. In the event of simple negligence, we shall only be liable if there is a breach of essential contractual obligations. An essential contractual obligation within the meaning of this provision shall be understood to be an obligation the fulfillment of which makes the performance of this contract possible in the first place and on which the contractual partner may therefore generally rely.
8.2. The liability according to the above clause 8.1 shall be limited to typical and foreseeable damage at the time of the conclusion of the contract.
8.3. The limitation of liability shall also apply mutatis mutandis in favor of our employees, representatives, and vicarious agents.
9. Disclaimer
9.1. Sophy is a provider of content related to lifestyle coaching, well-being, meditation, and wellness. We are not a health care provider or a medical device provider, nor do our Services constitute medical advice. Only your physician or other healthcare provider is able to do so.
9.2. Sophy makes no representations, warranties, or assurances that the Services provide any therapeutic benefit.
9.3. All health information, links to the Services and/or recommendations or other materials, whether provided by Sophy or by outside vendors, are provided for non-binding general informational purposes only.
9.4. Recommendations and other materials provided by us are intended to enhance, but not replace, the relationship that exists between You and your healthcare providers. We assume no liability for any consequences resulting from You having read or others having told You about these recommendations or other materials. Rather, You assume sole responsibility for your decisions and actions.
10. Intellectual Property
10.1. Sophy grants the User the non-exclusive, non-sublicensable and non-transferable right, limited in time and withdrawable at any time, to access the Services via the Website or App provided by Sophy solely for the purposes set forth herein and to use them accordingly. Any further use of the Website or the App, including the images, characters, icons or product descriptions displayed, is not permitted without Sophy`s express consent.
10.2. When using the Website or the App, it is prohibited to copy, modify or create derivative works based on the information displayed therein and the software related to the Services. It is further prohibited to extract (e.g. by “scraping”) to the services depicted on the Website or the App and/or to reuse the information outside the Website or the App.
11. Indemnification
The User indemnifies Sophy from all claims that are asserted against Sophy due to a violation of legal requirements or prohibitions laid down in these Terms for which the User is responsible. The User assumes all costs incurred by Sophy, including the reimbursement of costs of necessary legal representation.
12. Availability
Sophy does not guarantee the availability of the Website and/or App at any time or the occurrence and/or proper technical transmission of the offered services. Sophy endeavors to make the Website and the App available for use by the User as uninterruptedly as possible. Nevertheless, downtimes may occur due to maintenance work and technical problems. The User is not entitled to any claims due to possible downtimes. Sophy does not guarantee that all services or parts thereof can be used from any location. Sophy is entitled without prior notice to change or adapt the Website or App, e.g. due to legal requirements or technical developments. Sophy reserves the right to delete the Website and/or App in parts or as a whole as well as to discontinue the offer temporarily or permanently.
13. Performance delays, technical requirements
13.1. Delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented even by the utmost care of Sophy (this includes in particular strikes and official or judicial orders), Sophy is not responsible. The user entitles Sophy to postpone the provision of services for the duration of the impending event.
13.2. The use of the services offered by Sophy requires appropriate compatible equipment and regularly sufficient Internet access, which the User must provide at his own responsibility and expense. Sophy assumes no responsibility for the loss or improper transmission of information and/or Services based on the fact that the User has not created the necessary conditions.
14. Data Protection
In the context of the use of our services, it is necessary to process certain personal data of our users. For the processing of personal data by us, our Privacy Policy applies, which is available under here, as well as on our website and in the app. In our Privacy Policy, You can read which personal data we process, for what purpose they are processed, and on what legal basis.
15. Changes to these Terms
We reserve the right to make changes to these Terms at any time without prior notice. You should review the most up-to-date version of these Terms before using our Services.
16. Miscellaneous
16.1. The contractual language is English.
16.2. The contractual relations between the parties are governed by the law of the UAE excluding the UN Convention on Contracts for the International Sale of Goods (CISG). If You are a consumer and do not reside in the UAE, the contractual relationship is subject exclusively to the laws of the UAE excluding the CISG, unless mandatory provisions of the laws of the country in which You have your habitual residence provide otherwise.
16.3. If You do not have a general place of jurisdiction in UAE, or if You have moved your permanent place of residence abroad after these Terms have become effective, or if your place of residence or habitual residence is not known at the time the action is filed, the exclusive place of jurisdiction for all disputes arising from this contract is our registered office.
16.4. Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions of the Terms. The ineffective provision shall be replaced by the contracting parties by mutual agreement by such a provision which comes closest to the economic sense and purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.