General terms and conditions and license agreement for Humanoo Users
02.03.2023
eTherapists GmbH
Lobeckstr. 36-40
10969 Berlin, Germany
email: support@humanoo.com
tel: +49 (0) 30 120 88 55 0
The following terms of use and license agreement (hereinafter referred to as “Terms”) govern the use of Humanoo offerings and the Humanoo app, as well as the contractual relationship between you (hereinafter also referred to as “User”) and us (hereinafter also referred to as “eTherapists GmbH”).
At the beginning of each section, we have summarized for you what is regulated in the section. This summary is for the sake of clarity and does not contain any legally relevant explanatory content.
Note on usage restrictions
If the user wants to use Humanoo offerings on a mobile device (iOS & Android) with the mobile software of eTherapists GmbH (hereinafter also referred to as “Humanoo app”), eTherapists GmbH points out that the Humanoo app is currently not compatible with all mobile device operating systems. To use the app, a smartphone with an appropriate operating system necessary for using the app and an internet connection is required. The app is not compatible with all smartphone operating systems, so use of the app is not possible with a non-compatible operating system. Offline participation is excluded.
The following minimum requirements currently apply to the use of the Humanoo app:
To provide the service to the user in the contractually promised quality, HUMANOO only supports the versions of their respective operating systems officially supported by Apple and Google. This specifically excludes operating systems of smartphones that have been modified by end-users (especially jailbreaks, custom ROMs or comparable modifications of the operating system by the end user).
eTherapists does not support operating system versions or devices that are no longer officially supported by the manufacturers (EOL). In addition, eTherapists reserves the right to make future restrictions on supported operating system versions to ensure stability, security, and functionality of the Humanoo app.
Notes on costs for data transmissions
Costs for the transmission of data of the Humanoo offerings and the Humanoo app between the user’s computer or mobile device and eTherapists GmbH servers may be incurred through the use of internet providers. These costs are charged by the internet provider. Users can inquire about the specific costs of data transmissions with their internet provider.
1. Scope of Application
In this section, we determine who can use the Humanoo offerings and Humanoo app, who we are, how to reach us, and under what circumstances different conditions may apply.
1.1 The Humanoo offerings and Humanoo app may only be used by natural persons (consumers) whose use of the offerings cannot be attributed to their commercial or self-employed professional activity. If users are not of legal age or need to be represented by a third party for other reasons in business matters, the use of the Humanoo offerings and Humanoo app is only permitted if the prior consent (agreement) of the authorized representative has been obtained.
1.2 Use of the Humanoo offerings and Humanoo app by entrepreneurs is excluded. Exceptions can only apply through an explicit, written agreement.
1.3 The provider of the Humanoo offerings and Humanoo app is:
eTherapists GmbH,
Lobeckstr. 36-40, 10969 Berlin, Germany, HRB 174399 B (Charlottenburg District Court), VAT ID: 304876459, sole managing director: Carl-Philip Pogoretschnik.
Contact options
Email: support@humanoo.com
Phone: +49 (0) 30 120 88 55 0
The eTherapists GmbH will also be the user’s contracting party and can be contacted for questions about these provisions or Humanoo offerings or the Humanoo app.
1.4 These provisions apply to all Humanoo offerings offered under www.humanoo.de, www.humanoo.com, www.humanoo.fr, the sub-domains of Humanoo.de or Humanoo.com, humanoo.fr and the Humanoo app.
1.5 The eTherapists GmbH is neither the operator of mobile devices nor of platforms on which apps are offered and distributed (“app stores”). Therefore, these provisions do not apply to the relationship between the user and the operator of such app stores or the operator of the user’s mobile device. In these cases, separate provisions of the respective operators apply, which the user should observe.
2. Humanoo offerings
Here we explain what the Humanoo offerings include and what types of offerings are available.
2.1 The Humanoo offerings include various functions (such as coaching, recipes, or activity tracking) that allow the user to assess their individual physical and mental health and improve their performance. The goal of the Humanoo offerings is to raise awareness about health topics and incentivize users to take a more active role in their own health.
2.2 The digital content of the Humanoo offerings is provided to the user as “Software as a Service” via the Humanoo app or the Humanoo offerings website. Digital content includes, for example, videos with exercises, recipe suggestions with pictures and cooking instructions, or other written or visual recommendations. With “Software as a Service,” the customer can use the software and necessary IT infrastructure of the “Software as a Service” provider, and the software is not transferred to the customer.
