General terms and conditions of business
These general terms and conditions (the "GTC") apply to the conclusion of contracts between Meet Your Master GmbH, Possartstraße 14, 81679 München ("Meet Your Master") and persons who receive Services from Meet Your Master ("Users").
The platform
The platform is available online at www.meetyourmaster.de (the "Website") and, where applicable, via software applications provided by Meet Your Master for use on or with computers and mobile devices (the "Apps").
Through the Platform, Meet Your Master offers its Users access to videos in which public figures who serve as role models and beacons share their unique experiential knowledge in a professionally edited and unique way (collectively, the "content").
Users can register for their own password-protected area on the Website ("User Account"). Users shall keep private their access data to their User Account and shall not disclose such data to any third party. Users are obliged to provide all data required for registration and use of the platform completely and truthfully and to update such data in case of changes.
The use of the platform is only permitted to fully contractually capable, natural persons over the age of 18 who act as consumers within the meaning of § 13 BGB, i.e. not for a commercial or independent professional purpose.
The Content
Content may be available on the Platform permanently or only for a limited period of time (in particular due to limited license periods agreed with third party licensors or for legal reasons) and will be regularly supplemented or replaced by Meet Your Master with new content. As part of the further development of the Platform, Meet Your Master may also adapt the content categories within the existing overall thematic character of the Platform in order to offer content relevant to its Users; in this context, new content categories may in particular be added and existing content categories may be adapted or removed. Meet Your Master's services therefore do not include providing certain content or a certain amount of content on a permanent basis.
Content is retrieved exclusively via the corresponding functions of the platform. Content can be retrieved in the form of a Single Purchase of a course selected by the User ("Single Purchase") or in the form of permanent use of all content made available for permanent use with a minimum term of 12 months ("Masterpass"). For this purpose, the User concludes the contract with Meet Your Master for the Single Purchase or Masterpass by pressing the correspondingly labeled button and subsequently receives an e-mail confirmation of the conclusion of this contract.
For the Single Purchase or the Masterpass, the User shall in each case pay the remuneration amounts shown on the platform prior to the Single Purchase or the use of the Masterpass (the "Payment Fee"). The amounts stated on the platform for Single Purchase or the Masterpass are in euros and include the statutory value-added tax applicable at the time. The Payment Fee shall become due immediately upon conclusion of the contract for the respective Single Purchase or the Masterpass. The payment process takes place by means of the payment options indicated on the platform via external payment service providers to which the User may be forwarded by the platform.
A minimum term of 12 months applies to the Masterpass, i.e. the User may terminate the Masterpass contract for the first time upon expiration of 12 months. The Payment Fee for the Masterpass is due immediately upon conclusion of the Masterpass contract. The payment process takes place by means of the payment options specified on the platform via external payment service providers to which the User may be forwarded by the platform.
The Masterpass
Users who have paid for the rights and have completed obligations from the Masterpass (the "Membership", Users who have a Membership will be completed during which Term also referred to as "Members"), have access to all content available for Membership in each case. The Membership is a contract between Meet Your Master and the respective Member.
The conclusion of the Membership takes place exclusively via the corresponding functions of the platform. For this purpose, a user enters all data quired for the conclusion of the Masterpass into the respective fields and completes the Registration by pressing the appropriately labeled buttons. The Masterpass Member will then receive an e-mail confirmation of the conclusion of the Masterpass.
The Masterpass has the respective initial minimum term indicated on the platform in the context of their conclusion. Unless it is terminated by the Member or Meet Your Master in text form (e.g. by e-mail) at least one (1) month prior to the expiration of the initial or extended term, the Membership will be automatically extended by the period of the respective initial term, but in no case by more than one (1) year. Legal rights of both parties to extraordinary termination for cause remain unaffected.
