General Terms and Conditions

 Last update: April 30, 2025

1.Scope of application

1.1. These General Terms and Conditions ("Terms") apply to all users of the Sparklist: 100 Dreams & Goals mobile application (the “App”) (collectively, the “Services”). These Terms are provided by Hanna Dzmitryieva, NIP: 8943189802 (“Sparklist: 100 Dreams & Goals,” “Company,” “Us,” or “We”), registered at 53-206 Wrocław, ul.Rusznikarska 3/11, Poland, insofar as no individual contractual agreements have been made.

1.2. You may access these Terms on our Website https://100-wishes.blogspot.com/ or in the App at any time. You may view, download, save, and read them at your convenience.

1.3. The version of the Terms valid at the time of the conclusion of a contract shall apply.

2. Services

2.1. Sparklist: 100 Dreams & Goals provides a wide range of content related to mindfulness, well-being, and personal growth, including guided meditations, journaling, affirmations, and breathing exercises.

2.2. Sparklist: 100 Dreams & Goals is not a health-care service and is not intended for the purpose of diagnosis or treatment of any mental disorder, medical disease, or condition.

2.3. You must be at least 4 years old to use Sparklist: 100 Dreams & Goals.

3. Use of the Services; Subscription

3.1. Free Services Some parts of our Services are available to You unlimited and free of charge.

3.2. Subscription Plans Sparklist: 100 Dreams & Goals offers premium subscription options that grant full access to exclusive content. 

3.3. General Requirements for Subscriptions to all Services To use the Services, You must have Internet access, a device that can utilize the Sparklist: 100 Dreams & Goalsr Services, and a valid form of payment. You authorize us to charge any form of payment You provide, in connection with your subscription.

4. Conclusion of Contract

4.1. If the User wishes to subscribe, it first has to select one of the Subscription Plans and the type of subscription (Monthly or Annual). By clicking the button “Purchase”, the User makes a binding offer to conclude a contract for the selected Services and Subscription Plan. The contract is concluded when Sparklist: 100 Dreams & Goals confirms the subscription via email.

5. Payment

5.1. Subscription Fees Our paid subscription for Monthly or Annual is payable in advance for the entire subscription period agreed upon at the time of booking according to your Subscription Plan. You agree that Sparklist: 100 Dreams & Goals may charge the fees for the entire subscription period to the same credit card used for the initial Subscription fee or to the other payment instrument You provided.

6. Termination

6.1. By the User

6.1.1. You may cancel your subscription at any time, effective at the end of the current billing period, by submitting a cancellation request to 100wisheslist@gmail.com.

6.1.2. Please note that if You subscribe through the Apple App Store or our iPhone application, You can cancel your subscription by disabling auto-renewal of paid in-app subscriptions. To do this, You must select “Manage App Subscriptions” under Settings in your App Store Account and then select the subscription You wish to change.

6.1.3. If You do not cancel your subscription before the end of your current subscription period, the subscription will continue for a further period.

6.2. By Sparklist: 100 Dreams & Goals

6.2.1. Sparklist: 100 Dreams & Goals may suspend or terminate your account for cause, including fraudulent activity or violations of these Terms.

7. Right of withdrawal

7.1. Our Services are deemed as “immediately performed services on electronic platform”, and that You shall not have the right to withdraw and no payment is to be refunded, in accordance with Article 15 of the Regulation on Distance Contracts published in the Official Gazette dated 27 November 2014 and numbered 29188. Having said that, the general terms and conditions of Apple App Store shall be applied to the purchases conducted through them accordingly.

7.2. For purchases conducted through the Apple App Store, you can request a refund from Apple only. For all purchases made through the Apple App Store, Apple acts as the distributor and handles refunds itself. You accept and acknowledge that We cannot make a refund for purchases conducted through the Apple App Store. For more information on Apple’s refund process please refer to https://support.apple.com/en-us/HT204084.

8. Liability

8.1. In the event of simple negligence, we shall only be liable if there is a breach of essential contractual obligations. An essential contractual obligation within the meaning of this provision shall be understood to be an obligation the fulfillment of which makes the performance of this contract possible in the first place and on which the contractual partner may therefore generally rely.

8.2. The liability according to the above clause 8.1 shall be limited to typical and foreseeable damage at the time of the conclusion of the contract.

8.3. The limitation of liability shall also apply mutatis mutandis in favor of our employees, representatives, and vicarious agents.

