Legal

Find legal information and resources
for RyseUp products and services.

Welcome to the website of RyseUp Service GmbH. The website www.ryseup.com and the services offered are provided by RyseUp Service GmbH, represented by Carsten Marx, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, Germany, Email: info@ryseup.com (hereinafter referred to as the “Provider”).

We reserve the right to change these terms of use from time to time. Such changes become effective immediately upon being published on the website. It is your responsibility to regularly review these terms of use.

1. Scope of Application 

(1) By visiting the website, you (the “User”) accept the following terms of use. Please read these terms of use carefully. If you do not accept these terms, please do not use the website. (2) User’s terms and conditions or business terms do not apply, even if the Provider has not expressly objected to their validity in individual cases.

2. Subject Matter and Scope of the User Agreement; Blocking Access 

(1) The Provider offers you the opportunity to inform yourself about the services it offers through its website. (2) The Provider may block your access to their website at any time and without prior notice:

  • If the Provider suspects that you are using your account in violation of these terms of use;
  • Due to legitimate security or maintenance reasons. (3) The Provider may link the use of the website or specific functions or the extent to which specific functions can be used to certain conditions or may require the submission of certain documents (e.g., identity and/or residence proof).


3. User’s Responsibilities
 

(1) You are prohibited from violating the rights of third parties, harassing third parties, or otherwise violating applicable law or good morals when using the Provider’s website. In particular, you agree to refrain from the following actions:

  • Distributing statements with offensive, harassing, violent, glorifying violence, incendiary, sexist, obscene, pornographic, racist, morally objectionable, or prohibited content;
  • Insulting, harassing, threatening, intimidating, defaming, or embarrassing other customers, employees, or distribution partners of the Provider;
  • Spying on, disclosing, or disseminating personal or confidential information about other customers, distribution partners, partner service providers, or employees of the Provider, or otherwise violating the privacy of other customers, employees, partner service providers, or distribution partners of the Provider;
  • Distributing false statements about the race, religion, gender, sexual orientation, origin, social status of other customers, employees, or distribution partners of the Provider;
  • Spying on, disclosing, or disseminating confidential information of the Provider;
  • Distributing false statements about the Provider;
  • Pretending to be an employee of the Provider or an affiliated company or partner of the Provider;
  • Using copyrighted images, photos, graphics, videos, music, sounds, texts, trademarks, titles, names, software, or other content and identifiers without the consent or permission of the rights holder by contract, law, or regulation;
  • Distributing statements with promotional, religious, or political content;
  • Using prohibited or illegal content;
  • Exploiting programming errors (so-called bugs);
  • Taking actions that lead to excessive server load and/or seriously disrupt the operation for other customers;
  • Hacking or cracking and promoting or encouraging hacking or cracking;
  • Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
  • Uploading files containing viruses, trojans, worms, or corrupted data;
  • Using or distributing “auto” software programs, “macro” software programs, or other “cheat utility” software programs;
  • Modifying the service or parts thereof;
  • Using software that enables so-called “datamining” or otherwise intercepts or collects information related to the service;
  • Interfering with transmissions to and from the service servers and website servers;
  • Penetrating the service, data servers, or website servers. (2) The Provider reserves the right to exercise its house rights regarding the use of its Internet services and expressly reserves the right to terminate the user agreement without notice if there is a violation of any of the obligations specified in (1) or any other violation of applicable law in connection with the use.


4. Availability; System Failures; Technical Usage Requirements
 

(1) Your entitlement to the availability of the Provider’s website exists only within the framework of the current state of technology. The Provider may temporarily restrict its services if this is necessary with regard to capacity limits, the security or integrity of the servers, or for the implementation of technical measures, and this serves the proper or improved provision of services (maintenance work). In such cases, the Provider takes into account the legitimate interests of users, such as through advance notices. (2) If an unforeseen system failure disrupts the use of the website, users will be informed in an appropriate manner. (3) Access to the website is only possible through a browser running on a computer or mobile device with an internet connection. Other access methods are not supported. To fully utilize the Provider’s website, users must use the latest (browser) technologies or enable their use on their computer (e.g., enabling JavaScript, cookies, pop-ups). Using older or non-standard technologies may result in limited use of the Provider’s website. It is explicitly noted that the display and printing of data displayed on the website may differ from the screen display due to individual hardware or software configurations, and the user’s internet connection is the user’s own responsibility, without the Provider having any influence or responsibility for it.

5. Data Protection 

The Provider collects and processes users’ personal data exclusively in compliance with applicable legal regulations, in particular the GDPR. Information on the processing of personal data by the Provider can be found in its privacy policy.

6. Limitation of Liability 

(1) The Provider cannot be held responsible for false information in the user’s registration. Consequently, the Provider cannot assume liability for the accuracy of this information, and the content stored by the user with the Provider is considered third-party information within the meaning of the applicable telemedia law. (2) The Provider is not liable for achieving any desired outcome that the user wishes to achieve through the use of the website. In all other respects, the Provider, except for injury to life, body, and health and the breach of essential contractual obligations (cardinal obligations), is only liable for damages attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages, particularly lost profits. (3) The liability is limited in amount to foreseeable damages typical for the contract, except in cases of intentional or grossly negligent conduct or damages resulting from injury to life, body, health, and the breach of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damages, particularly lost profits. (4) To the extent the Provider’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, executive employees, and simple vicarious agents.

7. Miscellaneous 

(1) Trademark and Copyright a) In relation to you, the Provider is the sole owner of the reproduction, distribution, processing, and all copyright as well as the right of non-material transmission and reproduction of its website as well as the individual content, services, or other developed services and protective rights contained therein. The use of all services and the content, materials, trademarks, and trade names (such as the names of the Provider and the associated logo) is only permitted for the purposes stated in these terms of use. Use without the express permission of the Provider constitutes a violation of these terms of use and may result in blocking. You retain all rights to content uploaded by you and bear sole responsibility. The Provider only obtains all rights necessary for the publication and use of the content on its website. b) Violations of copyright, trademark, or other intellectual property rights will be dealt with by the Provider, and the Provider reserves the right to delete or deactivate content for which a corresponding violation has been reported, at its sole discretion, and to block the profiles of repeat offenders.

(2) No Warranty/Change; Restriction of Provider’s Services; Transfer to Third Parties a) Your access to the website and the services of the Provider is at your own risk. The Provider has the right to make changes to the website and the services it offers without prior notice or liability.

  • The Provider reserves the right to restrict the use of the services if the Provider believes that you are violating contractual obligations or the law or otherwise abusing the services.
  • The Provider does not guarantee that it is legal within the jurisdiction of your national law for you to use the services of the Provider or advertise for them or participate in any activities of the Provider.
  • that access to the Provider’s website will work flawlessly, timely, or securely at all times and that disturbances will be corrected;
  • that information published on the website is complete, correct, or reliable; b) The Provider reserves the right to transfer its business operations, individual assets therefrom, or individual rights and obligations from this user agreement to third parties, to assign, sublicense, or pledge them, without prior notice, provided that the third party also complies with the applicable contract law and other legal requirements.

 

(3) Agreements with Third Parties From time to time, the Provider enters into agreements with third parties that act as external service providers and provide the software/technology/IT for products or services to the Provider and you. You are obligated to comply with the terms and guidelines of these third parties, provided that they are posted on the Provider’s website or linked to the respective third party’s website. These terms and guidelines may change at any time.

