{"id":9409,"date":"2026-03-17T14:16:04","date_gmt":"2026-03-17T14:16:04","guid":{"rendered":"https:\/\/staging.somares.de\/agb-2\/"},"modified":"2026-03-19T13:50:07","modified_gmt":"2026-03-19T13:50:07","slug":"gtc","status":"publish","type":"page","link":"https:\/\/somares.de\/en\/gtc\/","title":{"rendered":"GTC"},"content":{"rendered":"\t\t
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General Terms and Conditions (GTC) \/ Terms of Use for the \"Somares\" app<\/h1>\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t
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As of: 24 February 2026<\/p>

These GTC govern the use of the “Somares” app and, depending on the user group, the paid contracts for digital services and the B2B purchase of activation codes.<\/p>

I. General section<\/strong><\/p>

\u00a7 1 Provider, scope of application, terms<\/p>

(1) The provider within the meaning of these GTC is the operator of the “Somares” app (hereinafter referred to as the “provider”).<\/p>

\u00a0<\/p>

IPR Institut f\u00fcr physikalische Raumharmonisierung GmbH
Eschenallee 29
14050 Berlin<\/p>

E-Mail: info@iprh.de<\/a><\/p>

\u00a0<\/p>

(2) These GTC govern the use of the “Somares” app and, depending on the user group, (a) paid contracts for digital services with consumers (Part II), (b) contracts with entrepreneurs for the purchase of activation codes (Part III) and (c) the terms of use for code users (Part I, where applicable).<\/p>

(3) Definitions:<\/p>

a) “App” is the “Somares” application, including all functions, content, audio\/sound offerings, updates and, if applicable, accompanying web offerings.<\/p>

b) “User” is any person who uses the app, regardless of whether a paid contract exists with the provider.<\/p>

c) “Consumer”: A consumer is any natural person who enters into a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity.<\/p>

d) “Entrepreneur” means any natural or legal person or any partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.<\/p>

e) “Direct customer” is a user who has a direct contractual relationship with the provider (consumer according to Part II or entrepreneur according to Part III).<\/p>

f) “Business customer” is a business that purchases activation codes in accordance with Part III.<\/p>

g) “Activation code” is a code that, in accordance with the entrepreneur contract, unlocks time-limited access to the app for end users.<\/p>

h) “Code user” is a consumer who receives an activation code from a business customer and uses it to access the app.<\/p>

(4) Important note for code users (contractual relationship): The following applies expressly to code users: No fee-based contract is concluded between the provider and the code user. The code user does not owe any remuneration to the provider, but \u2013 if at all \u2013 exclusively to the business customer as the direct contractual partner. The provider makes the app functions available to the code user within the scope of technical provision; these GTC shall apply in this respect as terms of use, in particular in accordance with Sections 3 to 7 of this part.<\/p>

Section 2 Description of services, health-related information, no promise of healing<\/p>

(1) The provider makes available via the app, in particular, sounds\/audio and related functions (e.g. playback, timer, favourites, personalisation if applicable) as a digital service. The specific scope of the provider’s services is set out in the service descriptions available in the app. These services consist solely of the provision of services and the provision of storage capacity; no specific success is owed.<\/p>

(2) The app does not offer medical advice, diagnosis or therapy. The content does not replace medical, psychotherapeutic or other professional advice or treatment. No guarantees of healing or success are given; effects may vary from person to person. In case of complaints, illnesses, pregnancy, implants (e.g. pacemakers), epilepsy or uncertainties, professional advice should be sought before use. The app is not suitable for acute emergencies; emergency services\/medical assistance should be contacted.<\/p>

(3) The provider may further develop the app and adapt its functions. For consumers, the provisions in Part II apply in addition, in particular those relating to changes\/updates.<\/p>

\u00a7 3 Requirements, account, duties of care<\/p>

(1) A compatible device, operating system, internet access and, if necessary, a user account are required for use. The user bears the costs of the data connection.<\/p>

(2) Access data must be kept secret and protected against misuse. The user is liable for activities carried out via their account if they are responsible for the misuse.<\/p>

(3) Use by minors is only permitted if their legal representatives give their effective consent and the legal requirements are met.<\/p>

\u00a7 4 Rights of use<\/p>

(1) The provider grants the user a simple, non-transferable and non-sublicensable right to use the app and the content provided for the duration of the contract or activation period.<\/p>

(2) In particular, the reproduction or distribution of the content, making it publicly available, reverse engineering unless expressly permitted by law, circumventing technical protection measures, automated reading (scraping) and commercial use without express agreement are prohibited.<\/p>

