At the beginning of every section we have summarised what is being regulated in that paragraph. This summary is there for the purpose of clarity, and does not contain any legally relevant content.
Note on restriction of use
If the user wants to use HUMANOO on a mobile device with eTherapists GmbH mobile software (hereinafter also called the “HUMANOO app”) please note that the HUMANOO app is not yet compatible with all mobile device operating systems. Currently eTherapists GmbH offers the HUMANOO app for Android from version 5.0 and for iOS from version 11 on. If these operating systems are not in use on the user’s mobile device, the HUMANOO app cannot be used at this time. However, HUMANOO services are available through mobile phone or computer browsers.
Available and tested browsers include Microsoft Edge (only available through Windows), Chrome, Firefox and Safari (only MacOS), in their current versions. For security reasons, HUMANOO is only supported on the latest browser versions. An internet connection is a prerequisite for using HUMANOO services.
Note on costs of data transmission
Costs may incur when data from HUMANOO services and the HUMANOO app is transferred using internet providers from the user’s computer or mobile device to eTherapists GmbH servers. These costs will be charged by the internet provider. Users can contact their internet provider to ascertain the exact costs of data sharing.
In this section we define who can use HUMANOO services and the HUMANOO app, who we are, how you can contact us and to whom different terms may apply.
1.1 HUMANOO services and the HUMANOO app can only be used by people whose use of these services does not count as part of their professional activity, be it commercial or freelance (consumers). If the user is not of age or has to be represented by a third party, the use of HUMANOO services and the HUMANOO app is only permissible if prior approval (consent) from the person authorised to represent has been obtained.
1.2 HUMANOO services and the HUMANOO app can only be used by private persons. Other use can only take place with express, written agreement.
1.3 The provider of HUMANOO services and the HUMANOO app is
Lobeckstraße 36-40, c/o Techspace,
HRB 174399 B (Amtsgericht Charlottenburg), Umsatzsteuer-ID: 304876459,
Managing director: Philip Pogoretschnik.
Phone: +49 (0) 30 120 88 55 0
eTherapists GmbH is the user’s contractual partner and can be contacted for questions about these terms, HUMANOO services or the HUMANOO app.
1.4 These terms apply to all of HUMANOO services that can be used over www.humanoo.com and app.humanoo.com and in the HUMANOO app.
1.5 eTherapists GmbH is neither the operator of the mobile devices or of the platforms the apps are offered and sold on (app stores). These terms therefore do not apply to the relationship between the user and the operator of these app stores or the operator of the mobile device. The respective operator’s terms and conditions should be consulted by the user.
2. HUMANOO’s services
In this section we explain what HUMANOO services cover and what services we offer.2.1 HUMANOO services include many functions with which the user can determine their own physical and mental health state and improve their performance. The aim of the HUMANOO service is to sensitise users to health topics and to give them an incentive to actively look after their own health.2.2 The user is offered the digital content of the HUMANOO services as “Software as a Service” over the HUMANOO app or the HUMANOO website. Digital content includes videos demonstrating exercises, recipes with images and cooking instructions or other written and visual recommendations. “Software as a Service” is a model in which the customer can use the provider’s software and necessary IT structure of the provider of the “Software as a Service”, but the software itself is not transferred to the customer.2.3 Any food, fitness machines and other items used by eTherapists GmbH in HUMANOO’s coaching or recommendations do not form part of HUMANOO services and need to be purchased separately.2.4 HUMANOO services include functions such as ” release tension”, “training”, “challenges” and “nutrition”. The ‘release tension’ allows the user to select areas of the body, and to receive recommendations and tips. The user will then be offered exercises (demonstrated in video form), which will help these areas of the body, and overall wellbeing. A range of yoga coaching is also available. In the ‘training’ section, the user receives a selection of programmes to pursue individually definable health goals (e.g. “movement”, “mindfulness” and “nutrition”). The ‘challenges’ function offers the user the opportunity to set personal targets with their own headings (e.g. steps per day). In this context, the user may transfer data via Google Fit, the Apple Health Kit or other tracking devices. If you use the services of a cooperating third party provider for tracking, (e.g. Thryve Health, Google Fit and Apple Health Kit), your personal data relating to registration and use will be exchanged. Further information can be received upon first use. In the ‘nutrition’ part you get recipes as well as the opportunity to receive personalised recipe suggestions.2.5 In some instances, HUMANOO offers users a bonus programme. Bonus programme points are displayed as virtual diamonds. These diamonds can be used in a shop, offset against course fees or paid to users in cash. Users can only use the diamonds in the ways that are detailed in HUMANOO. Any further claims from the bonus programme are void.2.6 As part of HUMANOO’s preventive healthcare scheme, the prevention control centre (Zentrale Prüfstelle für Prävention) gives users the option to complete certified online courses which are subject to a fee and billed in the user’s name to their health insurance company. We need a separate consent and authorisation from the user to process the reimbursement and to bill these courses to their health insurance company. Find more information here: https://support.humanoo.com/de/support/solutions/articles/76000032868-humanoo-pr%C3%A4ventionsf%C3%B6rderung Processing the reimbursement with the health insurance company may incur costs for the user which can be offset against the resulting reimbursement by the health insurance company. As soon as the authorisation and documents required by the insurance are submitted, HUMANOO will pay the reimbursement from the health insurance company minus the costs as a non-refundable advance payment in the form of diamonds in the bonus programme. The general conditions for HUMANOO’s preventive healthcare scheme can be found here: https://support.humanoo.com/de/support/solutions/articles/76000021278-rahmenbedingungen-humanoo-pr%C3%A4ventionsf%C3%B6rderung. 2.7 HUMANOO services are subject to a charge, and can be used directly after the acquisition of a HUMANOO ID. Depending on the term selected, a HUMANOO ID is valid either through: Purchase by companies, insurance companies or health insurance funds (hereinafter also referred to as “contractual partners”): Unless otherwise contractually agreed three (3) months / six (6) months or one (1) year with an automatic contractual extension. Personal purchase by the user: One (1) Month / six (6) months or one (1) year.2.8 For contractual partners, like companies (employers) or insurers / health insurers, who offer HUMANOO services to their employees/ insured persons, eTherapists GmbH also offers anonymous evaluations of the health status of their employees / insured persons. The evaluation uses the activation codes that the company (employer or insurer or health insurer) purchased through eTherapists GmbH. The evaluation does not include any users who are not employees / insured by the respective company or insurer / health insurer and does not allow any conclusions to be drawn about the employed or insured person(s).2.9 The HUMANOO app is available for download free of charge on several app stores. The HUMANOO app is a software that facilitates accessing HUMANOO services on a mobile device and that improves the appearance of HUMANOO services on mobile devices. However, the HUMANOO app is not a prerequisite for the use of HUMANOO services.
3. Health notice
Please read the following points very carefully as they are very important for your health. Here you will find out what you should do before and during use of HUMANOO services with regard to your health.3.1 HUMANOO services do not constitute a medical consultation or examination and do not replace a doctor’s visit. The aim of HUMANOO is to make employees more aware of their health and to motivate them to lead a more balanced lifestyle.3.2 eTherapists GmbH strongly advises users with pre-existing conditions or those who are pregnant to consult their doctor before using HUMANOO. 3.3 If the user experiences any health problems during the use of a HUMANOO service, or if the user should feel a sudden pain when performing the exercises in HUMANOO, they should stop using HUMANOO and consult a doctor immediately.3.4 To allow for individualised coaching for users, HUMANOO services include how to optimally carry out the ‘movement’, ‘mindfulness’, ‘nutrition’ and ‘activity’ health tests. The classification of the current status in the corresponding areas is carried out by our health experts.3.5 Any allergies and food intolerances should be discussed with a doctor before using HUMANOO services, especially when choosing ingredients for HUMANOO recipes.