8. Applicable Law and Jurisdiction; Final Provisions 

(1) Your legal relationship with the Provider is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected. The place of jurisdiction is agreed to be the registered office of RyseUp Service GmbH, provided that there are no mandatory legal regulations to the contrary. (2) The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. (3) Should individual provisions of these terms of use be or become ineffective or unenforceable, the validity of the general terms of use and the user agreement shall remain unaffected. In place of the ineffective or unenforceable provision, the effective and enforceable provision that comes closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision shall apply.

Terms of Use Status: September 6, 2023

§ 1 Scope, Definitions 

(1) These General Terms and Conditions apply exclusively to the business relationship between the operator of the website www.ryseup.com, RyseUp Service GmbH, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, represented by the managing director and registered in the commercial register of the Wetzlar District Court under HRB 6871 (hereinafter referred to as “we,” “us,” or “the provider”) and the customer (hereinafter referred to as “customer”). Deviating general terms and conditions of the purchaser are not recognized, unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or legally capable partnership that acts in the conclusion of the contract in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract 

(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart by clicking the “Add to Cart” button. By clicking the “Order Now” button, the customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the “Accept Terms and Conditions” button, thereby incorporating them into their offer.

(2) Subsequently, the provider will send the customer an automatic acknowledgment of receipt by email, listing the customer’s order and which the customer can print using the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider accepts the offer with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) will be sent to the customer by us on a durable medium (email or paper print) (contract confirmation). The contract text is stored while respecting data protection.

(3) The contract is concluded in the German language

§ 3 Delivery, Availability of Goods 

(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no different delivery time is specified for the respective product in our online shop, it is 8 days.

(2) If no copies of the selected product are permanently or temporarily available at the time of the customer’s order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from accepting the offer. In this case, no contract is concluded unless the customer places a pre-order, which the provider confirms again.

(3) The following delivery restrictions apply: The provider only delivers to the address provided in the order form.

§ 4 Retention of Title 

Until full payment, the delivered goods remain the property of the provider.

§ 5 Prices and Shipping Costs 

(1) All prices stated on the provider’s website at checkout include the respective applicable statutory value-added tax.

(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.

(3) The goods are shipped by postal service. The shipping risk is borne by the provider if the customer is a consumer.

(4) In the case of a withdrawal, the customer must bear the direct costs of returning the goods.

§ 6 Payment Terms 

(1) Payment of the purchase price is due immediately upon conclusion of the contract.

§ 7 Special Agreements on Offered Payment Methods

  1. RyseUp has opted for Digital River Ireland Inc. as payment provider


§ 8 Warranty for Defects, Guarantee 

(1) The provider is liable for material defects in accordance with the applicable statutory provisions. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.

(2) An additional 24-month guarantee exists for goods delivered by the provider only if it has been explicitly provided in the order confirmation for the respective item.

§ 9 Usage Rights 

The customer, upon payment of the agreed and due fee, receives the contractually agreed and non-transferable, simple right to use the provider’s product software for private or other personal use.

§ 10 Liability 

(1) Customer claims for damages are excluded. This does not apply to customer claims for damages arising from the violation of life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider’s liability is limited to the foreseeable, typically occurring damage if this was simply caused by negligence, unless it involves customer claims for damages arising from the violation of life, body, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability in paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement regarding the condition of the item. The provisions of the Product Liability Act remain unaffected.

§ 11 Right of Withdrawal 

(1) Consumers have a legal right of withdrawal when concluding a distance selling contract, which the provider informs about in accordance with the statutory pattern below. Exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form is provided in paragraph (3).

Withdrawal Policy (Germany, Austria, Switzerland) 

Right of Withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

To exercise the right of withdrawal, you must inform us, RyseUp Service GmbH, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, email: returns@ryseup.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of Withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. 

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. 

Model Withdrawal Form 

(Complete and return this form only if you wish to withdraw from the contract) 

To RyseUp c/o BS&I, Beemdstraat 26, 5711 CV Someren, Netherlands 

Email: returns@ryseup.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) /for the provision of the following service (*

Ordered on (*) / received on (*

Name of consumer(s) 

Address of consumer(s) 

Signature of consumer(s)  (only if this form is notified on paper) 

Date 

(*) Delete as appropriate

§ 12 Final Provisions 

(1) The laws of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business.

(3) Even if individual points of the contract are legally invalid, the contract remains binding in its other parts. Instead of the invalid points, the statutory provisions shall apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall be deemed invalid.

Version dated 26.09.2023

Welcome to the website of RyseUpTM Service GmbH (in the USA: RyseUpTM Americas Inc., 1712 Pioneer Ave Ste 500, Cheyenne, WY 82001, USA). The website www.RyseUp.com and the services offered are provided by RyseUpTM Service GmbH, represented by Carsten Marx, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, Germany, Email: info@RyseUp.com (hereinafter referred to as the “Provider”).

We reserve the right to change these terms of use from time to time. Such changes become effective immediately upon being published on the website. It is your responsibility to regularly review these terms of use.

1. Scope of Application 

(1) By visiting the website, you (the “User”) accept the following terms of use. Please read these terms of use carefully. If you do not accept these terms, please do not use the website. 

(2) User’s terms and conditions or business terms do not apply, even if the Provider has not expressly objected to their validity in individual cases.

2. Subject Matter and Scope of the User Agreement; Blocking Access 

(1) The Provider offers you the opportunity to inform yourself about the services it offers through its website. 

(2) The Provider may block your access to their website at any time and without prior notice:

  • If the Provider suspects that you are using your account in violation of these terms of use;
  • Due to legitimate security or maintenance reasons. (3) The Provider may link the use of the website or specific functions or the extent to which specific functions can be used to certain conditions or may require the submission of certain documents (e.g., identity and/or residence proof).

3. User’s Responsibilities 

(1) You are prohibited from violating the rights of third parties, harassing third parties, or otherwise violating applicable law or good morals when using the Provider’s website. In particular, you agree to refrain from the following actions:

  • Distributing statements with offensive, harassing, violent, glorifying violence, incendiary, sexist, obscene, pornographic, racist, morally objectionable, or prohibited content;
  • Insulting, harassing, threatening, intimidating, defaming, or embarrassing other customers, employees, or distribution partners of the Provider;
  • Spying on, disclosing, or disseminating personal or confidential information about other customers, distribution partners, partner service providers, or employees of the Provider, or otherwise violating the privacy of other customers, employees, partner service providers, or distribution partners of the Provider;
  • Distributing false statements about the race, religion, gender, sexual orientation, origin, social status of other customers, employees, or distribution partners of the Provider;
  • Spying on, disclosing, or disseminating confidential information of the Provider;
  • Distributing false statements about the Provider;
  • Pretending to be an employee of the Provider or an affiliated company or partner of the Provider;
  • Using copyrighted images, photos, graphics, videos, music, sounds, texts, trademarks, titles, names, software, or other content and identifiers without the consent or permission of the rights holder by contract, law, or regulation;
  • Distributing statements with promotional, religious, or political content;
  • Using prohibited or illegal content;
  • Exploiting programming errors (so-called bugs);
  • Taking actions that lead to excessive server load and/or seriously disrupt the operation for other customers;
  • Hacking or cracking and promoting or encouraging hacking or cracking;
  • Distributing counterfeit software and promoting or encouraging the distribution of counterfeit software;
  • Uploading files containing viruses, trojans, worms, or corrupted data;
  • Using or distributing “auto” software programs, “macro” software programs, or other “cheat utility” software programs;
  • Modifying the service or parts thereof;
  • Using software that enables so-called “datamining” or otherwise intercepts or collects information related to the service;
  • Interfering with transmissions to and from the service servers and website servers;
  • Penetrating the service, data servers, or website servers. 

