Terms and conditions
This English version is a courtesy translation. The German version is legally binding and prevails in case of any differences.
§ 1 Scope
(1) These terms and conditions apply to all contracts between Wi3e Digital UG (haftungsbeschränkt), Friedrich-Ebert-Straße 55, 42103 Wuppertal, Germany ("we"), and its customers who are consumers ("organizer") for use of the "aevana" online service — a digital time capsule through which family members and friends collect photos, voice notes and text messages by email for a child, to be handed over to the child at a chosen point in time — and to the purchase of gift vouchers for it.
(2) Our offer is aimed at consumers with a billing address in Germany. All prices are in euros and include the statutory VAT of currently 19 %. Organizers pay once per capsule; there is no subscription and no automatic renewal.
§ 2 Free start and formation of contract
(1) After registering and verifying the email address, the organizer can create a family profile and start free of charge. The free start lasts 30 days and allows up to 3 invited contributors and up to 30 entries. Contributions beyond these limits are not discarded but held, and are added automatically once a plan has been purchased; the organizer is informed by email. No payment details and no billing address are needed for the free start. One free start is available per account (verified email address) and per child (name and date of birth, ignoring upper and lower case and surrounding spaces).
(2) If no plan has been purchased after the 30 days, the capsule becomes read-only for a further 30 days: no new entries can be added, but the organizer can still view and export all contents. After that the capsule and all its contents are permanently deleted. We remind the organizer by email 7 days and 1 day before the end of the free start and before the deletion. If a plan is purchased, the same capsule is converted and no contents are lost.
(3) The paid contract for using aevana is formed once the organizer has selected a plan, accepted these terms, confirmed that they have read the privacy policy and the withdrawal instructions, expressly requested that the service begin before the end of the withdrawal period (§ 8), placed the order with the button "Order with obligation to pay" and the payment has been confirmed by our payment service provider Mollie. If the order is paid in full with gift vouchers (§ 10) or is a free upgrade (§ 4(6)), the contract is formed when the order is placed and confirmed. These confirmations are a necessary step without which the payment process cannot be started. When creating the family profile, the organizer must state at least the child's name and date of birth and a delivery date.
(4) The same applies, with the necessary changes, to add-ons, additional delivery years and tier upgrades (§ 4), which the organizer purchases for an active capsule, and to gift vouchers (§ 10).
§ 3 Description of services
(1) We provide the organizer with a unique, individual email address for each invited contributor. Photos, voice notes and text messages can be submitted to that address by email or, if the contributor has accepted a corresponding invitation, via a web interface, and are added to a chronological timeline that the organizer can review, add to and moderate. Until the chosen delivery date (as a rule the child's 18th birthday) or until early termination initiated by the organizer ("Early Exit"), the contents are kept sealed.
(2) On delivery, the person entitled to receive the capsule gains access to a read-only view of the timeline through the contact email address on file; first access requires confirmation by the organizer. The trusted contact named by the organizer (privacy policy, section 3) can confirm the recipient in the organizer's place, and so can our support team where the organizer cannot do so themselves. The organizer can have the capsule delivered immediately at any time ("Early Exit"). Delivery on request cannot be undone.
(3) At any time the organizer can export all contents of a capsule (photos, voice notes, texts, contributor names and metadata) and request the complete and irrevocable deletion of the family and all contributions and attachments.
(4) Each plan includes a storage limit (§ 4). Once the limit is reached, new photos and voice notes are held instead of being added, and the organizer is notified; text entries can still be added. Held items are added once more storage is available.
§ 4 Plans, prices and payment
(1) Plans. The following plans are available for each capsule, each as a one-off payment including 19 % VAT:
- Five years, 149 EUR: 10 GB of storage; delivery five years after the purchase date, give or take one year, that is between four and six years after the purchase date.
- Until 18, 299 EUR: 30 GB of storage; delivery on the child's 18th birthday, give or take one year, that is between the child's 17th and 19th birthday. This plan is only offered while at least five years remain until the child's 18th birthday; otherwise only the five-year plan is available.
The price shown on the order page when the order is placed applies.
(2) Founder price. For the first 50 families, the "Until 18" plan is offered as an introductory price of 229 EUR. The introductory price is limited by number, not by time, and does not constitute a price guarantee: later purchases, add-ons and any later price changes are not bound by it; for an upgrade, (6) applies. A founder place is counted with the first purchase and is not released again by a refund or withdrawal; a repeat purchase is charged at the price then applicable. A place is reserved only while an order is being paid and lapses if the payment is not completed.
