Terms and Conditions


General Terms and Conditions

Brain Artistry – Angelika Schlothauer (hereinafter "Brain Artistry") operates the STATE platform and offers, among other things, the digital program "NSI – The Art of Nervous System Intelligence."

The designations "STATE," "Brain Artistry," and the respective program and product names are trademarks, trade names, or offering names. The contractual partner of the customers is exclusively Brain Artistry – Angelika Schlothauer in all cases.

§ 1 – Scope and Services

1. Brain Artistry (State) – Angelika Schlothauer (hereinafter "Brain Artistry" or "I") offers:

  • 1:1 sessions and coaching (online and on-site)
  • group programs, workshops, courses, training, and live events
  • digital products and online courses
  • app-based content (e.g., STATE / Brain Artistry content)

2. All offers, deliveries, and services are provided exclusively on the basis of these General Terms and Conditions (GTC).
Deviating terms and conditions of the customers shall not become part of the contract, even if they are not expressly contradicted.

3. The legal venue is, as far as legally permissible, the Canton of Zurich (Switzerland).

 

§ 2 – Conclusion of Contract / Registration / App

1. Bookings or orders are made in particular:

  • via the website / online shop
  • via booking systems
  • by email, contact form, or direct message
  • via app stores (Apple App Store, Google Play)

2. By placing an order/booking, the customer makes a binding offer.
The contract is concluded when Brain Artistry:

  • confirms the booking by email or in the booking mask,
  • activates access to digital content, or
  • confirms an appointment for a session/coaching.

3. For app subscriptions, the customer agrees that the respective payment provider (e.g., Apple, Google, Stripe, PayPal) will collect recurring amounts according to the selected model (monthly/annually).
Cancellations of app subscriptions are made directly via the respective platform.

The activation of a bundle or program access in the app is considered acceptance of the contract.

The conclusion of contracts for digital content, programs, memberships, and mentoring services can take place via external booking and payment platforms (e.g., Uscreen, Acuity Scheduling, Stripe, Shopify).
By clicking on the respective booking or purchase button, customers are redirected to the platform of the respective service provider.
The technical processing of the booking and payment is handled via these platforms.
Brain Artistry – Angelika Schlothauer remains the sole contractual partner for the services offered in all cases.
In addition, their own terms of use and data protection regulations apply to the use of the respective platform.

 

§ 3 – Prices / Payment / Invoicing

1. The prices displayed on the website or in the app at the time of booking apply.

2. Payment is due in advance, unless otherwise stated.

3. Payment is made, depending on the offer, via:

  • Stripe / Credit Card
  • Shopify Payments
  • Uscreen Payments
  • PayPal
  • App Store / Google Play
  • possibly bank transfer or other expressly indicated options.

4. Digital content is usually activated and participation in live offers usually occurs only after receipt of payment.

5. In case of payment default, reminder fees and interest on arrears may be charged to the extent permitted by law.

6 Payment plans for digital programs (e.g., NSI (The Art of Nervous System Intelligence))

  1. For certain digital programs, Brain Artistry offers a payment plan in monthly installments (e.g., 6 x CHF 270).

  2. By entering into the payment plan, the customer commits to paying all agreed installments, regardless of the actual use of the content.

  3. Access to the content will be activated after successful first payment.

  4. Access to the corresponding activated content is available during the active payment period.

  5. After full payment of all installments, access will automatically be converted to indefinite ("Lifetime") access to the respective program.

  6. "Lifetime" means access to the content as long as the platform is operated and the content is available, without a claim to permanent provision.

  7. In case of early termination of the payment plan, access to the program ends at the expiration of the already paid period. A claim to lifetime access only exists after full payment of all agreed installments.

  8. The payment plan is a standalone offer and not part of the regular STATE membership.

If installment payment is agreed for coaching packages, the total amount remains fully due even in case of early termination.
Installment payment is merely a payment modality and does not constitute a monthly terminable subscription. Payment processing is carried out via external payment service providers. Their terms of use also apply.

 

§ 4 – Cancellations / Rebookings / Refunds

4.1 Digital Products & Online Courses (On-Demand)

1. For purely digital products (e.g., recorded online courses, audio libraries, on-demand content), there is generally no right to a refund after activation, unless otherwise specified in the product description.