(2) The Provider reserves the right to exercise its house rights regarding the use of its Internet services and expressly reserves the right to terminate the user agreement without notice if there is a violation of any of the obligations specified in (1) or any other violation of applicable law in connection with the use.

4. Availability; System Failures; Technical Usage Requirements 

(1) Your entitlement to the availability of the Provider’s website exists only within the framework of the current state of technology. The Provider may temporarily restrict its services if this is necessary with regard to capacity limits, the security or integrity of the servers, or for the implementation of technical measures, and this serves the proper or improved provision of services (maintenance work). In such cases, the Provider takes into account the legitimate interests of users, such as through advance notices. 

(2) If an unforeseen system failure disrupts the use of the website, users will be informed in an appropriate manner. 

(3) Access to the website is only possible through a browser running on a computer or mobile device with an internet connection. Other access methods are not supported. To fully utilize the Provider’s website, users must use the latest (browser) technologies or enable their use on their computer (e.g., enabling JavaScript, cookies, pop-ups). Using older or non-standard technologies may result in limited use of the Provider’s website. It is explicitly noted that the display and printing of data displayed on the website may differ from the screen display due to individual hardware or software configurations, and the user’s internet connection is the user’s own responsibility, without the Provider having any influence or responsibility for it.

5. Data Protection 

The Provider collects and processes users’ personal data exclusively in compliance with applicable legal regulations, in particular the GDPR. Information on the processing of personal data by the Provider can be found in its privacy policy.

6. Limitation of Liability 

(1) The Provider cannot be held responsible for false information in the user’s registration. Consequently, the Provider cannot assume liability for the accuracy of this information, and the content stored by the user with the Provider is considered third-party information within the meaning of the applicable telemedia law. 

(2) The Provider is not liable for achieving any desired outcome that the user wishes to achieve through the use of the website. In all other respects, the Provider, except for injury to life, body, and health and the breach of essential contractual obligations (cardinal obligations), is only liable for damages attributable to intentional or grossly negligent conduct. This also applies to indirect consequential damages, particularly lost profits. 

(3) The liability is limited in amount to foreseeable damages typical for the contract, except in cases of intentional or grossly negligent conduct or damages resulting from injury to life, body, health, and the breach of essential contractual obligations (cardinal obligations). This also applies to indirect consequential damages, particularly lost profits. 

(4) To the extent the Provider’s liability is excluded or limited, this also applies to the personal liability of its legal representatives, executive employees, and simple vicarious agents.

7. Miscellaneous 

(1) Trademark and Copyright a) In relation to you, the Provider is the sole owner of the reproduction, distribution, processing, and all copyright as well as the right of non-material transmission and reproduction of its website as well as the individual content, services, or other developed services and protective rights contained therein. The use of all services and the content, materials, trademarks, and trade names (such as the names of the Provider and the associated logo) is only permitted for the purposes stated in these terms of use. Use without the express permission of the Provider constitutes a violation of these terms of use and may result in blocking. You retain all rights to content uploaded by you and bear sole responsibility. The Provider only obtains all rights necessary for the publication and use of the content on its website. b) Violations of copyright, trademark, or other intellectual property rights will be dealt with by the Provider, and the Provider reserves the right to delete or deactivate content for which a corresponding violation has been reported, at its sole discretion, and to block the profiles of repeat offenders.

(2) No Warranty/Change; Restriction of Provider’s Services; Transfer to Third Parties a) Your access to the website and the services of the Provider is at your own risk. The Provider has the right to make changes to the website and the services it offers without prior notice or liability.

  • The Provider reserves the right to restrict the use of the services if the Provider believes that you are violating contractual obligations or the law or otherwise abusing the services.
  • The Provider does not guarantee that it is legal within the jurisdiction of your national law for you to use the services of the Provider or advertise for them or participate in any activities of the Provider.
  • that access to the Provider’s website will work flawlessly, timely, or securely at all times and that disturbances will be corrected;
  • that information published on the website is complete, correct, or reliable; b) The Provider reserves the right to transfer its business operations, individual assets therefrom, or individual rights and obligations from this user agreement to third parties, to assign, sublicense, or pledge them, without prior notice, provided that the third party also complies with the applicable contract law and other legal requirements.

(3) Agreements with Third Parties From time to time, the Provider enters into agreements with third parties that act as external service providers and provide the software/technology/IT for products or services to the Provider and you. You are obligated to comply with the terms and guidelines of these third parties, provided that they are posted on the Provider’s website or linked to the respective third party’s website. These terms and guidelines may change at any time.

8. Applicable Law and Jurisdiction; Final Provisions 

(1) Your legal relationship with the Provider is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention. Mandatory provisions of the state in which you have your habitual residence remain unaffected. The place of jurisdiction is agreed to be the registered office of RyseUp Service GmbH, provided that there are no mandatory legal regulations to the contrary. 

(2) The Provider is neither willing nor obligated to participate in dispute resolution proceedings before a consumer arbitration board. 

(3) Should individual provisions of these terms of use be or become ineffective or unenforceable, the validity of the general terms of use and the user agreement shall remain unaffected. In place of the ineffective or unenforceable provision, the effective and enforceable provision that comes closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision shall apply.

Contract Terms

§ 1 Scope, Definitions 

(1) These General Terms and Conditions apply exclusively to the business relationship between the operator of the website www.ryseup.com, RyseUp Service GmbH, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, represented by the managing director and registered in the commercial register of the Wetzlar District Court under HRB 6871 (hereinafter referred to as “we,” “us,” or “the provider”) and the customer (hereinafter referred to as “customer”). Deviating general terms and conditions of the purchaser are not recognized, unless the provider expressly agrees to their validity in writing.

(2) The customer is a consumer insofar as the purpose of the ordered deliveries and services cannot be attributed predominantly to their commercial or self-employed professional activity. An entrepreneur, on the other hand, is any natural or legal person or legally capable partnership that acts in the conclusion of the contract in the exercise of their commercial or self-employed professional activity.

§ 2 Conclusion of Contract 

(1) The customer can select products from the provider’s range and collect them in a so-called shopping cart by clicking the “Add to Cart” button. By clicking the “Order Now” button, the customer submits a binding offer to purchase the items in the shopping cart. Before submitting the order, the customer can change and view the data at any time. However, the offer can only be submitted and transmitted if the customer accepts these contract terms by clicking the “Accept Terms and Conditions” button, thereby incorporating them into their offer.

(2) Subsequently, the provider will send the customer an automatic acknowledgment of receipt by email, listing the customer’s order and which the customer can print using the “Print” function. The automatic acknowledgment of receipt merely documents that the customer’s order has been received by the provider and does not constitute acceptance of the offer. The contract is only concluded when the provider accepts the offer with a separate email (order confirmation). In this email or in a separate email, but no later than upon delivery of the goods, the contract text (consisting of the order, terms and conditions, and order confirmation) will be sent to the customer by us on a durable medium (email or paper print) (contract confirmation). The contract text is stored while respecting data protection.