For the Membership, the Member shall in each case pay the remuneration amounts shown on the Platform upon conclusion of the Membership (the "Membership Fee"). The amounts stated on the platform for Memberships are in euros and include the applicable statutory value added tax. The Membership Fee shall become due in advance upon conclusion or renewal of a Membership for the respective term of the Membership in total. The payment process for the specified Membership fee is carried out by means of the payment options specified on the platform via external payment service providers to which the User may be forwarded by the platform.
Meet Your Master does not assume any obligation regarding the number, content and intervals of the Master in Masterpass. Likewise, Meet Your Master does not assume any obligations regarding the extension of the Masterpass or the timing of the possible extension of the Masterpass.
Terms of Use of Content
Content is made available to Users via their User account on the Website and, if applicable, in the apps as a video stream made accessible. To play the video streams, there may be technical requirements that the User must meet in terms of end device, software and internet connection. These technical requirements can be viewed on the Website. The download and permanent storage of the content on end devices of Users are only permitted within the scope of the apps provided by Meet Your Master.
Meet Your Master or its licensors are the sole owners of all rights to the Website, the apps and the content offered on the platform.
For the duration of the technical availability of the content ordered in the Single Purchase, but at least for three (3) days, Users receive a limited, non-exclusive, non-transferable and non-sublicensable right to call up and view the content ordered in the Single Purchase in unchanged form on their end devices within the scope of the technical possibilities provided by the Platform for their own, private purposes.
As part of the Membership, Members receive a limited, non-exclusive, non-transferable and non-sublicensable right for the duration of their Membership to access and view the content available on the platform for Masterpass on their end devices for their own, private purposes within the scope of the technical possibilities provided by the platform.
Users are prohibited from copying the content (in particular by bypassing any copy protection that may exist) and making it available to third parties for use in any form online or offline.
The User is responsible for any activities related to the Membership. In order to maintain control of the account and prevent access by unauthorized persons (including the title history for the respective account), the User should always have control over the devices used to access the account and should not disclose the User's password or data to third parties. The User is responsible for updating the information provided in connection with the Membership and always ensuring that it is up to date. In order to protect against identity theft or other fraudulent activities, Meet Your Master is authorized to terminate the Membership and temporarily suspend the User account.
Right of Withdrawal
For contracts with Meet Your Master, a statutory right of withdrawal applies to all consumers as defined by § 13 BGB (German Civil Code). The cancellation policy is available at www.meetyourmaster.de/de/widerrufsbelehrung.
The right of withdrawal expires in the case of a contract for the Delivery of not on a physical medium located digital content then when Meet Your Master started executing the contract after the User (i) expressly consented to Meet Your Master with the execution of the contract before the end of the cancellation period begins, and (ii) has confirmed his knowledge that he by his consent at the beginning of the execution of the contract loses his right of withdrawal.
Liability
Meet Your Master is liable for Damages and futile expenses of the User (hereinafter collectively referred to as "Damages") in accordance with the statutory Provisions, unless otherwise provided below.
In the event of a culpable breach of essential contractual obligations, insofar as this is not due to gross negligence or intent, Meet Your Master's liability is limited to the Damages foreseeable at the time of conclusion of the contract, which typically arise in contracts for Services of this type. In this context, a material contractual obligation is an obligation the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the User regularly relies and may rely. Meet Your Master is not liable for Damages caused by a culpable breach of non-essential contractual obligations, unless this is due to gross negligence or intent.
The statutory liability of Meet Your Master pursuant to § 1 of the Product Liability Act, for Damages arising from injury to life, body or health, for fraudulently concealed defects and for Damages for which Meet Your Master is liable regardless of fault due to the assumption of a guarantee, remains unaffected by the above limitations and exclusions of liability.
