Conditions générales d'utilisation
The provider of the website at www.tomorrowbiostasis.com, which can also be reached via other URLs, is Tomorrow Biostasis GmbH, registered in the commercial register of the Charlottenburg District Court (Berlin) under the registration number HRB 201918 B represented by the managing director Dr. Emil Kendziorra, Graefestr. 11, 10967 Berlin, phone: +49 (0) 15159209203, fax: +49 (0) 30 81452556, email: info (at) tomorrowbiostasis.com; Sales tax identification number according to § 27a sales tax law: DE321641229 (hereinafter “Tomorrow”). The use of the Tomorrow service offer is based exclusively on these General Terms and Conditions in their currently applicable version. Deviating agreements require an express agreement in writing. User is any person who visits the Tomorrows website, calls up or uses it in any other way. Tomorrow attaches great importance to data protection. The data processing takes place in accordance with our data protection declaration https://www.tomorrow.bio/privacy
2. Services & Conclusion of Contracts
Tomorrow operates a web and mobile platform that provides users with general information, allows users to sign up as paying members of Tomorrow (the “Membership”) and enables members to use services in the field of biostasis / cryonics (the “Biostasis Contract”). Tomorrow can take out term life insurance to finance agreed services, with Tomorrow being the policyholder and the user being the insured person. Tomorrow itself does not offer any insurance or brokerage services in the insurance sector. Via the platform, the user can, among other things, use a registration form to provide information on the basis of which service contracts can be concluded with Tomorrow. The content of these contracts is in particular services in the field of cryonics and the care of the dead. Tomorrow is registered as a funeral home to provide these services. Submitting the relevant form represents a request from the user to Tomorrow to submit appropriate proposals for the conclusion of a contract (invitatio ad offerendum). Tomorrow can then, without being obliged to do so, send the user a contract proposal based on the information provided by the user. If the user confirms the contract proposal, this is an application for the conclusion of a contract within the meaning of § 145 BGB. Tomorrow can accept the contract by countersigning the contract; acceptance takes place by e-mail to the e-mail address provided by the user or by electronic notification on a Tomorrows website. The user’s Membership with Tomorrow starts after completion of the membership sign up form. To take out term life insurance to finance the agreed services in the Biostasis Contract, Tomorrow required additional information from the user. The user can provide that information at any time after signing up (to the “Membership”). Should the user not provide the required information and/or not sign the Biostasis Contract, Tomorrow might not be able to provide any cryopreservation services. The Membership shall continue to run regardless. Furthermore, users can sign up as paying supporting membership types (eg. Tomorrow Fellow and others), which provides users with various benefits in the community, but no cryopreservation agreement.
3. Obligations of the user
The user is obliged to correctly, comprehensively and truthfully provide all information that is required to conclude contracts or that are required for the provision of the corresponding services and to keep them up to date. This applies in particular to all information that is required for the conclusion and implementation of a corresponding term life insurance, as well as the user’s email address and phone number. It is up to the user to keep all contact details (e.g. address, email address, phone number) up to date and to enable access to messages. If the user fails to receive notifications or declarations due to a breach of this obligation, these are deemed to have been received at the time at which access can usually be expected, if no corresponding breach of this obligation had occurred. The user may only use the Internet offer appropriately, i.e. within the scope of the services offered. The use of scrapers, software or tools etc. to find technical errors / bugs or security gaps or for content analysis is not permitted. Insofar as the user is granted access to closed or internal areas of the Internet offer (e.g. “member area”), he is obliged to protect his password or corresponding identification token for access, to keep it secret, not to tolerate any knowledge and to take the necessary measures to guarantee the Seize confidentiality. In the event of misuse / loss of the password or identification token or a corresponding suspicion, the user will inform Tomorrow immediately. i.e. within the scope of the services offered. The use of scrapers, software or tools etc. to find technical errors / bugs or security gaps or for content analysis is not permitted. to protect his password or corresponding identification token for access, to keep it secret, not to tolerate any knowledge and to take the necessary measures to guarantee confidentiality.
The use of certain services of the Internet offer requires the establishment of a user-specific account for which registration is required. When registering, the user must be at least 18 years old and have unlimited legal capacity. There is no legal right to use Tomorrow’s services. Tomorrow is entitled to refuse registration without giving reasons or to delete registrations / accounts that have already been made.
5. Information Obligations
There is no out-of-court complaint or redress procedure to which Tomorrow is subject. The language available for the conclusion of the contract is exclusively German or, in the case of contracts created individually by Tomorrow, also English. We have not submitted to any special code of conduct (set of rules).
6. Rights of use
The user is exclusively entitled to the rights granted to the Internet offer in accordance with these general terms and conditions. The content, information, images, videos and databases published via Tomorrow’s online platform are fundamentally protected by copyright and are usually owned or licensed by Tomorrow. The content on the online platform may only be used for personal and not for commercial purposes. It is prohibited to pass on the content in text form without the express consent of Tomorrow.
7. Limitation of Liability
The following limitation of liability also applies to the personal liability of employees, representatives, organs and vicarious agents of Tomorrow: Tomorrow has unlimited liability in the event of willful intent or gross negligence; in the event of injury to life or health; according to the product liability law. In the event of a slightly negligent breach of an obligation that is essential for achieving the purpose of the contract (cardinal obligation), Tomorrow’s liability is limited to the amount of damage that is foreseeable and typical for the type of business in question. Tomorrow has no further liability.
8. Blocking of access / termination
Tomorrow reserves the right to investigate these processes if there is suspicion of improper use or a significant breach of contract, to take appropriate precautions and to block the user’s access if there is justified suspicion. If the suspicion can be dispelled, the block will be lifted again, otherwise Tomorrow has an extraordinary right of termination. Each party has the right to terminate for an important reason. The termination must be in text form (e.g. email). Should Tomorrow fail to respond to a violation or a breach of duty by users or third parties, this does not constitute a waiver of Tomorrow’s right to take action in the event of subsequent or comparable violations.
9. Changes to these terms and conditions
Tomorrow reserves the right to change these GTC with effect for the future if an adjustment is necessary for one of the following reasons or if it appears appropriate – also taking into account the legitimate interests of the user: 1. Change in the legal situation (legislation, case law); 2. Technical progress / change in technical standards; 3. Change of Tomorrow’s business model. This also applies if there is any other important reason which makes it unreasonable to adhere to the previous terms and conditions. Tomorrow will inform the user of changes to the terms and conditions in writing to the user’s last e-mail address communicated to Tomorrow (“user e-mail”) and make the changed terms and conditions available to him in text form (“notification of change”). If the user does not object to the changes within 14 days after receipt of the notification of change in text form, the changes are considered accepted and the changed terms and conditions are considered to be included in the contract. If the user objects to the changes to the terms and conditions in due form and in due time, Tomorrow has an immediate special right of termination.
Tomorrow supports the following payment options. Certain options may not be available in all countries: Credit Card, Paypal, and Stripe. In any case, the respective provisions of the payment service providers apply.
11. Choice of law
For these terms and conditions and the legal relationship between Tomorrow and the user, the law of the Federal Republic of Germany applies. Consumer protection rights and the right of users who are consumers to initiate legal proceedings before other courts remain unaffected by this provision.
12. Final provisions
If a provision of these terms and conditions is or becomes ineffective, the remaining provisions remain unaffected.