2.3 Food, training equipment, and other objects used by eTherapists GmbH in coaching or recommendations in the Humanoo offerings are not part of the Humanoo offerings and may need to be purchased separately.
2.4 The Humanoo offerings include functions such as “relaxation / tension release,” “training,” “challenges,” and “nutrition.”
The “relaxation / tension release” function allows the user to select body regions and receive recommendations. The user is then offered exercises (in the form of videos with physical exercises) that can improve their well-being. This also includes a collection of yoga coaching sessions.
In the “coach” section, the user receives a selection of programs to track individually set health goals (such as “exercise,” “mindfulness,” and “nutrition”).
The “activity” function allows the user to set personal goals in selected categories (such as “steps per day”). In this context, the user can transfer data from Google Fit, the Apple Health app, or other activity tracking providers. In the event that you use the services of a cooperating third-party provider for tracking (such as Google Fit, Apple Health app, or other providers), personal data regarding registration and usage will be exchanged. You can find more detailed information during the initial application process and in our privacy policy.
In the “nutrition” section, the user receives recipes as well as the option to receive individual recipe suggestions.
2.5 The app allows users to collect points (called “diamonds”) for health-conscious behaviour in the form of activities and tasks predefined in the app, or goals chosen by the user within the activities and tasks allowed by the app (individually or collectively, “activities”). Descriptions of the activities can be found in the app. Users can link their health apps or fitness trackers, which are allowed by the app, to this program. Participation in the Diamonds Program is free. All properly registered users are eligible to participate.
2.6 The user has the option to collect diamonds for the activities allowed and approved by the app, as well as for user-chosen activities that are approved by the app. The conditions and evidence required to fulfil these activities are listed in the app’s activity descriptions and depend on the specific activities. The selection of activities, the number of diamonds, the conditions, and the choice of evidence are solely at the discretion of eTherapists GmbH and may be changed at any time without giving reasons.
2.7 Any prize draws associated with activities may have their own rules, which are stated in the description of the respective activity. The number of diamonds and their converted value in the respective national currency is determined by eTherapists GmbH at its sole 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 app’s predefined activities or user-chosen and approved activities, as well as full compliance with the conditions of the activities and provision of evidence (as explained in the app), the user will be credited with the number of diamonds determined by eTherapists GmbH in their user account. The number of collectible diamonds and their converted value in the respective national currency is limited per calendar year.
2.9 The user can choose to receive the collected diamonds as a cash payment (bank transfer) or as a voucher in the HUMANOO Reward Shop 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 payment of diamonds for users. eTherapists GmbH may refuse to pay out diamonds to users at its sole discretion and without giving reasons, either in whole or in part. The chosen form of payment cannot be changed afterwards.
2.10 eTherapists GmbH is entitled to make corrections regarding diamonds (deduction or deletion of diamonds) at any time if errors have occurred and diamonds have been credited to a user improperly. This may be the case, for example, if it is discovered during a later review 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, and after that time they will automatically and irrevocably expire without compensation. eTherapists GmbH may extend or shorten the period without giving reasons. In the event of the license being terminated (by the user, employer, or insurer) or the user’s account being deleted, any collected diamonds up to that point will also expire automatically and irrevocably without compensation. Collected diamonds are neither transferable nor inheritable.
2.12 Depending on the activity, the user has the following options for providing proof:
Other forms of proof are reserved and the user will be informed about them in the app if necessary.
The verification of photo proof submitted via photo upload is only done manually by authorized eTherapists employees. It is solely at the discretion of eTherapists whether the user has provided proof of successfully completing an activity in individual cases. The decision of eTherapists is made without giving reasons. The user must submit their proof to eTherapists no later than the end of the activity. The proof must be provided in the formats and specifications provided in the app. Submitting photos and documents by other means is not permitted.
2.13 The Humanoo offers are subject to a fee and can only be used with a Humanoo ID after purchase. Depending on the selected duration, a Humanoo ID is valid for:
Humanoo IDs can be purchased by companies, insurers, or health insurance companies (hereinafter also referred to as “contractual partners”):
Unless contractually agreed otherwise, twelve (12) months/twenty-four (24) months or thirty-six (36) months with automatic contractual extension.
The user cannot purchase single licenses themselves.
