General Terms and Conditions of the Platform Sunshine
Important Notice on the Validity of the Terms and Conditions:
These Terms and Conditions are presented in full to all users during registration and must be accepted. However, only the provisions relevant to you apply:
- As a participant: Part A (General Provisions), Part B (Provisions for Participants) and Part D (Final Provisions)
- As an organizer: Part A (General Provisions), Part B (Provisions for Participants), Part C (Provisions for Organizers) and Part D (Final Provisions) - since organizers can also participate in their own events. Organizer function must be applied for and activated separately
Part A: General Provisions
§ 1 Scope and Contracting Parties
(1) These General Terms and Conditions (hereinafter "Terms") govern the business relationship between Felix Eschey,
Frühlingstraße 1
Kissing, 86438
(2) The platform provides a technical infrastructure through which:
- Organizers can present their events and accept bookings
- Participants can search for and book events
- Payment processing between parties takes place
(3) The platform functions exclusively as a technical intermediary. Contracts for participation in events are concluded directly between organizers and participants.
§ 2 Registration and User Account
(1) Using the platform requires registration. By registering, you accept these Terms in full, regardless of the role (participant and/or organizer) in which you will use the platform.
(2) During registration, truthful and complete information must be provided. You commit to updating changes immediately.
(3) You are responsible for keeping your access data confidential. If you suspect misuse, please inform us immediately.
(4) A user account can be used both for booking events (as a participant) and for offering events (as an organizer).
§ 3 Platform Availability and Maintenance
(1) We strive to ensure high platform availability. The target availability is 99% annual average, calculated without planned maintenance times. This corresponds to a maximum of 87.6 hours of possible unplanned downtime per year. However, this does not constitute a binding commitment or guaranteed service level agreement.
(2) Planned maintenance work:
- Will be announced at least 48 hours in advance by email or via the platform
- Will take place outside main usage hours when possible (22:00 - 06:00 CET)
- Are limited to a maximum of 5 hours per calendar month
- Will not be counted as downtime
Service Level Notice:
(2a) The platform is currently operated as a side project on a "best-effort basis". This means:
- There are no guaranteed response or recovery times
- Support requests are usually processed within 1-2 working days
- For critical security issues, we strive for faster response (typically the same evening)
- The mentioned availability targets are non-binding guidelines
- Outages under 60 minutes are not considered service interruptions
(3) Emergency maintenance can be performed without prior notice in case of critical security issues or to ward off attacks. We will inform you as soon as possible about the nature and expected duration.
Liability for Outages:
(4) In case of platform unavailability:
- The platform is operated on a "best-effort basis" without guaranteed SLAs
- No liability for lost business or indirect damages
- For outages > 24 hours: Proportional credit of monthly fees for organizers
- Cardinal obligation of availability: Provision of booking and payment functions
- Liability limitation does not apply to intentional or gross negligent acts
(5) Support for disruptions: Our support is available for technical problems. Fault reports are processed within 48 hours.
§ 4 Payment Processing via Stripe
(1) Payment processing is handled via the payment service provider Stripe. By using the payment function, you agree to Stripe's terms of use.
(2) The platform does not store payment data such as credit card numbers. All transactions are transmitted encrypted.
§ 5 Platform Liability
(1) Liability for intent and gross negligence remains unaffected. The platform is liable without limitation for damages from injury to life, body or health.
(2) Liability for slight negligence is excluded, except in case of violation of cardinal obligations. Cardinal obligations are those whose fulfillment enables the proper performance of the contract and on whose compliance the contracting party may regularly rely.
Cardinal Obligations of the Platform:
(3) Cardinal obligations include in particular:
- Provision of basic platform functionality (registration, event search, booking process)
- Secure payment processing via Stripe
- Forwarding of booking confirmations and event information
- Protection of user data according to data protection regulations
- Maintaining the targeted platform availability of 99% annual average
(4) In case of violation of cardinal obligations through slight negligence, liability is limited to foreseeable, contract-typical damage.
(5) Liability under the Product Liability Act remains unaffected.
(6) The platform is exclusively an event intermediary. Liability for the implementation, quality or legality of events offered by organizers lies solely with the organizers. The platform is not liable for the performance of contracts concluded between organizers and participants.