(3) The contract is concluded in the German language

§ 3 Delivery, Availability of Goods 

(1) Delivery times specified by us are calculated from the time of our order confirmation, subject to prior payment of the purchase price. If no different delivery time is specified for the respective product in our online shop, it is 8 days.

(2) If no copies of the selected product are permanently or temporarily available at the time of the customer’s order, the provider shall inform the customer of this immediately in the order confirmation. If the product is permanently unavailable, the provider refrains from accepting the offer. In this case, no contract is concluded unless the customer places a pre-order, which the provider confirms again.

(3) The following delivery restrictions apply: The provider only delivers to the address provided in the order form.

§ 4 Retention of Title 

Until full payment, the delivered goods remain the property of the provider.

§ 5 Prices and Shipping Costs 

(1) All prices stated on the provider’s website at checkout include the respective applicable statutory value-added tax.

(2) The corresponding shipping costs are stated to the customer in the order form and are to be borne by the customer, unless the customer exercises their right of withdrawal.

(3) The goods are shipped by postal service. The shipping risk is borne by the provider if the customer is a consumer.

(4) In the case of a withdrawal, the customer must bear the direct costs of returning the goods.

§ 6 Payment Terms 

(1) Payment of the purchase price is due immediately upon conclusion of the contract.

§ 7 Special Agreements on Offered Payment Methods

  1. RyseUp has opted for Digital River Ireland Inc. as payment provider

§ 8 Warranty for Defects, Guarantee 

(1) The provider is liable for material defects in accordance with the applicable statutory provisions. For entrepreneurs, the warranty period for goods delivered by the provider is 12 months.

(2) An additional 24-month guarantee exists for goods delivered by the provider only if it has been explicitly provided in the order confirmation for the respective item.

§ 9 Usage Rights 

The customer, upon payment of the agreed and due fee, receives the contractually agreed and non-transferable, simple right to use the provider’s product software for private or other personal use.

§ 10 Liability 

(1) Customer claims for damages are excluded. This does not apply to customer claims for damages arising from the violation of life, body, health, or from the violation of essential contractual obligations (cardinal obligations) as well as liability for other damages based on intentional or grossly negligent breaches of duty by the provider, its legal representatives, or vicarious agents. Essential contractual obligations are those whose fulfillment is necessary to achieve the purpose of the contract.

(2) In the event of a breach of essential contractual obligations, the provider’s liability is limited to the foreseeable, typically occurring damage if this was simply caused by negligence, unless it involves customer claims for damages arising from the violation of life, body, or health.

(3) The limitations of paragraphs 1 and 2 also apply in favor of the legal representatives and vicarious agents of the provider if claims are asserted directly against them.

(4) The limitations of liability in paragraphs 1 and 2 do not apply if the provider has fraudulently concealed a defect or has assumed a guarantee for the quality of the item. The same applies if the provider and the customer have made an agreement regarding the condition of the item. The provisions of the Product Liability Act remain unaffected.

§ 11 Right of Withdrawal 

(1) Consumers have a legal right of withdrawal when concluding a distance selling contract, which the provider informs about in accordance with the statutory pattern below. Exceptions to the right of withdrawal are regulated in paragraph (2). A model withdrawal form is provided in paragraph (3).

Withdrawal Policy (Germany, Austria, Switzerland) 

Right of Withdrawal 

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. 

To exercise the right of withdrawal, you must inform us, RyseUp Service GmbH, Anni-Eisler-Lehmann-Strasse 3, 55122 Mainz, email: returns@ryseup.com, of your decision to withdraw from this contract by an unequivocal statement (e.g., a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired. 

Effects of Withdrawal 

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest. You shall send back the goods or hand them over to us, without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired. 

You will have to bear the direct cost of returning the goods. You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics, and functioning of the goods. 

Model Withdrawal Form 

(Complete and return this form only if you wish to withdraw from the contract) 

To RyseUp c/o BS&I, Beemdstraat 26, 5711 CV Someren, Netherlands 

Email: returns@ryseup.com I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) /for the provision of the following service (*

Ordered on (*) / received on (*

Name of consumer(s) 

Address of consumer(s) 

Signature of consumer(s)  (only if this form is notified on paper) 

Date 

(*) Delete as appropriate

§ 12 Final Provisions 

(1) The laws of the Federal Republic of Germany shall apply to contracts between the provider and the customers, excluding the UN Sales Convention. The statutory provisions regarding the limitation of the choice of law and the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, remain unaffected.

(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the customer and the provider is the provider’s place of business.

(3) Even if individual points of the contract are legally invalid, the contract remains binding in its other parts. Instead of the invalid points, the statutory provisions shall apply, if available. However, if this would represent an unreasonable hardship for one of the contracting parties, the contract as a whole shall be deemed invalid.

Version dated 28th of February, 2024

Name and address of the data protection officer

The data protection officer of the data controller is:

AGOR AG

Niddastraße 74

60329 Frankfurt am Main

Germany

Phone: +49 (0) 69 – 9494 32 410, Email: info@agor-ag.com. Website: www.agor-ag.com 

General information about data processing

Extent of personal data processing

We collect and use personal data from users of our homepage only to the extent that is necessary for keeping our website, our content and our services functioning properly.

In general, we collect and use our users’ personal data only after they give their consent. An exception to this principle applies in cases where processing data is permitted by statutory provisions or when obtaining prior con-sent is not possible.

Legal basis for processing personal data

The legal basis for processing personal data is generally based on:

Art. 6 para. 1 s. 1 lit. a GDPR upon obtaining the consent of the data subject.

Art. 6 para. 1 s. 1 lit. b GDPR for processing operations that serve to fulfil a contract to which the data subject is a party. Included here are processing operations that are necessary to carry out pre-contractual measures.

Art. 6 para. 1 s. 1 lit. c GDPR for processing required to fulfil a legal obligation.

Art. 6 para. 1 s. 1 lit. d GDPR, if vital interests of the data subject or another natural person require processing of personal data.

Art. 6 para. 1 s. 1 lit. f GDPR, if processing is necessary for purposes of the legitimate interests of our company or a third party, and the interests, fundamental rights and fundamental freedoms of the data subject do not outweigh the former interest.

To be able to base the processing of personal data on a legitimate interest, an assessment is carried out in each case in consultation with the data protection officer for each relevant process, whereby the following three conditions must be met:

1) The controller or a third party has a legitimate interest in the processing of personal data.

2) The processing is necessary to safeguard the legitimate interest.

3) Interests or fundamental rights and freedoms of the data subject which require the protection of personal data do not prevail.

Data erasure and data storage duration

Personal data of users will be deleted or restricted as soon as the purpose for storing the data is no longer applicable. Personal data may be stored for longer than for the original purpose, if there is applicable European or national legislation through EU regulations, laws, or other regulations, to which the data controller is subject to. Personal data is also deleted or restricted, when a mandatory storage period expires, unless the personal data is needed for concluding or fulfilling a contract.

Use of our website, general information

Description and scope of data processing

Every time our website is accessed, our system automatically collects data and information from the user’s computer system. The following information can be collected:

Information about the browser type and version used, the user’s operating system, the user’s Internet service provider, the user’s IP address, Date and time of access, Websites the user’s system accesses to get to our website, Websites that the user’s system invokes by accessing our website.