2. If a statutory right of withdrawal exists and the customer expressly agrees that the service begins before the withdrawal period expires, the right of withdrawal may lapse upon commencement of use.

4.2 Live Programs, Group Offers & Trainings

1. Registration for live programs, workshops, seminars, or trainings is binding.

2. Unless otherwise specified in the respective offer description, withdrawal with a refund of the purchase price is generally not provided. In individual cases, by arrangement:

    • rebookings to a later date or
    • the designation of a suitable substitute person
      may be allowed.

3. If an offer from Brain Artistry is canceled for an important reason (e.g., illness, insufficient number of participants, force majeure), amounts already paid will be refunded or – at the customer's choice – credited to a replacement date. Further claims (e.g., travel or accommodation costs) are excluded, as far as legally permissible.

4.3 1:1 Sessions and Coaching

1. The following cancellation conditions apply to individual sessions, unless otherwise agreed:

  • Cancellation up to 5 full working days before the appointment: free of charge
  • Cancellation up to 24 hours before the appointment: 50% of the fee
  • Cancellation less than 24 hours before the appointment or no-show: 100% of the fee

2. The decisive factor is the time of receipt of the cancellation by email, contact form, or via the booking system.

4.4 Term Coaching (e.g., 3- or 6-month packages)

1. For coaching packages with a defined term (e.g., 3 or 6 months), the full package price is due, regardless of whether all sessions are attended.

2. Early termination generally does not give rise to a claim for a refund. In justified individual cases, individual goodwill arrangements can be made for services not yet rendered.

Right of Withdrawal for Digital Content

As far as customers are consumers within the meaning of EU directives, there is generally a 14-day right of withdrawal.

For digital content not supplied on a physical data carrier, the right of withdrawal expires prematurely if:

– the customer expressly agrees in the ordering process that Brain Artistry begins with the performance of the contract before the expiry of the withdrawal period, and
– the customer confirms in the ordering process that he loses his right of withdrawal by this consent.

By placing the order, the customer expressly agrees that Brain Artistry begins with the performance of the contract before the expiry of the withdrawal period and confirms that he thereby loses his right of withdrawal.

The activation of access to digital content is considered the start of the contract performance.

 

§ 5 – Health, Medical Disclaimer, and Personal Responsibility

1. Brain Artistry – Angelika (Ani) Schlothauer (STATE) is not a doctor, psychologist, psychotherapist, or medical professional.
Likewise, none of the services offered (sessions, coaching, programs, workshops, breathwork, hypnosis, EFT, somatic exercises, app content, or digital courses) are to be understood as medical, therapeutic, or psychiatric care.

2. No content, exercises, or recommendations replace medical diagnosis, treatment, or therapy.
The offers are exclusively for personal development and self-regulation and are not to be interpreted as a promise of healing or health advice.

3. Participation in all offers is voluntary and at one's own full responsibility.
If an exercise, emotion, physical reaction, or breathing technique becomes too intense or feels unfamiliar, it is the participant's responsibility to

  • immediately interrupt the exercise,
  • inform Brain Artistry, and
  • seek medical support if necessary.

4. Brain Artistry expressly recommends seeking medical or therapeutic advice before participation, especially in the case of existing or previous health limitations, including, but not limited to:

  • cardiovascular diseases, high blood pressure, aneurysms
  • eye problems such as glaucoma or retinal detachment
  • epilepsy, seizure tendency, neurological diseases
  • severe psychological diagnoses (e.g., psychosis, bipolar disorder, severe PTSD symptoms)
  • recent surgeries, unhealed injuries
  • taking strong medications
  • pregnancy or possible pregnancy
  • respiratory diseases (asthma, etc.)

If uncertain about participation: medical clarification beforehand is absolutely necessary.

5. Pregnancy:
Participants undertake to disclose an existing pregnancy before starting a session/program.
If pregnancy is suspected after the start of the offer, participation in intensive breathing or physical exercises must be stopped immediately until Brain Artistry has been informed and further steps have been discussed together.

6. The participant confirms that they are physically and emotionally able to participate in the offered activities.
Brain Artistry assumes no liability for health risks unknown to the participant or concealed by the participant.