(3) Sibling discount. If an organizer already has a paid, non-refunded capsule on the same account, a further capsule receives a 30 % discount on the regular plan price. The discount is applied automatically when ordering and shown on the order and the invoice. It is not combined with the founder price; the lowest single price applies. Eligibility is checked at the time of purchase; a later refund of the first capsule does not reverse a discount already granted.
(3a) Promotional codes. We may issue promotional codes that take a percentage or a fixed amount off the price. A promotional code can be redeemed when buying a capsule, a storage add-on, additional delivery years or an upgrade, not when buying gift vouchers (§ 10). Only one promotional code can be redeemed per order; promotional codes cannot be combined with each other. A promotional code may be limited in time (valid from and until the stated day, both inclusive, German time) and in the number of times it can be redeemed; a code that is not yet or no longer valid, deactivated or used up cannot be redeemed. A sibling discount is deducted first; the promotional code then applies to the already reduced price. A promotional code is not combined with the founder price: if the founder price is lower than the price with the promotional code, the founder price applies and the code is not applied; otherwise the price with the promotional code applies. Even with a promotional code, the price is at least 1 EUR. The discount reduces the price including the VAT it contains and is shown on the order and the invoice with the regular price and the discount. When buying a capsule, gift vouchers (§ 10) can additionally be used as a means of payment for the reduced price. A promotional code has no cash value and is neither paid out nor refunded. While a payment is in progress, one use of the code is reserved for up to 60 minutes and released again if the payment is cancelled or fails; a refund, a withdrawal or a chargeback, however, does not release the use.
(4) Storage add-on. For an active capsule, the organizer can buy an additional 25 GB of storage for 39 EUR (one-off payment), up to four times per capsule (+100 GB in total).
(5) Delivery date and additional delivery years. The organizer can set and change the delivery date freely within the period of the plan (§ 4(1)). The child's date of birth can be corrected once by the organizer after purchase and afterwards only by us on request; the existing delivery date must then still fall within the period that results from the corrected date. A delivery date beyond the plan's period can be set by buying additional delivery years at 25 EUR per year, rounded up to full years, up to a cumulative maximum of 10 additional years per capsule. No discounts apply to additional delivery years, except promotional codes under (3a).
(6) Upgrade. An organizer can upgrade from the five-year plan to the "Until 18" plan once; downgrades are not offered. The upgrade price is the price of the "Until 18" plan — while founder places are available, the introductory price under (2), otherwise the regular price — less the price paid for the current plan, less the value of additional delivery years already paid for (but not less than zero). The credited years remain valid and cannot be refunded separately. On upgrading, the storage limit and delivery period change to those of the new plan; if the delivery date lies outside the new period, it is moved to the child's 18th birthday. An upgrade at the introductory price takes a founder place (see (2)). If the credit covers the entire upgrade price, the upgrade is free of charge. We may also grant free upgrades as a goodwill gesture; these cannot be refunded or reversed by the customer.
(7) Payment. Payment is made once via our payment service provider Mollie by card, PayPal, Apple Pay or Google Pay. No recurring charges are made.
(8) Invoices. We issue the invoice ourselves, with consecutive numbers in the format YYYY-NNNNNN. It is sent by email on payment and can also be downloaded in the family settings under "Invoices". Refunds are documented by a credit note ("Rechnungskorrektur") from the same number series.
§ 5 Delivery, access after delivery and end of the capsule
(1) Delivery. On the chosen delivery date, or on an early exit, the capsule is delivered to the person entitled to receive it.
(2) Access after delivery. The person entitled to receive the capsule has access for 365 days from delivery (on early exit: from the early-exit delivery date). If the recipient is confirmed only after delivery (§ 3(2)), the 365 days start with the confirmation but end no later than 730 days after delivery. After that, the capsule and all its contents, including stored export files, are permanently deleted. If the recipient is still not confirmed when access ends, access is extended once by a further 365 days; if the recipient is still not confirmed after that, the capsule is not deleted automatically. We remind the organizer and the recipient by email 60, 30 and 7 days before the end of access; the export is the only way to keep a copy. There is no paid archive.
(3) Closed capsules. A capsule that has been refunded (§ 9) or for which a payment dispute was lost (§ 7) is closed: no new entries can be added, the organizer can still view and export it, and a full export is sent. The capsule and its contents are permanently deleted after 90 days; we remind the organizer 14 days and 3 days before.