The described data is stored in log files for our system and is not stored together with any other personal user data.

Purpose and legal basis for data processing

To provide our website to users, our system must store user IP addresses temporarily. Therefore, IP addresses must be stored for the duration of a users’ session.

Storage in log files is done to ensure the functionality of our website. In addition, the data is used to optimize our website and to ensure the security of our systems. Personal data that is processed in this context, is not processed for marketing purposes. 

The legal basis for the temporary storage of data and log files is our legitimate interest according to Art. 6 para. 1 s. 1 lit. f GDPR.

Collecting this personal data and storing it in log files is essential to secure, provide and operate our website. Therefore, an option to object to processing in this context does not exist.

Duration of storage

Your data will be deleted as soon as it is no longer necessary for achieving the purpose it was processed for. Personal data that is processed to provide our website will be deleted after your session ends.

If your data is stored in log files, it will be deleted after seven days at the latest. It may be stored for longer, whereby the IP addresses of users are deleted or alienated. This means, that it will no longer be possible, to assign them to individual clients.

General information about the use of cookies

We use cookies on our website. Cookies are text files that are stored in your Internet browser and therefore on your computer system. If you display any website, a cookie can be stored on your operating system. Cookies can contain characteristic strings that allow unique identification of browsers.

We use cookies to make our homepage more user friendly. Some elements of our website require that your browser can be identified even after leaving our website.

TTDPA; Ger.: TTDSG:

The legal basis for the storage of cookies, device identifiers and similar tracking technologies or for the storage of information in the end user’s terminal equipment and access to this information is the European ePrivacy Directive in conjunction with the Telecommunications and Telemedia Data Protection Act (TTDPA; Ger.: TTDSG).

Please note that the legal basis for the processing of personal data collected in this context then results from the GDPR. The relevant legal basis for the processing of personal data in each specific case can be found below the respective cookie or the respective processing itself.

The primary legal basis for the storage of information in the end user’s terminal equipment – consequently in particular for the storage of cookies – is their consent, §25 Abs.1 S.1 TTDPA (Ger.: TTDSG). Consent is given when visiting our website – although this does not have to be given, of course – and can be revoked at any time in the cookie settings.

According to §25 Abs.2 Nr.2 TTDPA (Ger.: TTDSG), consent is not required if the storage of information in the end user’s terminal equipment or access to in-formation already stored in the end user’s terminal equipment is absolutely necessary for the provider of a Telemedia service to be able to provide a Telemedia service expressly requested by the user. You can see from the cookie settings which cookies are to be classified as absolutely necessary (often also referred to as “technically necessary cookies”) and therefore fall under the exception of §25 Para.2 TTDPA (Ger.: TTDSG) and therefore do not require consent.

GDPR:

When cookies are used, the following data is stored and transmitted:

Shopping cart, Log-in, Chat History, Subscription User Log-in Data

The legal basis for processing personal data using cookies is defined in Art. 6 para. 1 s. 1 lit. f GDPR. The purpose for using technically required cookies is to simplify the use of our website.

We would like to point out that some functions on our website can only be offered if cookies are enabled.

This applies to the following applications:

Shopping cart, Log-in, Chat History, Subscription User Log-in Data

We do not use personal data collected with technically necessary cookies to create user profiles.

Cookies are stored on the user’s computer, which transmits them to our page. As a user, you therefore have control over the use of cookies. You can restrict or disable transmission of cookies by making changes to your Internet browser settings. There you can also delete cookies that have been stored. Please note that you may not be able to use all the features on our website if you deactivate cookies.

The legal basis for the processing of personal data using cookies for analysis and advertising purposes is Art. 6 para. 1 s. 1 lit. a GDPR if the user has given his consent.

Cookie consent with Cookiebot

Our website uses cookie consent technology from Cookiebot to obtain your consent to store certain cookies in your browser and to document it in a privacy-compliant manner. The provider of this technology is the company Cybot A/S, Havnegade 39, 1058 Copenhagen, Denmark (hereinafter Cybot). 

When you enter our website, a Cybot cookie is stored in your browser, in which the consents you have given, or the revocation of these consents are stored. If consent has been granted, the Cybot cookie data will also be logged with Cybot:

The IP number of the end user in anonymized form (the last three digits are

set to ‘0’), Date and time of consent, User agent of the end user’s browser, The URL from which the consent was sent, an anonymous, random and encrypted key, the consent status, which serves as proof of consent.

The collected data will be stored until you request us to delete it or delete the Cybot cookie yourself, or until the purpose for storing the data no longer applies. Mandatory legal retention periods remain unaffected. Details on the data processing of Cookiebot can be found at https://www.cookiebot.com/de/privacy-policy/ 

The use of the Cookiebot cookie consent technology takes place in order to obtain the legally required consents for the use of cookies. The legal basis for this is Art. 6 para. 1 s. 1 lit. c GDPR.

Here you can see and adjust the Cookie settings: https://www.RyseUp.com/cookies

Your rights/rights of the data subject

According to the EU General Data Protection Regulation, as data subject you have the following rights:

Right of access by the data subject

You have the right to receive from us as data controller the information whether and which personal data concerning you are processed by us as well as further information in accordance with the legal requirements pursuant to Art. 13, 14 GDPR.

You can claim your right to information under: dataprotection@RyseUp.com 

The right to rectification

If we process your personal data incorrectly or in an incomplete manner, then you have a right for it to be corrected/completed. The correction will be made immediately.

Right to restriction

You have the right to restrict the processing of personal data concerning you in accordance with the legal provisions (Art. 18 GDPR).

The right to delete

If the conditions set out in Article 17 of the GDPR apply, you may request that the personal data relating to you be deleted without delay. 

We would like to point out that the right to erasure does not exist insofar as the processing is necessary for one of the exceptional circumstances mentioned in Art. 17 para. 3.

Right to information

If you have asserted the right to rectify, delete or restrict the processing, we are obligated to notify all recipients to whom your personal data have been disclosed of this correction or deletion of the data or restriction of processing, unless this proves to be impossible or is associated with a disproportionate amount of effort. You also have the right to be informed about these recipients.

Right to data portability

According to the GDPR, you also have the right to receive the personal data concerning you that has been provided to us in a structured, common and machine-readable format or to request its transfer to another controller.

Right to revoke the declaration of consent to data protection

You have the right to revoke your data protection declaration at any time. Please note that revoking consent does not affect the lawfulness of the processing carried out based on the consent until the revocation goes into effect.

Right to objection

Furthermore, you have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data relating to you which is carried out on the basis of Art. 6 para. 1 s. 1 lit. e or f GDPR.

Automated decision on an individual basis, including profiling

Under the EU General Data Protection Regulation, you remain entitled not to be subjected to a decision based solely on automated processing – including profiling – which would have legal effect or would affect you in a similar manner. 

Right to complain to a supervisory authority

Finally, if you believe that the processing of personal data concerning you is contrary to the GDPR, you have the right to complain to a supervisory authority, in the Member State of its place of residence, employment or the location of the alleged infringement.