(7) The platform assumes no warranty for the accuracy, completeness or timeliness of information provided by organizers about their events. Claims regarding defective or non-performed events must be directed exclusively to the respective organizer.
(8) Clarification on service levels: Since the platform is operated without guaranteed service level agreements, there are no claims for damages or service credits for not achieving the mentioned availability targets. This does not apply to intentional or grossly negligent acts.
§ 6 Data Protection
(1) The processing of personal data is carried out in accordance with the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG). Details can be found in our Privacy Policy.
(2) Stripe processes payment data partly as our data processor and partly as its own controller (e.g., for fraud prevention and anti-money laundering). A corresponding data processing agreement exists.
Part B: Special Provisions for Participants
§ 7 Right of Withdrawal for Event Bookings
Exclusion of Right of Withdrawal:
According to § 312g Para. 2 No. 9 BGB, there is no right of withdrawal for contracts for the provision of services in connection with leisure activities if the contract provides for delivery on a specific date or period.
This means: There is no statutory 14-day right of withdrawal for event bookings. This regulation was confirmed by BGH judgment of 13.07.2022 (Ref. VIII ZR 317/21) and also applies to bookings via intermediary platforms.
§ 8 Voluntary Cancellation by Participants
(1) Although there is no statutory right of withdrawal, we grant participants the possibility as a goodwill gesture to cancel bookings according to the refund policy chosen by the organizer.
Important for Participants:
The amount of refund depends on the chosen refund policy and the timing of cancellation. The exact conditions are displayed before booking.
(2) Refund policies: Organizers can choose between the following options:
- 7-day policy: Full refund for cancellations up to at least 7 days before the event
- 14-day tiered policy: Full refund up to 14 days before the event, 50% refund between 14-7 days before the event
(3) The respective refund policy is displayed during booking. Refunds are made to the same payment method. Cancellation can be made via the user account.
§ 9 Schedule Changes and Cancellations by Organizers
(1) In case of schedule changes, participants are informed immediately and can choose:
- Acceptance of the new date
- Rejection with full refund
(2) In case of complete cancellation, all participants automatically receive a full refund.
(3) Claims for non-performance or defective performance must be directed to the organizer.
Part C: Special Provisions for Organizers
§ 10 Commission Structure and Event Types
(1) Free events without booking function: You can have up to 3 upcoming published events completely free at any time. These events have no booking or payment functions and serve exclusively to present your offerings. No platform fees are charged for these events. When an event is over, you get a new free slot.
(2) Events with booking functions: For events with activated booking and payment functions, payment setup is required. These events can be created unlimited. For each booking mediated through the platform for such events, we charge a platform fee of 15% of the gross booking price.
(3) The platform fee is automatically withheld during payment processing.
(4) In case of cancellations, the withheld platform fee is fully credited.
§ 11 Refunds and Transaction Fees
Important Regulation on Non-Refundable Transaction Fees:
(1) In case of cancellation and refund of the booking amount to a participant, the transaction fees not refunded by Stripe will be borne and charged to the organizer.
(2) This regulation is necessary because Stripe does not refund the originally withheld transaction fees (currently about 1.4% + €0.25 per transaction) for refunds. These fees arise with every payment and cannot legally be passed on to participants.
(3) Billing is done via your organizer dashboard. For multiple cancellations, fees are accumulated and offset against future payouts.
(4) Refund policies for organizers: You can choose between the following options:
- 7-day policy: Participants receive full refund for cancellations up to 7 days before the event
- 14-day tiered policy: Full refund up to 14 days before the event, 50% refund between 14-7 days before the event
Important: With the tiered policy, organizers and platform share the economic risk - both receive only 50% of their original revenue for reduced refunds.
§ 12 Invoicing and Tax Obligations
Important Tax Legal Obligations:
(1) As an organizer, you are obliged to issue legally compliant invoices according to § 14 UStG for all bookings mediated through the platform. This applies regardless of whether payment is processed through the platform.
(2) A legally compliant invoice must contain in particular:
- Full name and address of organizer and participant
- Tax number or VAT identification number
- Date of issue and consecutive invoice number
- Quantity and type of service
- Time of service
- Remuneration and applicable tax amount
- Applicable tax rate or reference to tax exemption
(3) The platform does not issue invoices on behalf of organizers. You are solely responsible for fulfilling your tax obligations.
(4) You indemnify the platform against all claims arising from the violation of your tax legal obligations.
