General Terms and Conditions

I. General Provisions

1.1. These General Terms and Conditions are intended to regulate the relationship between "Awakya" EOOD, in its capacity as the operator of the Platform (hereinafter referred to as the "Operator"), on the one hand, and Therapists and Accommodation & Event Venues that interact with Users through the Platform, on the other hand.

1.2. These General Terms and Conditions govern the use of the Awakya professional online platform by Therapists and Accommodation & Event Venues for Non-conventional methods for favourable impact on individual health, Holistic practices, and personal and spiritual development (accessible on the Website), which connects Users with Therapists and with Accommodation & Event Venues, and provides information about Events as well as other informational materials (the "Platform").

1.3. These General Terms and Conditions for use of the Platform take effect from the moment the Therapist or the Accommodation & Event Venue registers their Profile on the Platform. By registering on the Platform as a Therapist or as an Accommodation & Event Venue, you declare that you have read and understood these General Terms and Conditions and acknowledge that they constitute a Contract between you and the Operator.

II. Information About the Operator

III. Definitions

3.1. All terms in these General Terms and Conditions that are written with a capital letter shall have the meaning indicated below:

• "Subscription Plan" has the meaning set out in Section X (Subscription Plans).
• "Contract" has the meaning set out in Clause 12.2 below.
• "Code of Ethics" means the code of ethics for Therapists offering Services through the Platform, published on the Website.
• "Website" means the website on which the Platform is accessible: awakya.com
• "Accommodation & Event Venues" means hotels, holiday resorts, guest houses and other locations providing stay (overnight accommodation), as well as spaces, halls or facilities where Therapeutic Services may be offered and/or Events may be held. Where the context requires, "Accommodation & Event Venues" refers to the persons who organise and/or manage them.
• "Ordinance No. 7" means Ordinance No. 7 of 1 March 2005 on the requirements for the activity of persons who practise non-conventional methods for favourable impact on individual health.
• "Non-conventional Methods (for favourable impact on individual health)" means methods within the meaning of Ordinance No. 7, applied with the purpose of achieving a favourable impact on individual health, such as: homeopathy, acupuncture, acupressure, dietetics, therapeutic fasting and other similar methods.
• "General Terms and Conditions" means these General Terms and Conditions (together with their annexes, if any), as well as any subsequent amendments published on the Website.
• "Operator" "Awakya" EOOD (for additional details see Section II – Information about the Operator).
• "Platform" has the meaning set out in Clause 1.2 above.
• "User" means any natural person who uses the Platform and the services and resources provided through it, including a person who has made contact with a Therapist and/or an Accommodation & Event Venue via the Platform.
• "Profile (of a Therapist and/or Accommodation & Event Venue)" means a designated section on the Platform (a personal page) containing information about a Therapist, respectively an Accommodation & Event Venue, and a description of the Services provided by them (e.g., area of practice, methods and ways of working, qualifications and practical experience of the Therapist), as well as the terms of use of the Services (price, method of delivery—online or in person, time period, etc.).
• "Events" means seminars, courses, webinars, meetings, retreats (stepping away from daily stress and immersing in nature), and other similar activities where Non-conventional Methods and/or Holistic Practices are presented, discussed and/or applied, aimed at supporting personal, emotional and energetic well-being and development.
• "Therapist" means a natural person providing Therapeutic Services through the Platform, who may be:
  • A person practising Non-conventional Methods who possesses the relevant education and qualifications required under the Health Act and applicable secondary legislation, and is registered in the Ministry of Health's register of persons practising Non-conventional Methods for favourable impact on individual health;
  • A holistic practitioner – a person offering Holistic Practices.
• "Therapeutic Services" means services provided by Therapists (through or outside the Platform) aimed at favourable impact on individual health and personal well-being, reducing stress and supporting vitality through Non-conventional and Holistic Practices. These services do not constitute medical assistance or medical treatment under the Health Act and the Medical Establishments Act, and cannot be regarded as a medical examination, diagnosis, treatment or rehabilitation, nor do they replace consultation, diagnosis or treatment by a doctor or other medical professional.
• "Services provided by Accommodation & Event Venues" include organising and/or hosting Events, hotel services, restaurant services and supplementary tourism services within the meaning of the Tourism Act (balneotherapy, SPA, wellness, etc.), guiding visitors in mountain or natural environments, and other services aimed at supporting the personal, physical, emotional and energetic well-being and development of Users.
• "Services" means Therapeutic Services and/or Services provided by Accommodation & Event Venues.
• "Participants (in the Platform)" means Users, Therapists and Accommodation & Event Venues.
• "Holistic Practices" means activities supporting personal development, relaxation and well-being such as yoga, meditation, breathwork, coaching, energy practices, art therapies, relaxation techniques, aromatherapy and other related activities for which no specific registration or state-recognised medical qualification is required.