\u00a7 5 Availability, maintenance<\/p>

As part of its main service obligation, the provider offers an average database availability of 95% per year within the scope of its technical and operational capabilities and those of its provider. Within this framework, the provider is entitled to shut down the database for the purposes of updating or technical inspection and maintenance. The user agrees to all shutdowns \u2013 including those at short notice and without prior notice \u2013 that are necessary or useful for technical reasons. In return, the provider undertakes to carry out such shutdowns only at times when data retrieval is low.<\/p>

\u00a7 6 Conduct obligations, misuse<\/p>

(1) Users may not misuse the app, perform any illegal actions or circumvent any protective mechanisms.<\/p>

(2) In the event of violations, the provider may block or terminate access in accordance with \u00a7 7I.<\/p>

\u00a7 7 Blocking<\/p>

The provider may temporarily or permanently block access if there is good cause (e.g. serious violation of \u00a7 4 or \u00a7 6, security risks) and a weighing of interests justifies the block. In principle, blocks against consumers shall be made after prior warning, unless this is dispensable in exceptional cases (e.g. in the event of acute security incidents).<\/p>

\u00a7 8 Final provisions (B2B)<\/p>

(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).<\/p>

(2) Only the German version of this text is binding, even if the General Terms and Conditions are translated into another language.<\/p>

II. Terms and conditions for consumers (direct customers) \u2013 annual access & monthly access<\/strong><\/p>

\u00a7 9 Conclusion of contract, inclusion<\/p>

(1) The presentation of the app services is an invitation to submit an offer. The contract is concluded when the provider accepts the order (e.g. by confirmation in text form) or activates access.<\/p>

(2) The contract language is German.<\/p>

\u00a7 10 Service levels, prices, billing logic<\/p>

(1) Annual access (start model, cannot be terminated ordinarily): The price is EUR 365.00 including VAT. The term is 12 months from activation. The contract is not automatically renewed and ends automatically at the end of the term. Ordinary termination is excluded; the right to extraordinary termination for good cause remains unaffected.<\/p>

(2) Monthly access (only after expiry of annual access): The price is EUR 30.00 including VAT per month. Monthly access can only be booked after the annual access has expired completely; initial conclusion exclusively as monthly access is excluded. Monthly access can be terminated at any time at the end of the current billing period (monthly).<\/p>

(3) Prices include statutory value added tax.<\/p>

\u00a7 11 Changes\/updates to digital services<\/p>

(1) The provider shall provide necessary updates (in particular security updates). The provider may make adjustments to the digital service insofar as this is necessary to maintain contractual compliance, security or further development and does not unreasonably affect consumers.<\/p>

(2) The provider shall notify the consumer in writing in good time of any significant changes that affect access or usability to a not inconsiderable extent. Where provided for by law, the consumer shall be given a reasonable opportunity to terminate the contract if they do not accept the change.<\/p>

\u00a7 12 Payment, default<\/p>

(1) Unless otherwise stated, payment is due immediately.<\/p>

(2) If the consumer is in default, the statutory consequences of default shall apply.<\/p>

(3) The provider offers the following payment options:<\/p>

a) If you choose to pay in advance, we will provide you with our bank details in the order confirmation. The invoice amount must be transferred to the provider’s account within 10 days.<\/p>

b) When paying by credit card, the direct customer’s account will be debited upon acceptance of the order.<\/p>

c) If the direct customer chooses the PayPal payment method, they pay the invoice amount via the online provider PayPal. The direct customer must be registered there or register first, authenticate themselves with their access data and confirm the payment instruction to the provider (except in the case of guest access). The customer will receive further information during the ordering process.<\/p>

\u00a7 13 Rights in respect of defects in digital services<\/p>

The statutory provisions apply, where applicable.<\/p>

\u00a7 14 Termination<\/p>

(1) Annual access: The contract ends automatically after 12 months; ordinary termination is excluded.<\/p>

(2) Monthly access: The contract can be terminated at any time at the end of the following month.<\/p>

(3) The right to extraordinary termination for good cause remains unaffected. Good cause shall be deemed to exist in particular in the event of serious misuse of the app or significant security breaches.<\/p>

(4) If the monthly access was concluded online, the provider shall provide a simple electronic termination option in the app (e.g. termination function\/ termination button) or, alternatively, in the booking system used, provided that the contract is managed there.<\/p>

\u00a7 15 Right of withdrawal (consumers) \u2013 digital services<\/p>

Cancellation policy<\/strong>:<\/p>

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.<\/p>

To exercise your right of withdrawal, you must inform the provider,<\/p>

[Name], [Address], [Email],<\/p>

by means of a clear statement (e.g. a letter sent by post or e-mail) of your decision to withdraw from this contract. You can use the sample withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period expires.<\/p>