(4) Deletion by the organizer. The organizer can request the complete deletion of the family at any time. Statutory retention periods for order and invoice data (see privacy policy, section 6) are not affected by deletion.
§ 6 Liability and data backup
We are liable without limitation for intent and gross negligence, under the German Product Liability Act, and for injury to life, body, or health. For slightly negligent breach of a material contractual obligation (an obligation whose fulfilment is essential to the proper performance of the contract and on which the organizer may regularly rely), our liability is limited to the typical, foreseeable damage. In all other respects, liability for slight negligence is excluded. We back up the database containing the account, family and billing data automatically every day. In addition, we keep a second copy of all photos and voice notes (originals and display copies) in a separate storage bucket with its own access credentials at the same storage provider (Hetzner) in the EU/EEA, separate from our primary storage. The second copy is deleted together with the capsule and whenever an individual entry is deleted; we use it only to restore data after a disaster. We nevertheless recommend that the organizer regularly makes their own copy of their data using the export function in the family settings. We do not promise that data can never be lost.
§ 7 Payment disputes
(1) If the payment for a capsule (the plan) is disputed with the bank or card issuer (chargeback), new entries are paused and, before delivery, delivery is paused until the dispute is resolved. If the dispute arises after delivery, access continues until it is resolved.
(2) If the dispute is decided in our favour, the capsule returns to normal; if the delivery date has passed in the meantime, delivery follows promptly. If it is lost, the capsule is closed (§ 5(3)): it becomes read-only, a full export is sent to the organizer (and to the recipient if the capsule had already been delivered and the recipient is known) and it is permanently deleted after 90 days. An undelivered capsule is exported to the organizer only.
(3) A chargeback on an add-on, additional delivery years or a tier upgrade voids only that purchase; the capsule keeps running and is neither paused nor frozen. The purchase is taken back where it is still unused (add-on removed, additional years removed, upgrade reverted); if it is already in use, it remains in place and we contact the customer. If the dispute is decided in our favour, the purchase is granted again where still possible; if it is decided in the customer's favour, the purchase stays reversed. A chargeback on a gift voucher purchase voids the voucher.
§ 8 Right of withdrawal
Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us (Wi3e Digital UG (haftungsbeschränkt), Friedrich-Ebert-Straße 55, 42103 Wuppertal, Germany, contact@aevana.de) by means of a clear statement (e.g. a letter sent by post or an email) of your decision to withdraw from this contract. You may use the model withdrawal form below, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notice of the exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal: If you withdraw from this contract, we will reimburse all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal. We will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you.
Forming the contract requires you to expressly request, when ordering, that the use of aevana should begin already during the withdrawal period (§ 2) — no contract is formed without this confirmation. If you nonetheless withdraw, you must pay us a reasonable amount corresponding to the proportion of services already provided up to the point at which you notify us of the exercise of the right of withdrawal, compared with the full scope of services provided for under the contract (§ 357a(2) BGB).
Expiry of the right of withdrawal: The right of withdrawal expires early if we have fully provided the service and have started to do so only after you gave your express consent and confirmed your knowledge that you lose your right of withdrawal once the service has been fully provided.
Add-ons, additional delivery years and upgrades: The right of withdrawal applies to these purchases in the same way. To exercise it, contact our support (contact@aevana.de).
Gift vouchers: The right of withdrawal applies to the purchase of a gift voucher as well. It expires when the voucher code has been delivered to the buyer, if the buyer expressly asked for immediate delivery before the end of the withdrawal period and confirmed their knowledge of this.
Model withdrawal form
(If you want to withdraw from the contract, please fill out this form and send it back.)
To Wi3e Digital UG (haftungsbeschränkt), Friedrich-Ebert-Straße 55, 42103 Wuppertal, Germany, contact@aevana.de:
I/we (*) hereby give notice that I/we (*) withdraw from my/our (*) contract for the provision of the following service: use of aevana
Ordered 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.
§ 9 Refunds and credit notes
(1) Full refund until the first entry. Independently of the statutory right of withdrawal, we refund the full price of a capsule on request at any time before delivery for as long as no entry has been added to the capsule (including during the free start).
(2) Withdrawal after the first entry. Once an entry has been added, the statutory right of withdrawal applies within 14 days of payment (for an order paid in full with vouchers: of the order). In this case we refund the full price within 14 days without any deduction. The refund is shown in the refund confirmation and in the credit note.