IV. Characteristics of the Platform

4.1. The Platform provides Participants with access to the Profiles of Therapists and Accommodation & Event Venues and the Services they offer, as well as to information regarding Events. By visiting the Profile of a Therapist or an Accommodation & Event Venue, the Platform enables Users to become acquainted with the respective Participant and to book the Services offered by them. Through the Platform, Participants can also find information about upcoming or past Events, as well as other informational materials.

4.2. The Platform does not offer medical consultations, does not provide medical services, and does not perform medical activities within the meaning of the Health Act, the Medical Establishments Act, and other applicable healthcare legislation, nor does it perform any emergency medical assistance within the meaning of Ordinance No. 25 of 4 November 1999 on emergency medical care.

4.3. The Operator makes reasonable efforts to verify the accuracy of the information contained in the Profiles of Therapists and Accommodation & Event Venues but does not assume responsibility for its truthfulness.

V. Profiles of Therapists and Accommodation & Event Venues

5.1. Each Therapist, as well as each Accommodation & Event Venue, may create, maintain, and use their own Profile on the Platform, within the scope defined by the selected Subscription Plan.

5.2. The materials, photos, videos, listings, and other information published in the Profiles, as well as the Services provided through the Platform (for example, online consultations by Therapists), must comply with all applicable legal requirements, including the Copyright and Related Rights Act and the Health Act.

5.3. By creating a Profile on the Platform, Therapists and Accommodation & Event Venues confirm that they are aware of the Operator's right to use the content they publish for the purposes of advertising and promoting their Services, in compliance with applicable legal requirements.

VI. Rights of Therapists and Accommodation & Event Venues

6.1. The Therapist, respectively the Accommodation & Event Venue, has the right to:

• 6.1.1. browse the content available on the Platform;
• 6.1.2. register and maintain their Profile in accordance with these General Terms and Conditions;
• 6.1.3. set the prices of the Services they offer;
• 6.1.4. change the prices of the Services provided at any time without prior notice. Prices for Services that have already been prepaid cannot be changed;
• 6.1.5. receive information about ratings submitted by Users after using their Services;
• 6.1.6. terminate their registration on the Platform at any time, at their own discretion, by sending an email to [email protected]. Upon doing so, their Profile will be deleted and they will receive confirmation of the deletion. If a reservation for a Service has been made through the Platform prior to deletion of the Profile, the reservation remains valid and must be fulfilled.

6.2. The Therapist, respectively the Accommodation & Event Venue, may not perform actions that violate the law, these General Terms and Conditions, or the Ethical Code (when applicable), including but not limited to:

• 6.2.1. for Therapists – performing activities that constitute diagnosis, treatment, prescribing medication, or providing medical care;
• 6.2.2. offering treatment, prescribing medication, or providing consultations to individuals in a suicidal crisis;
• 6.2.3. using invasive methods, except for acupuncture, as well as any methods whose application may endanger the health of the User seeking assistance. "Invasive methods" are diagnostic or therapeutic techniques involving penetration into the human body through disruption of the skin, mucous membranes, or through natural orifices;
• 6.2.4. using for themselves or providing to third parties, in any form and for commercial or non-commercial purposes, any content, information, know-how, or technology extracted partially or entirely from the Platform or the Website, except in accordance with these General Terms and Conditions and/or with the Operator's prior written consent;
• 6.2.5. interfering with the normal functioning of the Platform;
• 6.2.6. using the Operator's trademark beyond what is permitted under these General Terms and Conditions;
• 6.2.7. sending "spam", "junk mail", "chain letters", or any other unsolicited commercial communications to Participants;
• 6.2.8. sharing, publishing, or transmitting personal data or other personal information of a User unless there is explicit written consent from the User or a legal basis for doing so.

