10969 Berlin, Germany
tel: +49 (0) 30 120 88 55 0
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. In order to use the app, the user must have an app-compatible device with the operating system required to use the app, as well as a connection to the Internet. The app is not compatible with all mobile device operating systems, so it is not possible to use the app with an incompatible operating system. Offline participation is excluded.
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
HRB 174399 B (Amtsgericht Charlottenburg), Umsatzsteuer-ID: 304876459,
Managing director: Philip Pogoretschnik.
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 The app offers the possibility of collecting points (“diamonds”) for health-conscious behaviour related to the activities and exercises specified in the app or to the goals chosen by the user himself/herself within the framework of the activities and exercises approved in the app (individual or collective “activities”). The descriptions of the Activities are provided in the App. The user can connect health apps or fitness trackers allowed by the app with the app.
2.6 The User has the opportunity to collect Diamonds for the activities specified and/or permitted by the App or activities selected and permitted by the User himself/herself. The applicable conditions and evidence which must be fulfilled or provided are listed in the descriptions of the activities in the App and depend on the respective activities. The choice of activities, the amount of diamonds, the conditions and the choice of evidence are at the sole discretion of eTherapists GmbH and can be changed at any time without giving reasons. Once selected, the form of payment cannot be subsequently changed to another form.
2.7 Any prize competitions associated with activities may have their own additional terms and conditions. These are listed in the description of the respective activity or event.
The amount of the number of diamonds and their converted value in the respective national currency is determined by eTherapists GmbH at its own discretion and on a case-by-case basis for each activity. The number of diamonds and their converted value in the respective national currency may be reduced or deleted by eTherapists GmbH at any time.
2.8 Upon successful completion of the activities specified by the app or selected and permitted by the user himself/herself or upon complete fulfilment of the conditions applicable to the activities and upon the submission of evidence (see explanation in the app), the user will receive the number of diamonds determined by eTherapists GmbH credited to his/her user account. The number of collectable diamonds and their converted value in the respective national currency is limited per calendar year.
2.9 The user has the option of receiving the diamonds collected by him/her either as a monetary payment (bank transfer) or as a voucher in the HUMANOO Reward Shop located in the app. Cash payouts are excluded. The payout of diamonds can only be made to an account specified by the user. There is no entitlement to a payout of diamonds for users. eTherapists GmbH may refuse to pay out diamonds to users in whole or in part at any time at its sole discretion and without stating reasons.
2.10 eTherapists GmbH is entitled at any time to make corrections regarding the diamonds (deduction or deletion of diamonds) if errors have occurred and diamonds have been credited to a user without justification. This may be the case, for example, if a later check reveals that a user has provided false information. The right to make corrections at any time is at the sole discretion of the operator and without giving reasons.
2.11 Diamonds are valid for at least 12 months from the time they are credited to the user’s account, after which they automatically expire without compensation and irrevocably. eTherapists GmbH may extend or shorten the period at any time without stating reasons. In the event of termination of the license (by the user, employer or insurance company) or deletion of the user account, the diamonds collected up to that point shall also expire without compensation and irrevocably. Collected diamonds are neither transferable nor inheritable.
2.12 The following verification options are available to the user depending on the activity:
- Photo upload
- Fitness tracker connection
- Document upload
Other forms of verification remain possible and the user will be informed in the app if necessary.
The verification of photo evidence submitted via photo upload is carried out manually by authorised employees at eTherapists only.
It is at the sole discretion of eTherapists whether the user has provided sufficient evidence for the successful completion of an activity. The decision of the eTherapists is made without giving reasons.
The user must submit his/her evidence to eTherapists by the end of the activity at the latest. The evidence must be submitted using the formats and specifications provided in the app. The submission of photos and documents by other means is not permitted.
2.13 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.
2.14 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).
2.15 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.
3.6 Medical treatments are not part of the services offered by HUMANOO. In particular, HUMANOO services do not constitute medical or psychotherapeutic advice or treatment, and cannot be used in their place. In the event of impairment to your (mental) health requiring medical or psychotherapeutic treatment, our services are not a replacement for treatment and offer only a potentially useful addition to medical treatment; please discuss the issue in advance with your doctor or therapist and follow their advice before making use of HUMANOO services. Please also note the requirements for use of/registration for services as laid out in clause 4.6 below.
3.7 Important note: if you are experiencing suicidal thoughts or have made a plan to take your own life, HUMANOO services are not suitable for you. If such thoughts arise while using our services, you must consult a doctor or psychotherapist immediately, or urgently contact the telephone helpline (telephone number: 0800 111 0 111), the German depression help center (www.deutsche-depressionshilfe.de), or one of Germany’s emergency services such as the police (110).
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.
4.6 Being in general good health is a basic requirement for the use of HUMANOO services. Users with pre-existing medical conditions, either physical or mental, should consult with their doctor or therapist before making use of HUMANOO services. HUMANOO cannot, under any circumstances, be considered a replacement for psychotherapy and is not suitable for the treatment of previously diagnosed disorders. If you are currently in therapy, you should consult with your doctor or therapist before using HUMANOO. Your doctor or therapist is able to make an assessment, based on your specific case, as to whether or not it makes sense for you use HUMANOO services.