Consequences of withdrawal: If you withdraw from this contract, the provider must refund all payments received from you without delay and at the latest within fourteen days from the day on which the provider received notification of your withdrawal. For this repayment, the provider will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you.<\/p>

Compensation for services rendered before the end of the withdrawal period: If you have requested that the provider commence performance during the withdrawal period, you shall pay the provider a reasonable amount corresponding to the proportion of the services already rendered up to the time you notify the provider of the exercise of your right of withdrawal, compared to the total scope of the services provided for in the contract. In the case of time-dependent access, this can be calculated on a pro rata basis according to the usage time that has already elapsed.<\/p>

Premature expiry of the right of withdrawal: Your right of withdrawal expires prematurely if the provider has fully rendered the service and only began rendering the service after you gave your express consent and simultaneously confirmed your awareness that you would lose your right of withdrawal upon complete fulfilment of the contract by the provider.<\/p>

Note on ordering (technical implementation): The provider requires the consumer to actively confirm during the ordering process: “I expressly request that the provider begin performance before the expiry of the right of withdrawal period. I am aware that I will be required to pay compensation in the event of withdrawal.”<\/p>

Sample withdrawal form: If you wish to withdraw from the contract, you can also fill out the sample withdrawal form and return it.<\/p>

III. Terms and conditions for businesses (B2B) \u2013 Activation codes<\/strong><\/p>

\u00a7 17 Subject matter of the contract<\/p>

(1) The provider sells or transfers to the business customer, in return for payment, an agreed number of activation codes to activate the use of the app for code users for an individually agreed term.<\/p>

(2) The price, number, term and, if applicable, scope of services are determined exclusively by the individual offer\/contract between the provider and the business customer.<\/p>

\u00a7 18 Conclusion of contract<\/p>

A contract is concluded upon acceptance of an offer (in text form or in writing) or upon transmission\/activation of the activation codes as agreed.<\/p>

\u00a7 19 Remuneration, payment<\/p>

(1) All prices are exclusive of statutory value added tax, unless otherwise agreed.<\/p>

(2) Payment terms and invoicing are specified in the individual contract; in case of doubt, remuneration is due immediately.<\/p>

\u00a7 20 Use and disclosure of activation codes<\/p>

(1) Activation codes may only be used for transfer to private end users (code users) within the scope of the agreed purpose.<\/p>

(2) In particular, resale as commercial goods, public distribution\/publication of codes, multiple use contrary to the technical design and circumvention of technical protection mechanisms are prohibited, unless expressly permitted.<\/p>

(3) The business customer is responsible for the secure storage and management of the codes and must report any misuse immediately.<\/p>

\u00a7 21 Relationship between business customer and code user; information obligations<\/p>

(1) The business customer is the direct contractual partner of the code user for the transfer of the activation code and any own services or remuneration agreements.<\/p>

(2) The business customer shall ensure that code users are informed prior to use that no fee-based contract exists with the provider and that they comply with the terms of use of these GTC, in particular Part I \u00a7\u00a7 3 to 7.<\/p>

(3) The business customer shall refrain from making misleading health-related statements or promises of healing in connection with the app and shall comply with all applicable advertising and consumer protection regulations.<\/p>

\u00a7 22 Blocking\/deactivation; end of term<\/p>

(1) The provider may deactivate activation codes or block access if there is an important reason (e.g. code misuse, serious breach of contract, security risks, default of payment by the business customer) and the measure is proportionate.<\/p>

(2) Unless otherwise agreed, activation shall automatically end upon expiry of the agreed term.<\/p>

\u00a7 23 Warranty (B2B)<\/p>

The statutory provisions shall apply unless otherwise stipulated in the individual contract.<\/p>

\u00a7 24 Final provisions (B2B)<\/p>

(1) German law shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).<\/p>

(2) The place of jurisdiction for merchants is, to the extent permissible, the registered office of the provider.<\/p>

(3) Amendments and additions must be made in writing, unless a stricter form is prescribed.<\/p>

\u00a0<\/p>

Sample cancellation form:<\/strong><\/p>

\u00a0<\/p>

If you wish to withdraw from the contract, please fill out this form and send it back.<\/p>

To:<\/p>

Provider,<\/p>

[Address],<\/p>

[Email].<\/p>

\u00a0<\/p>

I hereby cancel the contract I have concluded for the provision of the following service: Use of the “Somares” app (annual access\/monthly access).<\/p>

\u00a0<\/p>

Ordered on: ________ \/ activated on: ________.<\/p>

Name of consumer: ________.<\/p>

Address of the consumer: ________.<\/p>

\u00a0<\/p>

Signature (only for paper notifications): ________.<\/p>

\u00a0<\/p>

Date: ________.<\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

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