2.14 For contractual partners such as companies (employers) or insurers/health insurance companies that provide their employees/insured persons with Humanoo offers, eTherapists GmbH also offers to create anonymous evaluations of the health status of their employees/insured persons. An evaluation is carried out based on the Humanoo IDs that the respective contractual partner (employer or insurer/health insurance company) has purchased from eTherapists GmbH. The evaluation does not include users who are not employees/insured persons of the respective company or insurer/health insurance company and does not allow any conclusions to be drawn about the identity of the employee or insured person.
2.15 The Humanoo app is offered to the user free of charge for download via the Apple App Store and Google Play. The Humanoo app is a software that facilitates access to the Humanoo offers from a mobile device and improves the display of the Humanoo offers on mobile devices. However, the Humanoo app is not a prerequisite for using the Humanoo offers.
3. Health Information
Please read and consider the following information carefully, as it is very important for your health. Here you will learn what you need to consider for your health before and during the use of Humanoo offerings.
3.1 Humanoo offerings do not constitute medical advice or medical examination and do not replace a visit to a doctor under any circumstances. The aim of the Humanoo offerings is to raise awareness of health topics and motivate users to adopt a more balanced lifestyle.
3.2 The eTherapists GmbH strongly advises users with pre-existing medical conditions or pregnant women to consult a doctor before using Humanoo offerings and to discuss the use with a doctor.
3.3 If the user experiences any discomfort during the use of Humanoo offerings or experiences sudden pain while performing the coachings of Humanoo offerings, eTherapists GmbH recommends that the user stops using Humanoo offerings immediately and consults a doctor immediately.
3.4 In order to enable personalized coaching for the user, the Humanoo offering includes the optional execution of health tests in the areas of “mobility”, “mindfulness”, “nutrition” and “activity”. The classification of the current state in the respective subject areas is done by our health experts.
3.5 The user should clarify any allergies and food intolerances with their doctor before using Humanoo offerings, and should pay particular attention to the ingredients when selecting foods.
3.6 Measures of medical treatment are not part of the Humanoo offering. In particular, the Humanoo offering does not include medical or psychotherapeutic advice or treatment, and does not replace such treatment. In cases of impairment of your (mental) health that requires medical or psychotherapeutic treatment, our offering cannot replace medical treatment, but can only be a useful addition; please discuss this question in advance with your doctor or therapist and follow their recommendation before using the Humanoo offering. Please also note the requirements for using/registering for the offering as per Clause 4.6 below.
3.7 Important note: If you have thoughts or concrete plans to end your own life, the Humanoo offering is not suitable for you. If such thoughts arise during the use of our offering, you must immediately consult a doctor or psychotherapist or contact the crisis hotline (telephone number: 0800 111 0 111), the German Depression Aid (www.deutsche-depressionshilfe.de ), or well-known emergency numbers such as the police (110).
4. Registration and End of Contract
Here we explain how you can register for Humanoo offers and when the contract with us and the inclusion of these provisions is concluded.
4.1 In order to be able to use the Humanoo offers, the registration of a user account is necessary. Each user is only allowed to register one user account and must not make their user account accessible to third parties. The user account is also non-transferable.
4.2 Registration can be done either via the Humanoo app (iOS and Android) or via the web app of the Humanoo offers. Alternatively to registering a user account, users have the option to log in with the access data of the providers “Apple”, “Google” or their own email address.
4.3 During registration, the user is asked to take note of and accept these provisions. Once the user has accepted these provisions, they become part of the relationship between eTherapists GmbH and the user, and the contract between the user and eTherapists GmbH for the use of the Humanoo offers is concluded upon completion of the registration.
4.4 A good general state of health is a basic requirement for using the Humanoo services. Users with pre-existing mental or physical conditions should consult with their doctor or therapist before using the services of Humanoo. Humanoo expressly does not replace psychotherapy and is not suitable for the treatment of diagnosed disorders. If you are currently in therapy, you should consult your doctor or therapist before using Humanoo, who can decide on a case-specific and individual basis whether your participation in Humanoo is advisable.
5. Acquiring of Humanoo IDs
In order to use the Humanoo offerings, a Humanoo ID is required. In this section, we will explain how the Humanoo ID works and how you can acquire it.
5.1 The Humanoo ID is used to activate the Humanoo offerings. The Humanoo ID can be acquired by a company for its employees or an insurer/health insurance provider for its policyholders. The different contract periods can be viewed under section 2.7. The contract period begins from the point of contract conclusion. The Humanoo ID entitles the user to use the fee-based categories of companies, insurers, and health insurance providers within the desired contract period. If the contractual period with a company or an insurer/health insurance provider ends and the contract is not extended, the validity of the Humanoo ID for employees of a company or members of an insurer/health insurance provider will also end.