Data transfers to third countries (outside of the EU)

The GDPR ensures an equally high level of data protection within the European Union. When selecting our service providers, we therefore rely on European partners wherever possible when your personal data is being processed. Within some exceptions we may process personal data outside the EU through third-party services. This may only be the case where the special requirements in accordance with Art. 44 et. seq. GDPR are fully met. This means that the processing of your data may then only take place when the third country has been declared to ensure an adequate level of protection by the European Commission or if the European Standard Contractual Clauses have been signed.

 

Data processing under the Swiss DPA

In principle, the use of our website is subject to the legal regulations of the GDPR. Insofar as you also visit our website from Switzerland and insofar as the related data processing also affects you as a Swiss citizen, these data protection provisions also apply to you under the Swiss Federal Data Protection Act (“Swiss DPA” as amended on 01 September 2023), analogously to the GDPR.

In principle, the Swiss DPA does not provide for the naming of a legal basis. In this respect, we only process your data from Switzerland if the processing is lawful, is carried out in good faith and is proportionate in accordance with Art. 6 para. 1 and 2 of the Swiss DPA. Furthermore, your data will only be collected by us for a specific purpose that is recognizable to the data subject and will only be processed in such a way that it is compatible with these purposes in accordance with Art. 6 para. 3 of the Swiss Data Protection Act.

In this context, please also note that although certain terms are formulated differently under the GDPR, they have the same legal meaning as under the Swiss DPA. For example, the GDPR terms “processing” of “personal data” as well as “legitimate interest” and “special categories of data” used in this Privacy Notice correspond to the terms “processing” of “personal data”, “overriding interest” and “personal data requiring special protection” used in the Swiss DPA.

The data subject rights set out here pursuant to Art. 12 et seq. GDPR can be asserted by data subjects from Switzerland in analogy to the regulations pursuant to Art. 25 et seq. of the Swiss DPA.

Minors under 16 years of age

Minors under 16 years of age are expressly not addressees of our website and our offers on this website. We point out that legal guardians must accompany the online activities of their children. Minors under the age of 16 should not transmit any personal data to us without the consent of their parents or legal guardians. We explicitly do not request personal data from minors under the age of 16, do not knowingly collect such data and do not pass it on to third parties.

Newsletter

General

You can subscribe to a free newsletter on our homepage that we use to inform you about our current interesting offers. The advertised goods and services are named in the declaration of consent. The data you enter in the online registration form will be transmitted to us.

We collect the following data based on the consent obtained during the registration process:

Email address, country

Furthermore, the following data is stored at the moment of transmission:

IP address, date and time of registration.

Your data will not be forwarded as part of data processing involved in sending newsletters. The data will be used exclusively for sending the newsletter.

Double opt-in and logging

Registration for our newsletter takes place in a so-called double-opt-in procedure. After registration, you will receive an email asking you to confirm your registration. This confirmation is necessary so that nobody can register using external email addresses.

The registration for the newsletter will be logged to prove the registration process according to the legal requirements. This includes the storage of the login and the confirmation time, as well as the IP address.

Legal basis

Legal basis for processing the data is once the consent of the user Art. 6 para. 1 s. 1 lit. a GDPR has been submitted. Collecting the user’s email address aids in delivering the newsletter.

Cancellation, revocation and opposition

Your data will be deleted as soon as they are no longer necessary for achieving the purpose of the inquiry. Your email address will therefore be saved as long as the subscription to the newsletter is active. You may terminate subscription to the newsletter at any time by revoking your consent. There is a corresponding link in each newsletter to do this.

We would like to further point out that at any time, you are free to cancel any future processing of your personal data in accordance with the statutory requirements. pursuant to Art. 21 GDPR. You are free to object to your data being processed for direct marketing purposes.

Shipping provider HubSpot

The newsletter is sent using “HubSpot”, a newsletter sending platform of the US provider HubSpot, Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141 USA.

The e-mail addresses of our newsletter recipients, as well as their other data described in the context of this notice, are stored on HubSpot’s servers in Germany. HubSpot uses this information to send and evaluate the newsletter on our behalf. Furthermore, according to its own information, HubSpot may use this data to optimize or improve its own services, e.g., for the technical optimization of the dispatch and the presentation of the newsletters or for economic purposes in order to determine from which countries the recipients come. However, HubSpot does not use the data of our newsletter recipients to address them itself or to pass them on to third parties.

You can find more information on data processing at:

https://legal.hubspot.com/de/privacy-policy .

Statistical survey

We would like to point out that we evaluate your user behavior when sending the newsletter. For this evaluation, the emails sent include so-called web beacons or tracking pixels that represent one-pixel image files stored on our website. 

For the evaluations, we link the data mentioned under Point 1 and the web beacons with your email address and an individual ID.

You can object to this tracking at any time by clicking on the separate link provided in each email or informing us via another means of contact. Your information will be stored as long as you are subscribed to the newsletter. After logging out, we store the data purely statistically and anonymously.

Electronic contact

On our website you can find a form that you can use to contact us. The data you enter is transmitted to us, and we process it for communication purposes. This data includes:

First name, last name, country, E-mail address, comments

The following data is also stored once your message has been sent:

IP address, date and time of registration

It is also possible to contact us via the provided email address. In this case, your personal data is transmitted via e-mail will then be processed by us.

A transfer of your data to third parties will not take place in this context; your data will be processed exclusively for communication purposes.

The legal basis for the processing of the contact request and its handling is regularly Art. 6 para. 1 s.1 lit. b GDPR.

If further personal data is processed within the communication process, this only serves the prevention of misuse of our contact form and to ensure the security of our systems.

Your data will be deleted as soon as it is no longer necessary for achieving the purpose it was processed for. Regarding the contact form and e-mail communication, this is the case when the respective conversation with the user has ended. The conversation has ended when the circumstances re-veal, that all relevant facts have been clarified.

Additional personal data collected during the sending process will be deleted after a period of seven days at the latest.

Notes on the use of mobile apps

For the use of our services on an end device with the operating system “iOS”, an app is required, which can be downloaded free of charge via the iTunes Store or the App Store. iTunes Store and App Store are products of the company Apple Inc., Infinite Loop, Cupertino, CA 95014, USA. For the use and download of apps via the iTunes Store and the App Store, the General Terms and Conditions of the company Apple Inc. must be accepted separately.

For the use of our services on an end device with the operating system “Android”, an app is required, which can be downloaded free of charge via the Google Playstore. The Google Playstore is a product of the company Google Inc. 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA. For the use and download of apps via the Google Playstore, the General Terms and Conditions of Google Inc. must be accepted separately.

If we become a contractual partner for the purchase of the app in accordance with the applicable terms of use of the third-party providers from which you download the app (such as iTunes, Google, etc.), we will process the data provided to us by the third-party provider, e.g. your device ID, to the extent necessary for the performance of the contract so that you can download the app to your mobile device.

Data processing in our RyseUpTM app

Our app is a lifestyle improvement application that generates an electromagnetic field to improve balance in the human body. The RyseUpTM app sends program data (including frequencies) to the RyseUpTM hardware, which generates the appropriate frequencies to create the required electromagnetic field to improve the user’s well-being. 

You can create user favorites and playlists in the app, as well as retrieve recently played programs or manage your subscription.

In the RyseUpTM App, we store and process your name, email address, created playlists, favorites, as well as recently played programs and subscription data.

No data is transferred to third parties in this process.