4. Registration and conclusion of contract
In this section we explain how you register for HUMANOO and when your contract with us and these terms come into effect.4.1 In order to use HUMANOO you need to register and create an account. A user is allowed only one account, and said account cannot be made accessible to third parties. A user account is also not transferrable.4.2 The user can register over the HUMANOO app (iOS and Android) or over the web app. The user can create a username and password of their choice during the anonymous registration process. The user also has to answer three security questions to reset their password, in the event that they lose or forget their login data.4.3 The user should not register with their actual name, but with a pseudonym. This is important to maintain HUMANOO’s high level of data protection.4.4 The user is required to familiarise themselves with and accept these terms during registration. As soon as the user has accepted these terms then these become part of the relationship between the user and eTherapists GmbH, and upon completing registration the contract between the user and eTherapists GmbH, concerning the use of the HUMANOO services, is closed.4.5 Users can also register with their login data from Facebook, Google or their own email address.
5. Purchase of activation codes
6. Right of cancellation
This section includes important details on your right of cancellation in the case of HUMANOO services that need to be paid for.6.1 If the user has purchased an activation code or a HUMANOO box then they have a right of cancellation.6.2 The following cancellation policy is designed for the purchase of the activation code without the HUMANOO box. If the user has purchased a HUMANOO box then there is a different withdrawal period for the right of cancellation that the user must inform himself of when ordering and receiving the HUMANOO box.Cancellation policy
Right of cancellationYou have the right to cancel this contract, without reason, within fourteen days. This withdrawal period is fourteen days from the date of the conclusion of the contract. In order to use your right of cancellation you need to inform us of your decision to withdraw from the contract in written form (a letter, fax or email) addressed to the following address eTherapists GmbH, Lobeckstraße 36-40, c/o Techspace Kreuzberg,
10969 Berlin, Germany, Email: firstname.lastname@example.org. You can use the attached template for this, but it is not mandatory.In order to comply with the revocation period, it is sufficient that you send the notification of contract termination before the expiry of the revocation period.Consequences of the cancellationIf you cancel the contract, all payments received from you, including the delivery costs (with the exception of additional costs incurred by you choosing a different delivery option from the standard one offered by us) will be immediately refunded, and you will receive your money back within 14 days at the most. For this refund we use the same payment method as selected by you for the transaction, unless there is an expressly stated different arrangement. In no case will any costs be charged because of the refund. The deadline will be met if you dispatch the goods before the expiry of the fourteen-day deadline.Template for cancellation form(If you want to cancel the contract please fill out this form and send it back to us)– To eTherapists GmbH, Lobeckstraße 36-40, c/o Techspace,
10969 Berlin, Germany, Email: email@example.com– I/we (*) hereby would like to withdraw from the contract made by me/us (*) for the purchase of the following goods (*) / the following services (*)– Ordered on the (*)/received on the (*)– Name of the consumer– Address of the consumer– Signature of the consumer (only if letter)– Date (*) strike through anything that is incorrect.