7. No Guarantee of Success:
Neither specific results, transformations, emotional experiences, health changes, nor professional or personal successes are guaranteed. The effectiveness largely depends on the individual's willingness and personal responsibility.

8. Releases & Scope of Liability:
By booking, the participant expressly agrees to release Brain Artistry (including all employees, cooperation partners, and agents) from all claims that may arise in connection with participation, as far as legally permissible.

This includes, in particular:

  • physical or emotional reactions during or after the exercises
  • possible worsening of existing conditions
  • damages due to non-compliance with medical recommendations
  • injuries resulting from own decisions or misinterpretations

9. Personal Responsibility in Health Emergencies:
Should medical or other assistance be necessary during an offer, the participant undertakes to

  • inform Brain Artistry immediately
  • immediately seek medical or therapeutic care
  • bear all resulting costs themselves.

10. No Liability for Self-Endangerment:
If participants ignore medical symptoms, participate despite contraindications, or continue exercises contrary to clear instructions, they act solely at their own risk.

11. Applicability:
This health and liability section applies to all Brain Artistry offers, offline and online, including app content, on-demand videos, breathwork, hypnosis, somatic offers, and all live interactions.

 

§ 6 – Content of Services / No Guarantee of Success

1. Brain Artistry owes the diligent provision of the agreed services, but not a specific result.

2. In particular, no guarantee is given for:

  • healing or alleviation of ailments
  • specific emotional, physical, or professional results
  • financial or professional developments

3. The success of coaching, courses, and programs largely depends on the active participation and personal responsibility of the client.

Coaching represents a process-accompanying, advisory, and educational service and is not psychotherapy, healing treatment, or a medical measure.
Coaching does not replace diagnosis or treatment by doctors, psychotherapists, or other medical professionals.
No promises of healing are made.

 

§ 7 – Copyright and Rights of Use

1. All content provided by Brain Artistry (e.g., videos, audio, scripts, PDFs, slides, app content, texts) is protected by copyright.

2. With the acquisition of an offer, the customer receives a simple, non-transferable right of use for private purposes within the scope of the respective offer.

3. The customer is particularly not entitled to:

  • to duplicate, sell, transfer, or make publicly accessible content,
  • to use content in one's own courses, programs, or services,
  • to disclose access data to third parties,
  • to edit content or pass it off as one's own.

4. Violations of these provisions may result in civil and criminal consequences and lead to immediate exclusion from the offer without entitlement to a refund.

 

§ 8 – Data Protection

1. Brain Artistry processes personal data of customers in accordance with Swiss data protection law (revDSG) and – where applicable – the GDPR.

2. Details are provided in the Data Protection Declaration on the website, which is part of these GTC.

 

§ 9 – Liability

1. In addition, Brain Artistry's separate liability and release declaration, which is part of the contract, applies.

2. To the extent legally permissible, Brain Artistry excludes all liability for:

  • physical, psychological, or emotional reactions,
  • indirect or consequential damages,
  • loss of profit,
  • loss of data,
  • loss of use,
  • actions or omissions of the participants,
  • damages resulting from non-compliance with instructions or medical advice.

3. For simple negligence, liability is completely excluded – to the extent legally permissible.
Liability exists only for intent or gross negligence.

4. Statutory mandatory liability regulations (e.g., for personal injury) remain unaffected.

 

§ 10 – Online Dispute Resolution (EU Notice)

For customers residing in the EU:
The EU Commission provides a platform for online dispute resolution (OS):
https://ec.europa.eu/consumers/odr

Brain Artistry is currently neither obliged nor willing to participate in a dispute resolution procedure before a consumer arbitration board.

 

§ 11 – Amendments to the GTC

Brain Artistry reserves the right to amend these GTC as required.
For contracts already concluded, the GTC valid at the time of conclusion of the contract apply. For ongoing app subscriptions or memberships, changes may be made with reasonable advance notice.

 

§ 12 – Final Provisions

1. Swiss law applies, unless mandatory consumer protection regulations of the customer's country of residence conflict with it.

2. The place of jurisdiction is – where permissible – Brain Artistry's registered office in the Canton of Zurich.

3. Should a provision of these GTC be or become ineffective, the validity of the remaining provisions remains unaffected. The legally permissible regulation that comes closest to the economic purpose shall replace the ineffective provision.