(3) After delivery. After the capsule has been delivered, including by early exit, there is no refund because the service has been provided. We may grant refunds as a goodwill gesture in individual cases.
(4) Add-ons, additional delivery years and upgrades. In addition to the right of withdrawal under § 8, these purchases are refunded on request as a goodwill gesture for as long as they are unused (add-on: the additional storage is not yet needed; additional years: the capsule has not been delivered and the delivery date has not been moved into the additional years; upgrade: the capsule has not been delivered, the delivery date has not been moved into the upgraded plan and the storage used is still within the old limit). A partial refund does not cancel additional delivery years.
(5) Credit notes and closed capsules. For every refund we issue a credit note ("Rechnungskorrektur"). The refund is made to the means of payment used. A refunded capsule is closed in accordance with § 5(3). A refund does not release a founder place (§ 4(2)). Refunds are always based on the price actually paid; a refund does not release the use of a promotional code (§ 4(3a)) either.
(6) Payments with vouchers. If an order was paid partly with a voucher, a refund goes back onto the voucher first and only the rest to the means of payment. A voucher that has expired or been voided in the meantime is not re-credited automatically; we decide on request.
§ 10 Gift vouchers
(1) Purchase. Gift vouchers are available for 99 EUR, 149 EUR and 299 EUR, also without an account. The buyer is our customer for the voucher sale and receives the invoice. After payment, the buyer receives the voucher code and a printable voucher document by email and hands them over personally. An optional personal message is printed on the voucher document.
(2) Validity. A voucher is valid until 31 December of the third year after the year of purchase. We remind the buyer by email before it expires. Value not used by then lapses.
(3) Redemption. The voucher can be redeemed with the code at the checkout towards the purchase of a capsule (not for add-ons, additional delivery years or upgrades). Several vouchers can be combined for one order, and a voucher can be combined with the founder price, the sibling discount and a promotional code (§ 4(3a)); it counts as a means of payment, not as a discount. While a payment is in progress, the code is reserved for up to 60 minutes. A remaining balance stays on the code until the end of validity and can be used for later capsule purchases. There is no cash payout.
(4) Refund. As long as a voucher is unused and valid, the full purchase price is refunded on request, and the code ceases to work. Once a voucher has been used in whole or in part, has expired or has been voided, there is no automatic refund; we decide on request whether to refund the remaining value as a goodwill gesture. The rules in § 8 remain unaffected.
(5) VAT and settlement on the capsule invoice. Gift vouchers are single-purpose vouchers: the service, the applicable VAT rate (19 %) and the place of supply are known when the voucher is sold, so VAT is charged on the voucher invoice at the time of sale. When a voucher is redeemed, the invoice for the capsule shows the full price and VAT of the capsule and deducts the voucher value as a prepayment (Anzahlung) that has already been taxed; the invoice lists each voucher used with the VAT contained in it, and the VAT is not charged a second time. The amount payable is the invoice amount less the voucher value used. A voucher that lapses unused does not change the VAT already charged on its sale.
§ 11 Closing of the service
If we decide to end the service, we will set a shutdown date and inform the organizers. About 90 days before the shutdown date — or immediately, if the date is set less than 90 days ahead — every family automatically receives a full export of its contents (photos, voice notes, texts, contributor names and metadata) in a form readable without aevana. The export goes to the organizer; for a capsule that has already been delivered it also goes to the recipient, if the recipient's contact email address is confirmed. Undelivered capsules remain sealed and are not delivered early: their export goes to the organizer only. The download link remains valid until 14 days after the shutdown date and ceases to work with the platform at the latest. 7 days before the shutdown date, the capsules stop accepting new contributions; every family whose contents have changed since the first export then receives a final, updated export in the same way. In addition, we refund the unused part of the service on shutdown: for every paid order, the share of the price paid that corresponds to the remaining service time from the shutdown date to the end of the period covered by the order. We pay the refund by the same means of payment that was used wherever this is possible and otherwise by bank transfer, and issue a credit note ("Rechnungskorrektur") for it. We inform the organizers of the amount and the payment method when the shutdown is announced. After the shutdown, all data is deleted, except data that we must keep by law (privacy policy, section 6).
§ 12 Final provisions
These terms are governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods, without prejudice to any mandatory consumer-protection provisions of the organizer's country of habitual residence. Should any provision of these terms be invalid, the remaining provisions remain unaffected. The statutory rules on jurisdiction apply to disputes.