The legal basis is the fulfillment of the contract according to Art. 6 para. 1 s. 1 lit. b GDPR.

Registration

You have the option of registering on our homepage by indicating your personal data. The data is entered into an input mask, transmitted to us and stored. This data is not transferred to third parties. The following data is collected during the registration process:

First name, last name, country, E-mail address, comments

The following data is also stored at the time of registration:

The IP address of the user, The date and time of registration

Registration regularly serves the fulfillment of a contract to which the user is a party or the implementation of pre-contractual measures in the form of the extended use of our website. The legal basis for the processing of the data is therefore Art. 6 para. 1 s. 1 lit. b GDPR.

After registration you have the possibility in your account, to amend the following of your personal data:

Names

Address

Email address

Company name

Tax ID

Password

Upload files

Download files

Product purchase

Manage subscriptions

Post

comments

Your data will be deleted as soon as they are no longer necessary for achieving the purpose of the inquiry. This is the case for the data collected during the registration process whenever registration on our website is canceled or modified.

This is the case during the registration process for entering into a contract or for carrying out pre-contractual measures if the data are no longer required for executing the contract. Even after concluding the contract, there may be a need to store the personal data of the contracting party to comply with contractual or legal obligations.

Continuing obligations require that personal data be stored during the contract period. In addition, warranty periods must be complied with and the storage of data for tax purposes. The retention periods that must be adhered to here cannot be determined on a generalized basis but must be determined on an ad hoc basis for each contract and contractual parties.

You have the option of dissolving registration on our homepage at any time. Furthermore, you can also change data stored about you at any time.

  • Customer Account: Self-service within the App
  • Affiliate Account: Please contact the RyseUpTM Support Centre 

(support@RyseUp.com)

If the data is required to fulfill a contract or to carry out pre-contractual measures, then prematurely deleting the data is only possible if there are no contractual or legal obligations that would preclude deletion.

Shop

You have the possibility to order our offered goods and services directly on our homepage. During the ordering process, we use the contact data provided by you during registration, or we collect the personal data provided by you in the input mask.

This involves the following data:

Name/contact person

Company

Street

State

Country

Postal Code

City

e-mail address

telephone number

payment methods

At the time of the order process, the following data is also stored:

IP address of the user

Date and time of the order

Order Information

Product Information

If you want to order in our store, it is necessary for the conclusion of the contract that you provide your personal data, which we need for the processing of your order. For the processing, we pass on your data to the corresponding payment and delivery service providers. The legal basis for this is Art. 6 para. 1 s. 1 lit. b GDPR. 

We are required by commercial and tax law to store your address, payment, and order data for a period of 10 years. However, we restrict processing after 6 years, i.e., your data is only used to comply with legal obligations. To prevent unauthorized access by third parties to your personal data, especially financial data, the ordering process takes place via encrypted connection.

Encrypted payment transactions on this website

If, after the conclusion of a contract with costs, there is an obligation to transmit your payment data to us (e.g., account number in the case of direct debit authorization), this data will be required for payment processing.

Payment transactions via the common means of payment (Visa/MasterCard, direct debit) are made exclusively via an encrypted SSL or TLS connection. You can recognize an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.

With encrypted communication, your payment data that you transmit to us cannot be read by third parties.

We use the following service providers for this purpose:

Digital River

We use on our website the payment service provider Digital River, Inc. and its affiliates (collectively, “Digital River,” “we,” and “us”) are a premier global online reseller service provider. Digital River provides essential compliance, fraud, tax, and payment services.

During payment processing, your payment information will be transferred to Digital River, Inc. The transmission of your data to Digital River, Inc. takes place within the framework of the performance of the contract pursuant to Art. 6 para. 1 s. 1 lit. b GDPR.

For more information on data protection, please visit: 

https://www.digitalriver.de/datenschutzrichtlinien/

Hosting via Hetzner

We host our website with Hetzner. The provider is Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen, Germany (hereinafter referred to as Hetzner).

We have concluded a data processing agreement (DPA) with the above-mentioned provider. This is a contract required by data protection law, which ensures that this provider only processes the personal data of our website visitors in accordance with our instructions and in compliance with the GDPR.

The use of Hetzner is based on Art. 6 para. 1 s. 1 lit. f GDPR. We have a legitimate interest in the most reliable presentation of our website. 

For details, please refer to Hetzner’s privacy policy: 

https://www.hetzner.com/de/rechtliches/datenschutz

Google Web Fonts 

We integrate the fonts (“Google Web Fonts”) of the provider Google LLC, 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, based on our legitimate interests pursuant to Art. 6 para. 1 s. 1 lit. f GDPR. The aim is the optimization and economic operation of our homepage. We host the fonts from our own servers so that no data is transmitted to Google.

The privacy policy of the provider can be found at:

https://www.google.com/policies/privacy

HubSpot / HubSpot Forms

We use HubSpot for our online marketing activities, to provide parts of our website without disruptions and to continuously improve it, as well as to contact you, to determine which services are of interest to you and to offer you individualized and targeted marketing. HubSpot is software created by HubSpot Inc, 25 First Street, 2nd Floor, Cambridge, MA 02141 USA. 

HubSpot uses cookies, which – if you have given your consent – are stored on the terminal device you are using and which enable an analysis of your use of our website. The collected behavioral and communication data, as well as the information you provide in the newsletter or contact form, are transmitted to a HubSpot server in the USA and stored there, so that both HubSpot and government authorities have access to this data. Your personal data will only be transferred to HubSpot and thus to servers in the USA with your express prior consent. The legal basis for the processing of your data is Art. 6 para. 1 s. 1 lit. a GDPR.

For more information on HubSpot’s handling of user data, please see HubSpot’s Privacy Policy:

https://legal.hubspot.com/de/privacy-policy 

Social Media

We currently use the following social media platforms:

Facebook 

Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland

Privacy policy: https://www.facebook.com/about/privacy/

Opt-Out: https://www.facebook.com/settings?tab=ads

and http://www.youronlinechoices.com

Supplementary agreement Insights data: https://www.facebook.com/legal/terms/page_controller_addendum 

Instagram 

Meta Platforms Ireland Limited, 4 Grand Canal Square, Dublin 2, Ireland

Privacy policy /Opt-Out: http://instagram.com/about/legal/privacy/.

Twitter 

Twitter International Company, One Cumberland Place, Fenian Street, Dublin 2, D02 AX07 Irland

Privacy policy: https://twitter.com/de/privacy

Opt-Out: https://twitter.com/settings/account/personalization

LinkedIn 

LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland

Privacy policy https://www.linkedin.com/legal/privacy-policy 

Opt-Out: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out

WhatsApp

WhatsApp LLC, 1601 Willow Road Menlo Park, CA 94025 https://www.whatsapp.com/legal/?lang=de

YouTube (Google)

Google Ireland Limited, Google Building Gordon House, 4 Barrow St, Dublin, D04 E5W5, Irland 

Datenschutzerklärung:  https://policies.google.com/privacy 

Opt-Out: https://adssettings.google.com/authenticated 

TikTok

TikTok Technology Limited, 10 Earlsfort Terrace, Dublin, D02 T380, Irland

Datenschutzerklärung /Opt-Out:

https://www.tiktok.com/legal/page/eea/privacy-policy/de-DE 

Social media presence

We maintain fan pages within social networks to communicate with customers, prospects and users who are active there and to inform them about our services.