7. License and intellectual property
In this section we explain how you are allowed to use the HUMANOO app and HUMANOO services and what rights you have regarding the HUMANOO app and HUMANOO services.7.1 License for the HUMANOO app (software)7.1.1 With the user’s acceptance of these terms eTherapists GmbH guarantees the user’s unlimited non-exclusive right to use the HUMANOO app and HUMANOO’s services for private, non-commercial purposes within the framework of these terms.7.1.2 The user does not have the right to give out sublicenses or to make the HUMANOO app available to third parties nor to disseminate the HUMANOO app or make it publicly available.7.1.3 The user is not allowed to edit or decompile the HUMANOO app unless this is expressly legally permitted. The right of reproduction is limited to the user installing the HUMANOO app on his own mobile devices in order to fulfil these terms and the purpose of the app, limited to the reproduction necessary for the loading, display, running, transferring and saving of the HUMANOO app and limited to the user’s right to create a backup of the HUMANOO app. The user is not allowed to regress the HUMANOO app, to take it apart or to try to get access to the source code of the app.7.1.4 The licensing terms for the HUMANOO app stipulated in clause 7.1 also apply to any upgrades or improvements that eTherapists GmbH offers the user and that replace or amend the HUMANOO app unless the upgrades or improvements are subject to a different license.7.2 License for HUMANOO services (Software as a Service and other digital content)7.2.1 With the user’s acceptance of these terms eTherapists GmbH grants the user the unlimited, non-exclusive and non-transferrable right to use HUMANOO services and its digital content for private, non-commercial purposes within the framework of these terms. This right is restricted to the validity period of the HUMANOO ID. The validity is dependent on the chosen time period (see section 2.6). In the event of acquisition by the employer (Section 5.3.2) or insurer/health insurance fund (Section 5.3.3), the validity of the HUMANOO ID shall commence at the time at which the employer or insurer requested the activation of the HUMANOO ID, but at the latest when the HUMANOO ID is handed over to the employee or insured person.7.2.2 HUMANOO services and digital content also contain copyrighted work of third parties (such as recipes, photographs or videos). eTherapists GmbH is authorised to make this content available to the user within the context of HUMANOO services and these terms. If there is no separate express agreement between the user and the third party then the licensing terms of 7.2 also apply to HUMANOO services and digital content that were produced by third parties.7.2.3 Users cannot grant sublicenses or give access to HUMANOO or any digital content to third parties. Users also cannot distribute or make HUMANOO or any digital content publicly available.7.3 HUMANOO and eTherapists are both registered brands.
8. Data privacy
This section outlines where you can find our data protection policy, and how you can make the most of HUMANOO services.
8.1 eTherapists GmbH collects, processes and uses the personal data of the user in the context of HUMANOO services and the HUMANOO app as well as to finalise orders.
8.2 The user should not use their real name when they register for an account. This is important to maintain HUMANOO’s high level of data protection.
9. Duties of the user
In this section we would like to remind you of certain obligations that you need to respect when using HUMANOO’s services:
9.1 Coaching and recommendations given by HUMANOO must be carried out by the user according to the instructions given. This applies particularly to the exercises and recipes, and the ‘training’, ‘challenges’, ‘release tension’ and ‘nutrition’ functions.
9.2 If the user does not understand the coaching or recommendations, the user must contact eTherapists GmbH to clarify any misunderstandings. This is free of charge for the user. The contact details are listed in clause 1.3. For questions regarding training, the ‘contact health experts’ function can be selected.
9.3 eTherapists GmbH would like to draw the user’s attention once again to the health notice of clause 3. Disregarding this advice can result in injury and put your health at risk. This applies especially to users with pre-existing conditions or who are pregnant or who suffer from food intolerances or allergies.
9.4 The user must inform eTherapists GmbH without delay if they suspect that third parties have unauthorised access to their user account. The same applies if the user receives information that the rights of eTherapists GmbH are being violated by third parties.
9.5 Should the rights of eTherapists GmbH be violated by third parties or should an unauthorised access to the user account be reported then the user can contribute by defending these rights or helping to clear up an unauthorised access. This is how the user is to support eTherapists in the defence of their rights. This includes the provision of relevant information and documents.
9.6 eTherapists GmbH strongly advises the user to secure the data that is on their mobile device or computer in order to minimise the damage of possible data loss.
9.7 If the user is not of age or needs to be represented by a third party in business matters for other reasons the user has to receive the prior consent of the representative before using HUMANOO services and the HUMANOO app or before the purchase of an activation code.