5.2 If the user terminates the contract with eTherapists before the validity of the Humanoo ID expires, a pro rata reimbursement of fees for the Humanoo ID will only be provided to the user to the extent that the reason for termination is a breach of eTherapists GmbH’s obligation to its user and the Humanoo ID was acquired by the user and not by his/her employer or insurer/health insurance provider (see section 5.3.2).
5.3 There are two ways to acquire the Humanoo ID. These are through the provision by the user’s employer and through the user’s insurer.
5.3.1 Acquisition by the user’s employer
eTherapists GmbH offers companies (employers) the opportunity to purchase a large number of Humanoo IDs and distribute them to their employees free of charge. This is intended to improve workplace wellbeing. The employer may also receive Humanoo from a health insurance provider or an insurer. In this case, the company will also receive anonymized reporting.
Users who are employees of such a company (employer) receive the Humanoo ID directly from their employer; the issuance may also be carried out by an eTherapists GmbH employee. No ordering process or payment by the user is required. This is handled by the respective employer or involved insurer/health insurance provider. The user then receives the Humanoo ID free of charge from his/her respective employer.
5.3.2 Acquisition by the user’s insurer/health insurance provider
eTherapists GmbH offers insurers/health insurance providers the opportunity to purchase a large number of Humanoo IDs and distribute them to their policyholders or even prospective insured individuals free of charge. This is intended to sensitize policyholders to health issues. The insurer has the option of receiving anonymized reporting on member health.
Users who are policyholders of such an insurance company/health insurance provider receive the Humanoo ID directly from the insurer/health insurance provider, and the issuance may also be carried out by an eTherapists GmbH employee. No ordering process by the user is required. This is handled by the respective insurer/health insurance provider. The user then receives the Humanoo ID free of charge from the insurer/health insurance provider.
5.4 eTherapists GmbH also offers the opportunity to purchase a Humanoo box. The Humanoo box includes a Humanoo ID card on which the activation code for the fee-based Humanoo offerings is recorded, as well as information material. The same conditions apply for the acquisition of the Humanoo box as for the acquisition of the Humanoo IDs.
6. Right of Withdrawal
Here we provide you with important information about your legal right of withdrawal, which applies to fee-based Humanoo offers
6.1 If the user has purchased a Humanoo ID or a Humanoo Box for a fee, the user is entitled to a right of withdrawal.
6.2 The following withdrawal policy is intended for the fee-based purchase of the Humanoo ID without the Humanoo Box.
If the user has purchased a Humanoo Box, a different starting point for the right of withdrawal applies, about which the user will be informed separately during the order process and upon receipt of the HUMANO Box.
Right of Withdrawal
You have the right to withdraw your consent within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us, eTherapists GmbH, Lobeckstr. 36-40, 10969 Berlin, Germany, email: support@humanoo.com, by means of a clear statement (e.g. a letter sent by post or email) of your decision to withdraw from this contract. You may use the attached model withdrawal form, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Consequences of Withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than fourteen days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
You shall send back or hand over the goods to us without undue delay and in any event not later than fourteen days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of fourteen days has expired.
++ Template Withdrawal Form ++
Template Withdrawal Form
(If you want to withdraw from the contract, please fill out this form and send it back to us.)
(*) Delete as appropriate.
6.3 The aforementioned right of withdrawal for the User shall expire if eTherapists GmbH has commenced performance of the contract after the User has expressly consented to the execution of the contract before the end of the withdrawal period and has confirmed that he will lose his right of withdrawal by giving his consent to the start of the execution of the contract. eTherapists GmbH will draw the User’s attention to this fact separately when entering the Humanoo ID.
7. License and Intellectual Property
In this section, you will learn how to use the Humanoo app and Humanoo offers, and what rights you have to the Humanoo offers and the Humanoo app.
7.1 License for the Humanoo App (Software)
7.1.1 By accepting these terms, eTherapists GmbH grants the User the simple, temporally and spatially unrestricted license to use the Humanoo app for private, non-commercial purposes in accordance with these terms and for the Humanoo offers.
7.1.2 The User is not authorized to grant sublicenses or make the Humanoo app available to third parties, nor to distribute or make the Humanoo app publicly accessible.