9. Disclaimer

9.1. Sparklist: 100 Dreams & Goals provides content related to mindfulness and well-being. We are not a health care provider or a medical device provider, nor do our Services constitute medical advice. Only your physician or other healthcare provider is able to do so.

9.2. Sparklist: 100 Dreams & Goals makes no representations, warranties, or assurances that the Services provide any therapeutic benefit.

9.3. All health information, links to the Services and/or recommendations or other materials, whether provided by Sparklist: 100 Dreams & Goals or by outside vendors, are provided for non-binding general informational purposes only.

9.4. Recommendations and other materials provided by us are intended to enhance, but not replace, the relationship that exists between You and your healthcare providers. We assume no liability for any consequences resulting from You having read or others having told You about these recommendations or other materials. Rather, You assume sole responsibility for your decisions and actions.

10. Intellectual Property

10.1. Sparklist: 100 Dreams & Goals grants the User the non-exclusive, non-sublicensable and non-transferable right, limited in time and withdrawable at any time, to access the Services via the Website or App provided by Sparklist: 100 Dreams & Goals solely for the purposes set forth herein and to use them accordingly. Any further use of the Website or the App, including the images, characters, icons or product descriptions displayed, is not permitted without Sparklist: 100 Dreams & Goals`s express consent.

10.2. When using the Website or the App, it is prohibited to copy, modify or create derivative works based on the information displayed therein and the software related to the Services. It is further prohibited to extract (e.g. by “scraping”) to the services depicted on the Website or the App and/or to reuse the information outside the Website or the App.

11. Indemnification

11.1. The User indemnifies Sparklist: 100 Dreams & Goals from all claims that are asserted against Sparklist: 100 Dreams & Goalsdue to a violation of legal requirements or prohibitions laid down in these Terms for which the User is responsible. The User assumes all costs incurred by Sparklist: 100 Dreams & Goals, including the reimbursement of costs of necessary legal representation.

12. Availability

12.1. Sparklist: 100 Dreams & Goalsr does not guarantee the availability of the Website and/or App at any time or the occurrence and/or proper technical transmission of the offered services. Sparklist: 100 Dreams & Goals endeavors to make the Website and the App available for use by the User as uninterruptedly as possible. Nevertheless, downtimes may occur due to maintenance work and technical problems. The User is not entitled to any claims due to possible downtimes. Sparklist: 100 Dreams & Goals does not guarantee that all services or parts thereof can be used from any location. Sparklist: 100 Dreams & Goals is entitled without prior notice to change or adapt the Website or App, e.g. due to legal requirements or technical developments. Sparklist: 100 Dreams & Goals reserves the right to delete the Website and/or App in parts or as a whole as well as to discontinue the offer temporarily or permanently.

13. Performance delays, technical requirements

13.1. Delays in performance due to force majeure and due to extraordinary and unforeseeable events, which cannot be prevented even by the utmost care of Sparklist: 100 Dreams & Goals (this includes in particular strikes and official or judicial orders), Sparklist: 100 Dreams & Goals is not responsible. The user entitles Sparklist: 100 Dreams & Goals to postpone the provision of services for the duration of the impending event.

13.2. The use of the services offered by Sparklist: 100 Dreams & Goals requires appropriate compatible equipment and regularly sufficient Internet access, which the User must provide at his own responsibility and expense. Sparklist: 100 Dreams & Goals assumes no responsibility for the loss or improper transmission of information and/or Services based on the fact that the User has not created the necessary conditions.

14. Data Protection

14.1. In the context of the use of our services, it is necessary to process certain personal data of our users. For the processing of personal data by us, our Privacy Policy applies, which is available under here, as well as on our website and in the app. In our Privacy Policy, You can read which personal data we process, for what purpose they are processed, and on what legal basis.

15. Changes to these Terms

15.1.We reserve the right to make changes to these Terms at any time without prior notice. You should review the most up-to-date version of these Terms before using our Services.

16. Miscellaneous

16.1. The contractual language is English.

16.2. Should individual provisions of these Terms be or become invalid, this shall not affect the validity of the remaining provisions of the Terms. The ineffective provision shall be replaced by the contracting parties by mutual agreement by such a provision which comes closest to the economic sense and purpose of the ineffective provision in a legally effective manner. The above provision shall apply mutatis mutandis in the event of loopholes.