9.8 Sample consent form for the use of HUMANOO by minors
Mr/Mrs First Name and Surname
Expresses here his/her explicit consent, that his/her child
Child’s First Name and SurnameAnschrift
Date of Birth
May use the online services and online content of eTherapists GmbH, und the brand name HUMANOO, (if applicable, at the expense of the employer or the insurer/health insurance fund). This includes the use of the HUMANOO App.
The signatory has read and understood the-data protection policy from eTherapists GmbH, accessible with the following link: https://www.humanoo.com/datenschutz/ -the general terms and conditions and license agreement of HUMANOO, accessible with the following link: https://www.humanoo.com/en/terms-and-conditions/
The signatory is aware, that he/she can withdraw this consent without consequence at HUMANOO (firstname.lastname@example.org) at any time. He/she is also aware, that HUMANOO reserves the right to refuse or withdraw releases and/or certain functions of the respective app at any time if HUMANOO considers the releases/functions to be unsuitable for the User.
10. Defects, availability and guarantee
This section explains the nature of HUMANOO services, the HUMANOO box and the HUMANOO app and which rights you have should they not live up to the quality agreed upon.
10.1 HUMANOO services, the HUMANOO box and the HUMANOO app correspond to the product descriptions on the HUMANOO website or in the app stores where the HUMANOO app is available. These product descriptions give general information on the nature of HUMANOO services, the HUMANOO box and the HUMANOO app and are in no way a guarantee.
10.2 eTherapists GmbH does not give any guarantees as a general rule, unless expressly termed as such in written form.
10.3 The liability for defects has to meet the requirements of the current legal regulations.
10.4 In the case of updates, upgrades or new versions, claims for defects are limited to the improvements of the updates, upgrades or new versions as compared to the previous version.
10.5 eTherapists GmbH does not guarantee that HUMANOO services actually improve the health and wellbeing of users. eTherapists GmbH does not guarantee any concrete success.
10.6 Some HUMANOO services, for example the health coaching or nutritional tips are based on ongoing scientific findings. eTherapists GmbH does not guarantee that HUMANOO corresponds to the latest research results.
10.7 HUMANOO services are saved by a central server provider. eTherapists GmbH guarantees that HUMANOO will be available approximately 98% of the year.
This section explains which defects we assume liability for and to what extent.
11.1 The following disclaimers of clause 11 do not apply to damage to life, limb or health or to liability according to a product liability law or a guarantee. The following disclaimers also do not apply if eTherapists GmbH or employees, legal representatives or agents of eTherapists GmbH have deliberately or negligently caused any damage.
11.2 In the case of purchasable HUMANOO services and in the case of damages linked to the HUMANOO box, eTherapists GmbH will be liable for the violation of an important contractual duty through slight negligence to the extent of the foreseeable damage. An important contractual duty constitutes a duty that is necessary for the fulfilment of the purpose of the contract and that the user can rely on being fulfilled.
11.3 In the case of indirect and direct damage through the loss of the user’s data, the liability of eTherapists GmbH is limited to the incurring costs, as if the data had been secured in a proper manner.
11.4 eTherapists GmbH does not assume liability for anything else.
11.5 The regulations mentioned above on liability in clause 11 also apply to the employees, legal representatives or agents of eTherapists GmbH.
11.6 eTherapists GmbH is not liable for external links or the digital content of third parties, provided that eTherapists GmbH has not taken ownership of them. eTherapists GmbH checks the content of each external link when they are set, but outside information is not continually monitored. As soon as eTherapists GmbH receives knowledge of illegal content or activities in external links eTherapists GmbH will remove the link in question immediately.
This section explains how you can terminate the contract and what happens to your data on termination, should you choose not to use HUMANOO services any longer. You will also find out when we have the right to terminate the contract with you.
12.1 These terms and the contract between the user and eTherapists GmbH are valid indefinitely, so long as the contract between the user and eTherapists GmbH is not terminated by the user or eTherapists GmbH.