7.1.3 The User may not modify or decompile the Humanoo app unless this is legally permitted. The right to reproduce is limited to the installation of the Humanoo app on end devices directly owned by the User for the purpose of fulfilling these terms and the purpose of use, and to a reproduction that is necessary for loading, displaying, running, transmitting and storing the Humanoo app, as well as to the right to create a backup copy of the Humanoo app. The User may not reverse engineer, disassemble or attempt to gain access to the source code of the app.
7.1.4 The license provisions for the Humanoo app in section 7.1 above also apply to all upgrades or improvements provided by eTherapists to the User that replace or supplement the Humanoo app, unless the upgrades or improvements are subject to a separate license.
7.2 License for the Humanoo Offers (Software as a Service and Other Digital Content)
7.2.1 By accepting these terms, eTherapists GmbH grants the User a non-transferable, simple, spatially unrestricted right to use the Humanoo offers or digital content for private, non-commercial purposes in accordance with these terms. The right is limited in time to the validity of the Humanoo ID. The validity depends on the chosen term (see section 2.4). In the case of purchase by the employer (section 5.3.1) or insurer/health insurance company (section 5.3.2), the validity of the Humanoo ID begins at the time the employer or insurer requested activation of the Humanoo ID, but no later than the handover of the Humanoo ID to the employee or insured person.
7.2.2 The user is not authorized to grant sub-licenses or provide Humanoo offerings or digital content to third parties, as well as distribute or make the Humanoo offerings or digital content publicly accessible.
7.2.3 The Humanoo offerings or digital content partly contain copyrighted works of third parties (such as cooking recipes, photographs, or videos). eTherapists GmbH is authorized to provide these works to the user within the scope of the Humanoo offerings and these provisions. Unless an explicit, deviating agreement has been made between the user and the third party, these licensing provisions of section 7.2 also apply to such Humanoo offerings or digital content created by third parties.
7.3 Humanoo and eTherapists are registered trademarks.
8. Data protection
Here you will find out where to find our privacy policy and how to use the Humanoo offers in the most data protection-friendly way.
8.1 eTherapists GmbH collects, processes and uses personal data of the user in the context of the Humanoo offers and the Humanoo app, as well as for the processing of orders.
The exact scope and specific information on the handling of personal data can be found in the privacy policy of eTherapists GmbH, which is provided to the user before completing the registration of their user account and/or the paid purchase of a Humanoo ID or the Humanoo Box, and which can be accessed at any time on the website of the Humanoo offers at https://www.humanoo.com/en/data-security/ and in the Humanoo app under “Settings”.
8.2 If the user is asked for a nickname in the context of personalization, the actual name should not be used. This is the only way to implement the data protection-friendly implementation of the Humanoo offers.
9. User’s obligations
At this point, we would like to draw your attention to some obligations that you must observe when using the Humanoo offerings.
9.1 The user must implement the coachings and instructions in the Humanoo offerings according to the instructions. This applies in particular to the body exercises and recipe instructions in the “Coach,” “Activity,” “Relaxation/Tension Relief,” and “Nutrition” functions.
9.2 If the user does not clearly understand the coachings or instructions, the user must contact eTherapists GmbH to eliminate any ambiguities before executing the coaching or instruction. This contact is free of charge for the user and can be made using the contact options specified in section 1.3. In addition, the “Contact Health Experts” function can be used to ask questions about the coachings or instructions.
9.3 The user is explicitly reminded to observe the health instructions in section 3 of these provisions. Failure to observe the health instructions can lead to injury and health risks. This applies in particular to users with pre-existing conditions, pregnant women, or users with food intolerances or allergies.
9.4 The user must inform eTherapists GmbH without undue delay if the user suspects that third parties have gained unauthorized access to the user’s account. The same applies if the user becomes aware that eTherapists GmbH’s rights have been violated by third parties.
9.5 If eTherapists GmbH’s rights are infringed by third parties or unauthorized access to the user’s account has occurred, and the user can contribute to the defense of these rights or the clarification of unauthorized access, the user should support eTherapists GmbH in defending their rights. This support pertains in particular to the provision of relevant information and documents.
9.6 eTherapists GmbH strongly advises the user to regularly back up their data that is stored on their mobile device or computer to minimize the damage from possible data loss.
