Terms of Use

General Terms of use

for the provision of services by andTheLight GmbH, Penningsfelder Weg 96 A, 51069 Cologne,
Email: eqoah.legal.agb@eqoah.com (hereinafter referred to as the “Contractor”) to its customers (hereinafter referred to as the “Client”)

1. General Provisions
1.1 These General Terms and Conditions (GTC) for the provision of services apply to contracts concluded between the Client and the Contractor incorporating these GTC.
1.2 The Contractor is entitled to commission necessary services to subcontractors in its own name and on its own account. These subcontractors may in turn use further subcontractors. The Contractor remains the sole contractual partner of the Client. Subcontractors will not be used if it is evident to the Contractor that their use would conflict with the legitimate interests of the Client.
1.3 Insofar as additional contractual documents or other terms and conditions in text or written form have become part of the contract alongside these GTC, the provisions of such additional documents shall prevail over these GTC in case of contradiction.
1.4 Any terms and conditions used by the Client that deviate from these GTC shall not be accepted by the Contractor unless expressly agreed otherwise.

2. Subject of the Contract and Scope of Services
2.1 The Contractor, as an independent entrepreneur, provides the following services to the Client:
We offer safe online sharing groups. One person speaks at a time. Uninterrupted. All others listen deeply, without commenting or judging—not even mentally (this takes practice). For many people, it’s the first time they truly feel heard. Once experienced, it stands in clear contrast to everyday small talk.
2.2 The specific scope of services is subject to individual agreements between the Contractor and the Client.
2.3 The Contractor shall perform the agreed services with the utmost care and conscientiousness in accordance with the latest standards, rules, and knowledge.
2.4 The Contractor is obligated to provide the agreed services. However, in performing its duties, the Contractor is not subject to instructions regarding how, where, or when the services are rendered. The Contractor will independently organize workdays and working hours in a way that ensures optimal efficiency and the best realization of the contract objectives. Services will be rendered in coordination and consultation with the Client.

3. Client’s Duties to Cooperate
It is the Client's responsibility to provide all information, data, and other content required for the fulfillment of services in a complete and accurate manner. The Contractor is not liable for delays in performance caused by late or insufficient cooperation from the Client. This does not affect the provisions under “Liability / Indemnification.”

4. Compensation
4.1 Compensation is agreed upon individually.
4.2 Payment is due after services are rendered. If payment is based on time periods, it is due after each period (§ 614 BGB). For work billed by effort, the Contractor may invoice monthly unless agreed otherwise.
4.3 The Contractor will issue the Client an invoice after providing the services, either by post or email (e.g., as a PDF). Payment is due within 14 days of receipt of the invoice.

5. Liability / Indemnification
5.1 The Contractor is liable without limitation for intent or gross negligence, for intentional or negligent injury to life, body, or health, for guarantees (unless otherwise regulated), or in cases of mandatory liability. For negligent breaches of essential contractual obligations, liability is limited to foreseeable, contract-typical damages, unless unlimited liability is required as per the preceding sentence. Essential contractual obligations are those necessary for achieving the contract’s purpose, and which the Client may typically rely upon. All other liability is excluded. These liability rules also apply to the Contractor’s vicarious agents and legal representatives.
5.2 The Client shall indemnify the Contractor against all third-party claims arising from the Client’s violations of these terms or applicable law.

6. Duration and Termination
6.1 The contract duration and notice periods for ordinary termination are subject to individual agreement.
6.2 The right of both parties to terminate without notice for good cause remains unaffected.
6.3 Upon contract termination, the Contractor must promptly return or destroy all documents and materials received, as directed by the Client. There is no right of retention. Electronic data must be fully deleted, except for materials subject to statutory retention obligations, which must be retained only until the end of such period. The Contractor shall confirm deletion in writing upon request.

7. Confidentiality and Data Protection
7.1 The Contractor will treat all information related to the contract with strict confidentiality. The Contractor will impose the same confidentiality obligation on all employees and third parties with access to such information. This confidentiality obligation continues indefinitely beyond the duration of the contract.
7.2 The Contractor agrees to comply with all data protection regulations—especially the General Data Protection Regulation (GDPR) and the Federal Data Protection Act—when carrying out the assignment.

8. Final Provisions
8.1 The law of the Federal Republic of Germany shall apply, excluding the CISG.
8.2 If any provision of these GTC is or becomes invalid, the validity of the remaining provisions remains unaffected.
8.3 The Client shall support the Contractor in the performance of contractual services through reasonable cooperation. In particular, the Client shall provide all information and data necessary for contract fulfillment.
8.4 If the Client is a merchant, a legal entity under public law, or a special public fund, or has no general place of jurisdiction in Germany, the place of jurisdiction for all disputes arising from this contract shall be the Contractor’s registered office. Exclusive jurisdictions remain unaffected.
8.5 The Contractor may amend these GTC for valid reasons (e.g., changes in law, jurisdiction, market conditions, or business strategy) with reasonable notice. Existing customers will be informed at least two weeks before changes take effect via email. If the customer does not object within the given period, their consent is deemed granted. If the customer objects, the changes do not take effect, and the Contractor may terminate the contract extraordinarily as of the change's effective date. The notice will include information about the objection deadline and its consequences.

9. Information on Online Dispute Resolution / Consumer Dispute Resolution
The EU Commission provides a platform for online dispute resolution at:
https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for out-of-court resolution of disputes from online purchase or service contracts involving consumers.
The provider is neither willing nor obligated to participate in a dispute resolution procedure under the German Consumer Dispute Resolution Act (VSBG).
Our email address is listed at the top of these GTC.