12.2 The user has the right to terminate the contract with eTherapists GmbH in written, form addressed to eTherapists GmbH. However, reimbursement of the fees for the HUMANOO ID will only take place if the reason for the termination is a breach of duty by eTherapists GmbH towards its user and the HUMANOO ID was acquired by the user and not by a contractual partner (see clause 5.3.2, 5.3.3). The written termination letter or email should contain the user’s HUMANOO ID.
12.3 eTherapists GmbH has the right to terminate the contract with the user if the user repeatedly violates the regulations of these terms and does not stop violating them despite requests from eTherapists GmbH. eTherapists GmbH also has the right to terminate the contract with the user if the user has purchased HUMANOO ID and is behind schedule with his payments.
12.4 If the user has received his or her HUMANOO ID from his employer, insurer or health insurer, as described in clause 5.3.2 and 5.3.3 of these terms, and if the contract between the user’s employer, insurer or health insurer and eTherapists GmbH is terminated, then eTherapists GmbH has the right to terminate the user’s contract as well. However, the user has the possibility to purchase a HUMANOO ID from eTherapists GmbH for a fee.
12.5 If not otherwise legally required, the user’s data will be deleted permanently if the user so wishes.
12.6 The regulations relating to the legal right of cancellation (clause 6) apply irrespective of the regulations of termination.
13. Other regulations
This section includes more regulations that are important for the contract between you and us.
13.1 Changes to these terms by eTherapists GmbH have to be announced to the user before they come into effect. The announcement has to be at least three (3) weeks before the planned change in the form of a clear notification in the HUMANOO app and website. If the user does not expressly agree to the changed terms then eTherapists GmbH has the right to terminate the contract with the user. Any costs arising from the options that need to be paid for will be partially refunded. The latter does not apply if the user received his activation code through his employer, as described in clause 5.3.2.
13.2 If the user does not object to changes that are merely editorial amendments or rectifying loopholes in these terms within two (2) weeks after the announcement of the changes in HUMANOO and keeps using HUMANOO, then such changes are considered as accepted by the user. eTherapists GmbH will inform the user of his right to object in the respective announcements.
13.3 Changes to these terms need to be delivered in written form. This also applies to changes to this clause 13.3.
13.4 The applicable law and place of jurisdiction of these terms are in accordance with the legal requirements. UN sales law (CISG) is not applicable.
13.5 In the case that employers use HUMANOO services or the HUMANOO app or disputes over these terms arise with the employer German law with the exclusion of UN sales law is effective. The place of jurisdiction for disputes with employers is Berlin.
13.6 According to current law, we are obliged to inform the user as a consumer as defined by § 13 BGB (German Civil Code) of the existence of the European online dispute resolution platform (also known as OS platform), which can be used to settle disputes without having to involve a court of law. The European Commission is responsible for setting up the OS platform. The OS platform can be accessed here: https://ec.europa.eu/odr . eTherapists GmbH points out that it is neither willing nor obliged to participate in dispute settlement proceedings before a consumer arbitration board.
13.7 The language of these regulations and the contract between the user and eTherapists GmbH is German. If these regulations are translated into other languages, the German version remains authoritative in the case of appeals.
13.8 These regulations annul any previous agreements on HUMANOO or the HUMANOO app between the employer and eTherapists GmbH. If there are special conditions for certain HUMANOO products or any other products of eTherapists GmbH then these special conditions override these regulations.
13.9 Should individual regulations of these terms become void, this does not affect the validity of the rest of the terms. The void regulation will be replaced by a regulation that is in accordance with the legal terms. The same goes for potential loopholes in these terms.
14. Downloading and saving these terms
This final section tells you where you can find these terms.
eTherapists GmbH will make these terms available permanently for the user in HUMANOO and on the website under www.humanoo.com/terms (contract text record). However, eTherapists GmbH recommends that the user save and keep a version of these terms on their own database.
Please note that the data protection policy has been translated and in the case of disputes, the original German version will overrule the translated version.