VII. Obligations of Therapists and Accommodation & Event Venues

7.1. The Therapist, respectively the Accommodation & Event Venue, is obligated to:

• 7.1.1. use the Platform and its functionalities lawfully and in accordance with these General Terms and Conditions, and for Therapists – also in accordance with the Ethical Code;
• 7.1.2. act responsibly and in good faith toward the personality and health-related needs of Users;
• 7.1.3. update the information in their Profile within 7 days of any change;
• 7.1.4. maintain and update their calendar on the Platform accurately;
• 7.1.5. keep their username and password for accessing their Profile confidential;
• 7.1.6. immediately notify the Operator of any unauthorized use of their username or password;
• 7.1.7. cooperate during inspections related to their activity on the Platform;
• 7.1.8. not provide their Profile for use by third parties and not use Profiles belonging to others;
• 7.1.9. refrain from making public or private statements or undertaking actions that damage the image, trust, or reputation of the Operator and/or the Platform.

Obligations for Therapists Practicing Non-Conventional Methods

7.2. A Therapist who practices Non-Conventional Methods is obligated to:

• 7.2.1. assess the User's health condition and the extent to which the method applied may have a beneficial effect before applying any Non-Conventional Method;
• 7.2.2. explain in detail and in clear, accessible language the nature of the Non-Conventional Method they intend to apply, the expected positive effects on the User's health, and any potential side effects;
• 7.2.3. apply Non-Conventional Methods only in premises that meet regulatory and health requirements;
• 7.2.4. display in their Profile a certificate of registration with the regional health authority, if such registration is required;
• 7.2.5. obtain the User's consent before providing any Service that constitutes a Non-Conventional Method of treatment and store this consent for a period of 10 years;
• 7.2.6. record the details of each person seeking their assistance in a Visits Logbook in compliance with Ordinance No. 7.

Additional Legal and Professional Responsibilities

7.3. The Therapist declares to the Operator that they hold the required license (where applicable) for the Services they provide. Additionally, the Therapist declares that they possess the necessary qualifications, education, and experience to provide their Therapeutic Services. The Therapist, respectively the Accommodation & Event Venue, bears full responsibility for the quality, safety, and lawfulness of the Services they provide.

7.4. A Therapist practicing Non-Conventional Methods is responsible for complying with the requirements of the Health Act, Ordinance No. 7, and all other applicable legislation when performing their activity.

Delays for Scheduled Consultations

7.5. If the Therapist is late for a consultation by 15 minutes or more, they must reschedule the consultation at a time convenient for the User.

7.6. If the User is late for a consultation by 15 minutes or more, the Therapist must reschedule the consultation at a time convenient for the Therapist.

VIII. Rights and Obligations of the Operator

8.1. The Operator has the right to:

• 8.1.1. make changes to the Platform at any time, including updating, modifying, expanding, or removing functionalities at its own discretion;
• 8.1.2. conduct periodic inspections of the Profiles of Therapists and Accommodation & Event Venues and the Services offered by them.

8.2. The Operator has the right to close the registered Profile when the Profile has not been used for more than three years, upon request, or in other cases at the Operator's discretion.

8.3. The Operator has the right to restrict or block access to a Profile and/or suspend Services when the Therapist or Venue acts in violation of the law, these Terms, or the Ethical Code; engages in actions that damage the reputation of the Platform; or attempts actions that compromise the security or functioning of the Platform.

8.4. The Operator is obligated to pay, within the agreed deadlines, the Therapists and Accommodation & Event Venues for the Services used by Users and for which the Operator has received payment through the Platform.

IX. Registration of Therapists and Accommodation & Event Venues

9.1. Registration on the Platform is voluntary and free of charge. Registration entitles Therapists and Accommodation & Event Venues to publish information about the Services they offer, to provide Services through the Platform (where applicable), and to use the Platform's functionalities depending on their Subscription Plan.

9.2. To complete registration, the Therapist must enter their first name and surname (or patronymic), date and year of birth, gender, email address or phone number, and a password for access. Registration is also possible through the use of a Facebook or Google account.

9.3. After completing the initial registration, in order to create their Profile, the Therapist must provide additional information including: type of Therapist, qualifications, evidence of qualifications, Services offered, experience, preferred working format, and pricing.