9.7 To use the Humanoo offerings and Humanoo app, you must be at least 16 years old. If you are at least 16 years old but have not yet reached the age of 18, you may only use the Humanoo offerings and Humanoo app with the consent of your parents or legal guardians.
9.8 Template consent for the use of Humanoo by minors
Mr./Ms. First and Last Name
Resident at Address
hereby declares his/her explicit consent that his/her child
First and Last Name
Address
Date of Birth
may use the online offerings and content of eTherapists GmbH under the brand Humanoo (possibly subject to charges if not covered by the employer or insurer/health insurance). This also includes the use of the Humanoo app.
The declarant has taken note of the
and agrees with them.
The declarant is aware that he/she can revoke this declaration of consent at any time without adverse consequences at Humanoo (support@humanoo.com). He/she is also aware that eTherapists GmbH reserves the right to refuse or withdraw activations and/or certain functions of the respective app at any time if Humanoo deems the activations/functions unsuitable for the user.
__________________
Signature
9.9 The user is not allowed to (not an exhaustive list) while using the app:
The operator reserves the right to judge whether the user has violated any obligation.
10. Liability for Defects, Availability and Guarantee
Here you can find out about the quality of our Humanoo offerings, the Humanoo Box, and the Humanoo app, as well as your rights in case the agreed-upon quality is not met.
10.1 The Humanoo offerings, Humanoo Box, and Humanoo app generally correspond to the product descriptions on the Humanoo website or in the app stores where the Humanoo app is available. These product descriptions are only general information about the features of the Humanoo offerings, Humanoo Box, or Humanoo app and do not represent guaranteed characteristics.
10.2 eTherapists GmbH generally does not provide any guarantees unless they are explicitly designated as such in writing.
10.3 eTherapists GmbH is liable for material defects according to the applicable legal regulations, in particular §§ 434 ff. BGB.
10.4 In the case of updates, upgrades, or new versions, defect claims are limited to the innovations of the updates, upgrades, or new version delivery in comparison to the previous version.
10.5 eTherapists GmbH does not guarantee that the use of the Humanoo offerings will actually result in an improvement in well-being or health status. In particular, no specific success is promised.
10.6 Some Humanoo offerings, such as health coaching or nutrition tips, are subject to ongoing scientific knowledge. eTherapists GmbH does not guarantee that the Humanoo offerings correspond to the latest research findings and knowledge.
10.7 The Humanoo offerings are stored on a central server provider. eTherapists GmbH guarantees an availability of the Humanoo offerings of 98%.
11. Liability
Here we explain which damages we are liable for and to what extent.
11.1 The liability limitations of this section 11 do not apply in case of injury to life, body or health, as well as for liability under the Product Liability Act (Produkthaftungsgesetz) or to the extent that eTherapists GmbH has fraudulently concealed a defect or assumed a guarantee for the quality of the product. In addition, the liability limitations of this section 11 do not apply if eTherapists GmbH or its employees, legal representatives, or agents have caused damages with gross negligence or intent.
11.2 In the context of paid Humanoo offers and in the event of damages related to the Humanoo Box, eTherapists GmbH is liable for a breach of a material contractual obligation (so-called cardinal obligation) due to slight negligence only up to the amount of the typical foreseeable damage. A material contractual obligation exists if the obligation is necessary for the fulfilment of the contractual purposes and the user can rely on the fulfilment of this obligation.
11.3 eTherapists GmbH is liable for direct and indirect damages resulting from the loss of user data only up to the amount that would have arisen with proper and regular data backup.
11.4 In all other respects, liability of eTherapists GmbH is excluded.
11.5 The above provisions on liability of this section 11 also apply to employees, legal representatives or agents of eTherapists GmbH.
11.6 eTherapists GmbH is not liable for external links and digital content from third parties to the extent that eTherapists GmbH does not adopt such content as its own. eTherapists GmbH has checked the content of external links when setting them. However, ongoing monitoring of third-party information is not carried out. As soon as eTherapists GmbH becomes aware of illegal content or activities in external links, eTherapists GmbH will immediately remove the respective link that refers to such content.
12. Termination
If you no longer wish to use Humanoo’s offerings, here’s how you can terminate your subscription and what happens to your data upon termination. You’ll also learn when we can terminate the contract with you.
12.1 These provisions and the contract between the user and eTherapists GmbH apply indefinitely, unless the contractual relationship between the user and eTherapists GmbH is terminated by the user or eTherapists GmbH.