We would like to point out that your personal data may be processed out-side the European Union, which may pose risks to you (e.g., in enforcing your rights under European/German law).

These users’ data is usually processed for market research and advertising purposes. Thus, for example, user profiles that are created based on the user’s behavior and interests. These profiles can be used to place advertisements that allegedly is within the users’ interests. For these purposes, technologies such as cookies are used to observe the user’s behavior and to evaluate each user’s interests. Furthermore, data may also be stored in the usage profiles regardless of the devices used by the users (especially if the users are members of the respective platforms and are logged in to them).

Processing personal user data is based on our legitimate interests in an effective communication with users in accordance with. Art. 6 para. s.1 lit. f. GDPR.  If user’s giver their consent over processing of their personal information by a social network (which is the case, if they declare their agreement, for example, by ticking a check box or clicking on a button to consent)., the legal basis for processing user info is Art. 6 para. s.1 lit. a GDPR. 

You can obtain further information on the processing of your personal data as well as your objection options under the listed links of the respective provider. The assertion of information and other rights of the data subjects can also be made against the providers, then only those who have direct access to the data of the users and have the corresponding information. Of course, we are available to answer questions and provide support if you need assistance.


A supplementary agreement is concluded with some social media platforms when operating a fan page. According to this, data subject rights can usually be asserted both with the social media platform and with us. However, the primary responsibility under the GDPR for the processing of insights data lies with the social media platform and it fulfills all obligations under the GDPR regarding the processing of insights data. In this context, the social media platform provides the essence of the page insights supplement to the data subjects.


We, as the operator of the fan page, do not make any decisions regarding the processing of Insights data and all other information resulting from Art. 13 of the GDPR, such as the legal basis, the identity of the responsible party and the storage period of cookies on the user end devices.

Elementor

We use the plugin “Elementor Website Builder for WordPress”, from the provider Elementor 8 THE GRN STE A DOVER, DE 19901 USA. This plugin does not process any personal data.

More about Elementor’s privacy policy can be found here:

 https://elementor.com/about/privacy/.

WordPress Emojis

We use so-called emojis on our website. These are graphical elements or files that we provide. The service provider for retrieving WordPress emojis is Automattic Inc, 60 29th Street #343, San Francisco, CA 94110, USA. This third-party provider stores your IP address to be able to transmit the emoji files to your browser.

The legal basis for the integration is your consent pursuant to Art. 6 para. 1 s. 1 lit. a GDPR.

You can learn more about the processing of your data by using Automattic in the Privacy Policy at https://automattic.com/privacy/

Updraft plus

We use Updraft Plus on our website; this is a backup and security system. The service provider is the British company Updraft WP Software Ltd. 11 Barringer Way, St. Neots, PE191LW, Cambridgeshire, United Kingdom.

The legal basis for the use of Updraft Plus is our legitimate interest pursuant to Art. 6 para. 1 s. 1 lit. f GDPR, which is to make our website as secure as possible and to always keep it accessible. 

You can find out more about the processing of your data when using Updraft Plus in the Privacy Policy at https://updraftplus.com/data-protection-and-privacy-centre

Further notes on processing, procedures and services

Gravatar

We use the service Gravatar within our online offer. Gravatar is a service where users can register and leave profile pictures and their email addresses. 

If users leave posts or comments on other online presences (especially blogs) with the respective e-mail address, their profile pictures can be displayed next to the posts or comments. For this purpose, the email address provided by the users is transmitted to Gravatar in encrypted form for the purpose of checking whether a profile is stored for it. This is the sole purpose of the transmission of the email address. It is not used for other purposes, but is deleted afterwards.

 

Gravatar is used on the basis of our legitimate interest pursuant to Art. 6 (1) p. 1 lit. f DSGVO, as we use Gravatar to offer post and comment authors the opportunity to personalise their posts with a profile picture. By displaying the images, Gravatar obtains the IP address of the users, as this is necessary for a communication between a browser and an online service.

 

If users do not want a user image linked to their Gravatar email address to appear in the comments, they should use an email address that is not on file with Gravatar to comment. We also point out that it is also possible to use an anonymous email address or no email address at all if users do not want their email address to be sent to Gravatar. Users can prevent the transmission of data completely by not using our commenting system.

Service provider: Aut O’Mattic A8C Ireland Ltd, Grand Canal Dock, 25 Herbert Pl, Dublin, D02 AY86, Ireland; 

Website: https://automattic.com;

Privacy policy: https://automattic.com/privacy.

EN DE TR

Product and Use Disclaimer

The RyseUp devices and programs create a “PEMF+” (Pulsed Electromagnetic Field plus multiple frequencies broadcast at the same time) transmission, a technology developed and registered by RyseUp. The RyseUppulsed electromagnetic programs operate as a feature of the emerging field of “frequency science.” Frequency science has long been recognized by Traditional Chinese Medicine (TCM) and our new understanding of the homeodynamics, an example of which is the recent study of the “biofield.” The biofield has been reported by the U.S. NIH (National Institutes of Health) as an electromagnetic field emanating from all living organisms: humans, animals, and plants. This emerging field of study intends to provide a scientific foundation for understanding the complex homeo-dynamic relationship of living systems. Currently, the U.S. National Institutes of Health posts more than 400 academic papers investigating the biofields of living organisms, focusing on the human biofield. RyseUp frequencies and devices have been designed as wellness devices and programs to provide a low-level energetics experience of the interaction between the RyseUp devices and programs as they resonate with the biofield. Although many have enjoyed a wellness experience with RyseUp—promoting rest and relaxation, meditation, and other moderating energetic experiences—it must be stressed that this area of energetics still is theoretical and should not be relied upon to replace consultation with your physician or other wellness practitioner. RyseUp devices are not intended to diagnose, treat, or prevent disease, disease-like or other medical conditions. If you are under the care of a doctor or other healthcare practitioner, you should consult your doctor or wellness advisor before using RyseUp. There are no reports of contraindications when using the RyseUp PEMF+ technology, but because this is an electromagnetic device, it should not be used by anyone with a metal implant (other than titanium, which is non-magnetic) or anyone with a pacemaker, an implantable cardioverter defibrillator (ICD), a cochlear implant, intrathecal pump, insulin pump, spinal cord stimulator, or similar medical device. Further, and out of an abundance of caution, we do not recommend the use of RyseUp devices by pregnant or lactating women or anyone under the age of 18 (except by parental permission and/or the permission of a consulting physician). When using RyseUp devices and programs, hydrate for maximum effectiveness. Be advised that not all frequencies work for all people. Your body will tell you what works for you! The RyseUp Wearable is a Pulsed Electromagnetic Field (PEMF) wave emitter with a single copper coil. Designed to encourage and maintain a healthy lifestyle, the RyseUp Wearable is focused by proprietary PEMF+ technology projecting a sinusoidal single or serial electromagnetic frequency. As a wellness support device, the RyseUp Wearable is aligned with the philosophies and practices of Traditional Chinese Medicine (TCM) and is not intended to diagnosis, cure, mitigate, prevent, or treat a disease or disease-like condition. Customers of the RyseUp Wearable who suffer an illness are encouraged to seek the attention of their medical or other healthcare professional.

* The following statements have not been evaluated by the Food and Drug Administration. This product is not intended to diagnose, treat, cure, or prevent any disease.

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