§ 13 Ranking and Transparency (P2B Regulation)
(1) The display order of events is determined by:
- Temporal proximity to event (40%)
- Relevance to search terms (25%)
- User interaction (20%)
- Profile completeness (10%)
- Timeliness (5%)
(2) There is no paid placement. All organizers are treated according to the same criteria.
§ 14 Organizer Obligations
(1) You commit to providing truthful information about your events.
(2) You are responsible for:
- Compliance with all relevant laws and regulations, especially the Medicinal Products Advertising Act (HWG), the Act against Unfair Competition (UWG) and the Heilpraktiker Act (HeilprG)
- Required permits and licenses
- Appropriate liability insurance
- Proper performance of events
- Issuance of legally compliant invoices
- Fulfillment of all tax obligations
- Clear differentiation of your offerings from medical, psychotherapeutic or naturopathic treatments
- Refraining from absolute success guarantees or healing promises
- Avoiding medical terminology and diagnoses in event descriptions
§ 14a Prohibited Content and Healing Claims
Important Notice on Health Law:
As a platform operator, we are legally obliged to ensure compliance with the Medicinal Products Advertising Act (HWG), the Act against Unfair Competition (UWG) and the Heilpraktiker Act (HeilprG). Violations can lead to warnings, fines and criminal consequences.
(1) Prohibited healing promises and medical statements: It is strictly forbidden to include in event descriptions, titles or other content:
- Promising or suggesting healing or alleviation of diseases, ailments or pathological complaints
- Naming medical diagnoses (e.g., depression, ADHD, burnout, anxiety disorder, trauma)
- Suggesting therapeutic effectiveness that is not scientifically proven
- Creating the impression that the event replaces medical or psychotherapeutic treatment
- Using absolute statements or guarantees (e.g., "guaranteed cure", "never again", "complete healing")
(2) Prohibited terms and formulations: The following terms and similar formulations may not be used:
- Healing-related terms: heal, cure, treat, treatment, healing, therapy, treatment
- Medical terms: diagnose, diagnosis, patient, symptom, disease, disorder, syndrome
- Absolute promises: guaranteed, certain, definite, complete, final, never again
- Medical technical terms: All ICD-10 diagnoses and medical technical terms
(3) Permitted formulations: Use process-oriented and supportive terms instead:
- Accompany, support, give impulses, strengthen resources
- Promote well-being, support relaxation, encourage self-reflection
- Personal development, self-experience, mindfulness
- Can be helpful, possibly supportive, individually different
(4) Mandatory disclaimer for spiritual and coaching events: For events in the areas of spirituality, energy work, coaching, hypnosis, bodywork or similar categories, the following or a comparable notice must be clearly visible in the event description:
"This offering does not replace medical, psychotherapeutic or naturopathic treatment. For health complaints, please consult medical professionals. No healing promises are made. Participation is at your own responsibility."
(5) Special duty of care for risk categories: Events in the following areas are subject to increased scrutiny:
- Hypnosis and trance work
- Energy work and energy healing
- Trauma-related offerings
- Bodywork and body-oriented procedures
- Offerings with reference to psychological or physical topics
(6) Handling testimonials: Testimonials and experience reports may not describe healing successes or the elimination of diseases. They must be limited to general well-being and personal development.
(7) Consequences of violations: In case of violations of these provisions, we reserve the right to:
- Delete or block events without prior notice
- Suspend or permanently block organizer accounts
- Inform authorities about possible legal violations
- Assert damage claims
§ 15 Liability and Indemnification
(1) The platform is exclusively an event intermediary. Liability for the implementation, quality or legality of events offered by organizers lies solely with the organizers.
Comprehensive Indemnification Obligation:
(2) The organizer indemnifies the platform operator against any claims by third parties, including participants, arising from the conduct of events or violation of third-party rights. This includes in particular:
- Claims from defective or non-performed events
- Personal and property damage in connection with the event
- Violation of copyright, trademark or other intellectual property rights
- Violations of statutory provisions (youth protection, permit requirements, etc.)