5 Purchase of activation codes
You need a HUMANOO ID to access HUMANOO services. This section explains how an activation code works and how you can purchase one.
5.1 The activation code unlocks the HUMANOO categories that you need to pay for. The activation code can be purchased personally by the user, or by the employer for employees. The different terms are listed under clause 2.7. The duration starts from the moment the user receives the HUMANOO services. The activation code allows the user to use the categories that you need to pay for within the chosen term. When the ID is no longer valid, the user can purchase a new HUMANOO ID. If the contractual term ends with a company or an insurance company/health insurer and the contract is not extended, the validity of the HUMANOO ID for employees of a company or members of the insurance company also ends.
5.2 If the user cancels the contract with eTherapists GmbH before the activation code runs out then the user receives only a partial refund of the costs if the reason for cancellation was a violation of obligations on the side of eTherapists GmbH and if the activation code was purchased by the user and not by their employer or insurer-health insurer (5.3.2).
5.3 There are three ways to purchase an activation code, either the employer, insurer or health insurer offers it to their employees, or the user purchases one himself.
5.3.1 Purchase through the user
The user can purchase an HUMANOO ID through the HUMANOO website. The fees for the purchase as well as the duration are expressly marked in the offers. The user first needs to take note of and accept these terms as well as the additional information on supply restrictions and payment methods and the note on their cancellation right in order to receive his activation code. The user then has to finalise his purchase by entering his payment details and clicking on the “order” button. The user then receives an order confirmation sent to the email address entered in his order.
5.3.2 Purchase through the user’s employer
eTherapists GmbH gives companies the opportunity to purchase a large number of HUMANOO IDs and give them to their employees free of charge. This is designed to improve corporate health management and the companies (employers) can receive an anonymous report on the health of their employees. It is also possible for the employer to receive HUMANOO membership from a health insurance company or an insurer. In this case, the company also receives anonymous reporting.
User that are employees of participating companies receive an activation code directly from their employers, or in some cases they are distributed by an employee of eTherapists GmbH. The user does not have to order or pay anything in this case. This is done by the employer, insurer or health insurer. The user receives the HUMANOO ID free of charge from their employer.
Should the user want to use HUMANOO’s services or the services of eTherapists GmbH outside of those supplied to them by their employer then the same rules apply as for the purchase through the user (clause 5.3.1).
5.3.3. Purchase through the user’s insurer/health insurer
eTherapists GmbH offers insurer/health insurers the opportunity to purchase a large quantity of HUMANOO IDs, and distribute these to insured members. This is intended to sensitise the insured to health issues. The insurance company has the option of receiving anonymous reporting on member health.
Users who are insured with such an insurance company/health insurance will receive the HUMANOO ID directly from the insurer/health insurance company. They may also be supplied with one from an employee of eTherapists GmbH. Ordering and payment by the user is not necessary. This is the responsibility of the respective insurer/health insurance company. The user then receives the HUMANOO ID free of charge from the insurer/health insurance company.
5.4 eTherapists GmbH offers the opportunity to purchase a HUMANOO box, which includes a HUMANOO ID card, which contains the activation code for the HUMANOO subject to a charge services, as well as information material. The same conditions apply to purchasing the HUMANOO box as purchasing the activation code. If the user themselves purchases it (clause 5.3.1), however, they will also need to give a delivery address and delivery method.
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.
Right of cancellation
You 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, 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 cancellation
If 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 the cancellation form ++
Template 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, 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)
(*) strike through anything that is incorrect.
6.3 The User’s aforementioned right of revocation expires once eTherapists GmbH has commenced performance of the contract after the User has expressed his consent to eTherapists GmbH commencing performance of the contract prior to the expiry of the revocation period and the User has confirmed his knowledge that he loses his right of revocation upon commencement of performance of the contract. eTherapists GmbH will separately draw the User’s attention to this circumstance when entering the Humanoo ID.
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 Surname
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/en/data-security/
-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 (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.
9.9 When using the App, the User may in particular not (not an exhaustive list):
- create several accounts for the same person;
- violate the law and morality with his or her usage behaviour (e.g. photo upload);
- violate industrial property rights, copyrights or other proprietary rights;
- transmit content containing viruses, so-called Trojan horses or other programming that may damage software;
- enter, store or transmit hyperlinks or content to which he/she is not authorised, in particular if such hyperlinks or content violate confidentiality obligations or are unlawful;
- distribute advertising or unsolicited e-mails (so-called “spam”) or inaccurate warnings of viruses, malfunctions and such like or solicit participation in lotteries, snowball systems, chain letters, pyramid schemes and similar campaigns;
- use the app for commercial purposes;
- manipulate functions and contents of the app as well as recorded data (e.g. manipulation of steps or collected Diamonds etc.);
- bypass, deactivate, decrypt or otherwise circumvent technical measures implemented to protect the app and its content or make unauthorised changes of any kind to the user’s end device, e.g. disabling hardware or software controls (“jailbreaking”).
The assessment of whether the user has violated an obligation is at the discretion of the operator.
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.
12.7 In the event that corporate customers or insurance providers wish to terminate their contract with HUMANOO, they can do so by giving notice 3 months before the end of the license term, unless a different contractual provision has been made.
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.
13.4 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 https://www.humanoo.com/en/terms-and-conditions/ (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.