Data protection
Meet Your Master collects and processes personal data of the Users on the platform. In doing so, the provisions of data protection law, in particular the General Data Protection Regulation, are observed. Details on the collection and processing of personal data by Meet Your Master can be found in Meet Your Master's privacy policy at www.meetyourmaster.de/de/datenschutz.
further development of the platform; Changes to Terms and Conditions and Prices
Meet Your Master will continue to develop the Platform in order to provide a range of content and new functions that are relevant to its Users. Insofar as changes to the platform should fundamentally and significantly alter the overall character of the platform existing at the time of conclusion of the respective Membership, in particular with regard to the topics offered, the overall scope of the content offered or the functionalities, a Member is entitled to terminate his Membership without notice by declaration in text form (e.g. e-mail). Meet Your Master is accordingly entitled to terminate without notice if the marketing of Memberships or the operation of the platform in general is discontinued. In the event of such termination in accordance with this clause 8.1, Meet Your Master will reimburse the Member for the prepaid costs of the Membership on a pro rata basis for the period not yet expired when the termination takes effect. In addition to Section 3.5, Meet Your Master clarifies that Members are not entitled to any course of Masters announced in the "Coming Soon" section. Members and Users acknowledge that they have been made aware of this and have not entered into the contractual obligations because of the Masters mentioned in the "Coming Soon".
Meet Your Master may change these GTC, as well as Payment Fees and Membership Fees, at any time, effective for future Single Purchases and Membership sign-ups. The current version of these GTC is available for download at www.meetyourmaster.de/de/agbs.
In the event of an amendment to the GTC with effect (also) for existing Single Purchases and Members, Meet Your Master will notify all affected Users of the new version of the GTC by e-mail no later than one month before it comes into force, expressly pointing out the possibility and consequences of an objection to the amendment to the GTC in accordance with the following sentences of this section 8.3. Such an amendment to the GTC shall be deemed to have been approved by the respective User, unless it is unreasonable for the User, and shall become binding for the User's existing Single Purchase or further Memberships when it comes into force, unless the User objects to the amendment in text form (e.g. by e-mail) within 30 days of notification of the amendment. If a Member objects to an amendment to the Terms and Conditions as described in the preceding sentence, Meet Your Master has the right to terminate the Member's Membership at the end of the month with 30 days' notice from the date the objection is raised. In the event of such termination, Meet Your Master will refund to the Member the prepaid cost of the Membership on a pro rata basis for the period not yet expired when the termination becomes effective.
If and to the extent that Meet Your Master's total costs for providing your contractual Services increase, Meet Your Master may, in accordance with the following provisions of Sections 8.4 to 8. 6, adjust the Membership Fees once per calendar year with effect from the next term extension, namely (i) in case of an increase in the costs of production and/or licensing of the offered content or other costs of third party upstream suppliers such as, in particular, providers of hosting or content delivery Services and infrastructure; (ii) in case of introduction of new or increase of existing copyright and ancillary copyright royalties payable to rights holders or collecting societies such as GEMA in relation to Meet Your Master's Services; (iii) in the event of an initial levy or increase of other or special taxes, duties or fees to be borne by Meet Your Master in relation to the Services to the extent required by law; (iv) in the event of an increase in the costs of the technical provision of the Services, in particular in the event of an increase in the costs of the technical operation, maintenance or repair of networks and data centers as well as the associated technical facilities or the costs of the technical transmission of the content; (v) in the event of an increase in labor or material costs; (vi) in the event of an increase in the costs of customer administration (customer support Services and the technical systems required for this), insofar as these costs are not otherwise passed on (e.g. via telephone charges). e.g. via telephone charges) are passed on to the Members.
The adjustment of the Membership Fee is only permitted (i) in accordance with the proportion that the increased cost component accounts for in the total costs attributable to the Services; (ii) if the changes in costs are due to circumstances that did not exist at the time of the conclusion of the Agreement and could not have been foreseen and therefore could not have been taken into account by Meet Your Master when setting the fees at the time of the conclusion of the Agreement; and (iii) if simultaneous reductions in other cost components are taken into account when calculating the increase in the total costs for the Services. Meet Your Master will notify the Member of any adjustment to the Membership Fee by email no later than two (2) months before the adjustment takes effect. Meet Your Master will expressly inform the User in the notification that he/she may give ordinary notice of termination in accordance with section 3.3 before the adjustment of the Membership fee takes effect.