12.2 The user has the right to terminate the contractual relationship with eTherapists GmbH at any time by notifying them in writing. However, a refund of the fees for the Humanoo ID will only be given if the reason for termination is a breach of duty by eTherapists GmbH towards the user, and the Humanoo ID was purchased by the user and not by a contracting partner (see clauses 5.3.2, 5.3.3). The notification of termination should include the user’s username and Humanoo ID.
12.3 eTherapists GmbH has the right to terminate the contractual relationship with the user if the user repeatedly violates the provisions of these terms and does not cease the violation despite a request from eTherapists GmbH. In addition, eTherapists GmbH has the right to terminate the contractual relationship with the user if the user is in arrears with their payment obligations for the acquisition of a Humanoo ID despite a reminder.
12.4 If the user has received their Humanoo ID, as described in clauses 5.3.2 and 5.3.3 of these provisions, from their employer or insurer/health insurance provider, and the contractual relationship between the user’s employer or insurer/health insurance provider and eTherapists GmbH is terminated, eTherapists GmbH has the right to terminate the contract with the user as well and to discontinue the provision of Humanoo’s offerings. However, the user has the option of purchasing a Humanoo ID from eTherapists GmbH for a fee.
12.5 Unless legally required to retain the data, the user’s data will be irretrievably deleted upon request.
12.6 The provisions regarding the statutory right of withdrawal (Clause 6) shall apply without prejudice to the provisions on termination.
12.7 If corporate customers or insurers wish to terminate contracts with Humanoo, they can generally do so with a notice period of 3 months before the end of the license period, unless a different arrangement has been agreed upon contractually.
13. Other regulations
In this section, we have defined various points that are still relevant to the contractual relationship between you and us.
13.1 Changes to these provisions by eTherapists GmbH are only possible after prior notification to the user. The notification will be made at the latest three (3) weeks before the planned change through an explicit reference in the Humanoo offers. If the user does not explicitly agree to the amended provisions, eTherapists GmbH is entitled to terminate the contract with the user. Any fees for paid categories will be reimbursed to the user pro rata. This does not apply if the user has obtained the Humanoo ID through their employer, as described in Section 5.3.2 of these provisions.
13.2 Insofar as the user does not explicitly object to changes that concern only editorial adjustments or the balancing of regulatory gaps in these provisions within two (2) weeks after the announcement of the change in the Humanoo offers and continues to use the Humanoo offers, such changes are deemed accepted by the user. eTherapists GmbH will inform the user separately of this right to object in the respective notification.
13.3 Changes to these provisions require written form. This also applies to changes to this section.
13.4 The applicable law and jurisdiction of these provisions correspond to the legal regulations. UN Convention on Contracts for the International Sale of Goods (CISG) does not apply.
13.5 In the event that entrepreneurs use the Humanoo offers or the HUMAOO app, or there is a dispute about these provisions with entrepreneurs, German law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction for disputes with entrepreneurs is Berlin.
13.6 Under applicable law, we are obliged to inform the user as a consumer according to § 13 BGB of the existence of the European online dispute resolution platform (so-called OS platform), which can be used to settle disputes without the need for a court. The European Commission is responsible for setting up the OS platform. The OS platform can be reached via the following link: https://ec.europa.eu/odr . eTherapists GmbH points out that there is neither a willingness nor an obligation to participate in a dispute resolution procedure before a consumer arbitration board.
13.7 The language of these provisions and the contract between the user and eTherapists GmbH is German. Insofar as copies of these provisions are translated into other languages, the German version of these provisions shall prevail in the event of contradictions.
13.8 These provisions replace any previous agreements regarding the Humanoo offers or the Humanoo app between the user and eTherapists GmbH. Insofar as special conditions apply to Humanoo offers or other products of eTherapists GmbH, such special conditions take precedence over these provisions.
13.9 The invalidity of individual provisions of these provisions does not affect the validity of the remaining provisions. In place of the ineffective provisions, provisions that correspond to the statutory provisions shall apply. The same applies to any regulatory gaps in these provisions.
14. Downloading and saving these terms
In this final section, you will learn where these terms and conditions can be accessed and are stored for you.
eTherapists GmbH provides the User with access to these terms and conditions for retrieval and storage in the Humanoo offers and on their website at https://www.humanoo.com/en/terms-and-conditions/ (contract text storage). However, eTherapists GmbH advises the User to save and store a copy of these terms and conditions on their own data storage device for their own interests.