9.4. After completing the initial registration, in order to create its Profile, the Accommodation & Event Venue must provide additional information including: Services offered, type of facility, classes and categories, and premises available.

X. Subscription Plans

10.1. To use the Platform in accordance with these Terms and Conditions, a Therapist with a Profile must subscribe to one of the following plans:

• 10.1.1. Free Plan – "Start"
• 10.1.2. Standard Plan – "Growth"
• 10.1.3. Premium Plan – "Abundance"

10.2. To use the Platform in accordance with these Terms and Conditions, an Accommodation & Event Venue must subscribe to one of the following plans:

• 10.2.1. Free Plan – "First Steps"
• 10.2.2. Standard Plan – "Popular Venue"
• 10.2.3. Premium Plan – "Top Location"

10.3. Detailed information regarding each plan — terms, pricing, etc. — can be found on the Plans page.

XI. Payment for Services and Subscription Plans

11.1. Users make payments for the Services they have requested through the Platform to the Operator. Unless otherwise agreed, the Operator shall make the due payments to the Therapists and Accommodation & Event Venues once per month.

11.2. Therapists and Accommodation & Event Venues shall pay their chosen Subscription Plan electronically by debit or credit card. The Operator shall send a payment confirmation to the email address provided.

XII. Conclusion of the Agreement

12.1. The Agreement between the Operator and the Therapist or the Accommodation & Event Venue regarding the use of the Platform becomes effective upon registration and activation of the Profile. Registration requires explicit acceptance of these General Terms and Conditions.

12.2. These General Terms and Conditions constitute the full text of the Agreement, unless otherwise agreed in a separate written agreement.

12.3. The Agreement is valid for an indefinite period, starting from the date of registration.

XIII. Termination of the Agreement

13.1. The Agreement shall be terminated upon termination of registration, in other cases provided for in these Terms, upon discontinuation of the Operator's activity, or in other cases provided for by law.

13.2. In the event of termination, the Operator is entitled to immediately suspend access to the Profile and terminate registration. The Operator shall not be liable for any damages or lost profits suffered as a result.

XIV. Force Majeure

14.1. A Party shall not be liable for non-performance due to force majeure, meaning extraordinary events such as fire, industrial accidents, acts of war, natural disasters, embargoes, government bans, strikes, riots, and similar events.

14.2. If unable to fulfill obligations due to force majeure, the Party must notify the other Party within five business days.

XV. Changes to the Terms and Conditions

15.1. The Terms and Conditions may be amended by the Operator at any time. The Operator shall inform Therapists and Accommodation & Event Venues by email, providing a deadline for reviewing the changes. If no objection is raised within the specified period, the amendments shall be deemed accepted.

15.2. If a Therapist or Accommodation & Event Venue disagrees with amendments, they may express their objection by sending a notification. This will result in automatic termination of the Agreement.

XVI. Liability and Indemnification

16.1. The Operator shall take the necessary measures to ensure uninterrupted access to the Platform and shall maintain the Website with the care of a diligent merchant.

16.2. The Operator does not guarantee that the Platform will always be accessible at all times and from any location worldwide, nor that the Platform will remain unchanged or maintained indefinitely.

16.5. Except in cases of intent or gross negligence, the Operator shall not be liable for damages suffered by Therapists or Accommodation & Event Venues in connection with the use of the Platform.

16.7. The Operator shall not be liable to Users for any damages, bodily injuries, incidents, or accidents that may occur while using Services. The responsibility for the safety and lawfulness of the Services rests entirely with the Therapist or the Accommodation & Event Venue.

16.8. Therapists and Accommodation & Event Venues bear full and complete responsibility for any Content that they upload, publish, transmit, or otherwise make available through the Platform.

16.14. The Therapist or the Accommodation & Event Venue agrees to hold harmless, defend, and indemnify the Operator from all User claims against the Operator arising from the provision of Services, violations of applicable legislation, or damages arising in connection with the Services.

XVII. Personal Data Protection and Privacy

For information about how we process personal data, please refer to our Privacy Policy.

XVIII. Other Provisions

18.1. Any disputes arising from these Terms and Conditions shall be resolved through negotiation. If agreement cannot be reached, the dispute shall be resolved by the competent Bulgarian court.

18.2. These Terms and Conditions shall be governed by and construed in accordance with the laws of the Republic of Bulgaria.