- Violations of the Medicinal Products Advertising Act (HWG), the Act against Unfair Competition (UWG) or the Heilpraktiker Act (HeilprG)
- Warnings for impermissible healing promises or misleading health advertising
- Fines and official sanctions for violations of health advertising law
- Damage claims from participants for misleading healing promises
- Reasonable legal defense and court costs
- Costs for defending against competition law warnings
(3) The indemnification obligation only ceases insofar as the platform has intentionally or grossly negligently contributed to the damage.
§ 16 Restriction and Blocking
(1) We may restrict or block your access in case of:
- Violations of these Terms or applicable law
- False or misleading information
- Repeated cancellations of events
- Participant complaints
- Payment arrears
- Violation of tax legal obligations
(2) Before restrictions, we usually inform you 30 days in advance. In case of serious violations, immediate measures may be taken.
§ 17 Internal Complaint Management and Mediation
(1) According to P2B Regulation, an internal complaint system is available to you via:
- Email to hi@sunshinesouls.one
- Contact form in the organizer account
(2) Acknowledgment of receipt within 48 hours, processing usually within 14 working days.
Mediators according to Art. 12 P2B Regulation:
(3) For disputes that cannot be resolved internally, we appoint the following mediators:
- German E-Commerce and Distance Selling Association (bevh) - Mediation according to P2B Regulation
- Chamber of Commerce arbitration office for commercial disputes
The costs of mediation are shared appropriately between the parties according to P2B Regulation. Participation in mediation is voluntary.
Part D: Final Provisions
§ 18 Dispute Resolution
(1) The EU Commission provides a platform for online dispute resolution: https://ec.europa.eu/consumers/odr
(2) We are not obliged and not willing to participate in dispute resolution procedures before a consumer arbitration board.
(3) For commercial users: In case of disputes that cannot be resolved internally, we are willing to mediate. The costs are shared equally by both parties.
§ 19 Changes to the Terms
(1) We reserve the right to adjust these Terms. Changes will be communicated at least 15 days before taking effect.
(2) Changes are deemed approved if you do not object within 15 days. We will point out the right to object when communicating changes.
(3) In case of objection, both parties have the right to extraordinary termination.
§ 20 Termination
(1) The user relationship can be terminated by both parties with 30 days' notice to the end of the month.
(2) The right to extraordinary termination for good cause remains unaffected.
(3) After termination, already booked events will still be processed.
§ 21 Applicable Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding UN sales law.
(2) For consumers, statutory jurisdictions apply. Mandatory consumer protection provisions of the country of residence remain unaffected.
(3) Vis-à-vis entrepreneurs, our place of business is the place of jurisdiction.
§ 22 Force Majeure
(1) No party is liable for delays or non-performance of their obligations if these are due to force majeure. Force majeure includes in particular:
- Natural disasters (earthquakes, floods, storms)
- War, terrorist attacks, riots
- Official measures, laws or regulations
- Strikes, lockouts (except own labor disputes)
- Pandemics and epidemics (only for unforeseeable new outbreaks)
- Failure of critical infrastructure (electricity, internet, data centers)
- DDoS attacks, cyber attacks or hacking of extraordinary scale
- Failure of third-party providers (hosting providers, CDN, payment service providers)
- Serious technical disruptions despite proper maintenance
(2) The affected party must immediately inform the other party about the occurrence of force majeure and make reasonable efforts to minimize the effects.
§ 23 Youth Protection
(1) Organizers are obliged to comply with all provisions of the Youth Protection Act (JuSchG) at their events. This includes in particular:
- Age controls for access-restricted events
- Compliance with residence times for minors
- Alcohol and tobacco bans according to legal requirements
- Visible posting of youth protection provisions
(2) The platform assumes no responsibility for compliance with youth protection at individual events. This lies solely with the organizer.
§ 24 Severability Clause
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
§ 25 Contact
Felix Eschey
Frühlingstraße 1
Kissing, 86438
E-Mail: hi@sunshinesouls.one
Summary of Key Points:
- For participants: No statutory right of withdrawal, but voluntary cancellation possible
- For organizers: Up to 3 upcoming events free (presentation only), events with bookings require payment setup and 15% platform fee, obligation to issue invoices, full liability for events
- Health law: Strict prohibitions on healing promises, medical terms and diagnoses - violations lead to immediate blocking
- Spiritual/Coaching events: Mandatory disclaimer required, special care for risk categories
- For all: User accounts can use both roles, so all regulations apply
Status: Friday, September 19
Version: 2.0 (Full booking system with free contingent)