Last Updated: October 2nd 2024
These terms and conditions (“Terms”) apply to your access and use of ZENmix by Jens Boje (the “Service”). Please read them carefully.
If you access or use the Service, it means you agree to be bound by all of the terms below. So, before you use the Service, please read all of the terms. If you don’t agree to all of the terms below, please do not use the Service. Also, if a term does not make sense to you, please let us know by e-mailing hello@zenmix.io or using the contact form.
We reserve the right to modify these Terms at any time. For instance, we may need to change these Terms if we come out with a new feature or for some other reason.
Whenever we make changes to these Terms, the changes are effective 14 days after we post such revised Terms (indicated by revising the date at the top of these Terms) or upon your acceptance if we provide a mechanism for your immediate acceptance of the revised Terms (such as a click-through confirmation or acceptance button). It is your responsibility to check ZENmix for changes to these Terms.
If you continue to use the Service after the revised Terms go into effect, then you have accepted the changes to these Terms.
For information about how we collect and use information about users of the Service, please check out our privacy policy available at Privacy Notice.
From time to time, we may provide you with links to third party websites or services that we do not own or control. Your use of the Service may also include the use of applications that are developed or owned by a third party. Your use of such third party applications, websites, and services is governed by that party’s own terms of service or privacy policies. We encourage you to read the terms and conditions and privacy policy of any third party application, website or service that you visit or use.
All payments for our digital products and subscriptions are securely processed through trusted third-party providers, Paddle or Lemon Squeezy, both of which act as the Merchant of Record. This means that they are responsible for handling the transaction, including billing, payment processing, and tax compliance.
Our subscriptions, one-time fee apps and all digital downloads are sold via Paddle with the exception of the Breathing Timer Web App, which is sold via Lemon Squeezy.
Both platforms support a variety of payment methods, such as credit/debit cards and other localized options. Please note that your purchase will appear on your billing statement under the name of the payment provider.
Due to the nature of digital products, all sales are final. We do not offer refunds on any purchases, as our products are delivered as digital downloads. We encourage you to listen, read or use all previews available before making a purchase to ensure it suits your needs.
However, we reserve the right to issue refunds or credits at our sole discretion in exceptional circumstances. Any such decision will be made on a case-by-case basis and does not obligate us to offer similar refunds in the future.
Upon the purchase of any digital product from our platform, you are granted a non-exclusive, non-transferable license to use the content in accordance with the terms outlined in the specific license applicable to each product.
Each product is clearly marked with its respective license.
The following licenses apply to the products available for purchase:
Please review the full terms of each license by clicking the links above. By purchasing any product, you agree to abide by the relevant licensing terms.
When you create an account or when created as result of a purchase, you agree to maintain the security of your password and accept all risks of unauthorized access to any data or other information you provide to the Service.
If you discover or suspect any Service security breaches, please let us know as soon as possible.
You agree to use the Service only for its intended purpose and in compliance with all applicable laws and regulations. You are prohibited from:
We reserve the right to terminate or restrict your access to the Service if we believe you have violated these acceptable use provisions.
We put a lot of effort into creating the Service including, the logo and all designs, text, graphics, pictures, information and other content (excluding your content). This property is owned by us or our licensors and it is protected by German and international copyright laws. We grant you the right to use it.
However, unless we expressly state otherwise, your rights do not include: (i) publicly performing or publicly displaying the Service; (ii) modifying or otherwise making any derivative uses of the Service or any portion thereof; (iii) using any data mining, robots or similar data gathering or extraction methods; (iv) downloading (other than page caching) of any portion of the Service or any information contained therein; (v) reverse engineering or accessing the Service in order to build a competitive product or service; or (vi) using the Service other than for its intended purposes. If you do any of this stuff, we may terminate your use of the Service.
You may create a hyperlink to the Service. But, you may not use, frame or utilize framing techniques to enclose any of our trademarks, logos or other proprietary information without our express written consent.
ZENmix makes no claim or representation regarding, and accepts no responsibility for third party websites accessible by hyperlink from the Service or websites linking to the Service. When you leave the Service, you should be aware that these Terms and our policies no longer govern.
If there is any content on the Service from you and others, we don’t review, verify or authenticate it, and it may include inaccuracies or false information. We make no representations, warranties, or guarantees relating to the quality, suitability, truth, accuracy or completeness of any content contained in the Service. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on any content.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL ZENmix by Jens Boje BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALL THEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO ZENmix by Jens Boje. THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THIS AGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold us harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees, costs, penalties, interest and disbursements) we incur in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party relating to your use of the Service or the use of the Service by any person using your account, including any claim that your use of the Service violates any applicable law or regulation, or the rights of any third party, and/or your violation of these Terms.
The validity of these Terms and the rights, obligations, and relations of the parties under these Terms will be construed and determined under and in accordance with the laws of the Germany, without regard to conflicts of law principles.
You expressly agree that exclusive jurisdiction for any dispute with the Service or relating to your use of it, resides in the courts of Germany and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of Germany located in Frankfurt in connection with any such dispute including any claim involving Service. You further agree that you and Service will not commence against the other a class action, class arbitration or other representative action or proceeding.
If you breach any of these Terms, we have the right to suspend or disable your access to or use of the Service.
Failure by ZENmix by Jens Boje to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of ZENmix by Jens Boje. If we fail to enforce any part of these Terms, it does not mean we waive the right to enforce it in the future.
ZENmix by Jens Boje will not be liable or responsible for any failure or delay in performing its obligations under these Terms if such failure or delay is caused by an event beyond our reasonable control, including but not limited to natural disasters, wars, strikes, embargoes, government regulations, pandemics, power outages, or failure of telecommunications or internet services. In such cases, we will be relieved from our obligations during the period of disruption and will use reasonable efforts to resume the Service as soon as practicable.
If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The remaining provisions will continue to be valid and enforceable to the fullest extent permitted by law.
These Terms constitute the entire agreement between you and ZENmix by Jens Boje regarding the use of the Service, superseding any prior agreements between you and ZENmix by Jens Boje relating to your use of the Service.
All legal details are in the Imprint as required by German law.