If and to the extent that Meet Your Master's total costs for providing the Services are reduced as a result of circumstances referred to in clause 8.4 that occur after the conclusion of the contract, Meet Your Master undertakes to reduce the Membership Fee in accordance with the reduction in costs attributable to these Services and the proportion that the reduced cost component accounts for of the total costs attributable to the Services. Increases in other cost components pursuant to Section 8.4 may be taken into account by Meet Your Master in calculating the reduction in total costs, provided that such cost increases have not already been taken into account in the originally agreed fee or in any fee increase.
Notwithstanding the foregoing, in the event of a change in the statutory value added tax, Meet Your Master is always entitled to adjust the prices accordingly without delay.
Special conditions for vouchers and discount codes
The use of gift and other value vouchers, as well as discount codes issued as part of promotions or similar, is subject to the additional terms and conditions displayed at the time of purchase of the respective voucher or issue of the respective discount code. A cash payment of the credit of a gift or value voucher is excluded by Meet Your Master, if legally permissible.
The issuance of a discount code does not create a contract between Meet Your Master and the recipient of the code. The contract is formed with the User redeeming the discount and other value vouchers under the contractual terms and conditions described herein.
Meet Your Master reserves the right to deactivate a discount code issued without consideration by the recipient at any time (including prior to an originally stated expiration date).
Special Terms and Conditions for Apps
The provisions of this Section 10 apply exclusively to the use of Meet Your Master Apps downloaded through digital distribution platforms provided by third parties ("App Store").
User's authorization to use the App's software is subject to the terms and conditions of the separate End User License Agreement available at the applicable App Store from which User downloads the App. To the extent that such End User License Agreement is not available, User is granted a non-exclusive, non-transferable, non-sublicensable right to use the App on its designated terminal device on which the respective App Store is available, without limitation as to location or time.
The User is responsible for ensuring that he/she does not violate any agreements with third parties when using the App and any Services he/she obtains under these GTC, including, without limitation, agreements with the operator of the App Store from which the User downloaded the App.
Meet Your Master may from time to time provide User with an updated version of the App free of charge. Such updated versions of the App will be made available in the same manner as the version of the App originally downloaded by the User through an App Store. If the App Store operator provides such functionality and the User's device is configured accordingly, updated versions of the App may be installed automatically; otherwise, manual installation by the User in accordance with the App Store operator's instructions will be required. Notwithstanding the foregoing, Meet Your Master provides its Services under these GTC to Users of the most current version of the App and cannot ensure support for older versions.
Meet Your Master and the User each acknowledge that these GTC apply only between them and that the third party App Store operator from which the User downloads the App has no obligations under this Agreement. Only Meet Your Master is responsible to the User for the App and its content, not the App Store operator. In particular, the App Store Operator has no obligation to provide maintenance or support for the App, nor is it subject to any warranty or product liability obligations in this regard. Furthermore, the App Store operator is not responsible for any claims of third parties arising from the fact that the App or its possession and use by the User violates the intellectual property rights of third parties.
Choice of Law / Miscellaneous
The law of the Federal Republic of Germany shall apply to all contracts concluded between Meet Your Master and the Users within the framework of the Platform, with the proviso that any User who is a consumer within the meaning of Article 6 (1) of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) may also invoke those provisions which, under the law of the country in which the respective User has his habitual residence, cannot be derogated from by agreement to his detriment.
Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions of the GTC. The ineffective provision shall be replaced by the 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.
The European Commission provides a platform for online dispute resolution for consumer disputes at http://ec.europa.eu/consumers/odr. However, Meet Your Master is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
Last updated on 06/28/2021
