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Terms & Conditions

The mobile application coobi cope is not a medical device and should not be used to diagnose, treat, cure or prevent any health problem. Seek medical advice if you are concerned about your health. In an emergency, you should contact the emergency services immediately if necessary. You should always check with your doctor or other qualified health care professional regarding medical conditions. You should never disregard qualified medical advice or delay seeing a doctor because of information you have read or heard from the coobi website or the coobi cope application. Stigma Health GmbH is not responsible for any actions or decisions taken by users based on information related to the coobi website or the use of the coobi cope application.

 

1. General Information

 

(1) Stigma Health GmbH (hereinafter referred to as "Stigma Health"), Mariendorfer Damm 1, 12099 Berlin, Germany, operates the website www.coobi.health (hereinafter referred to as the "Website") and offers the coobi cope online programme (hereinafter referred to as the "Online Programme" or the "Service" or "Services” or "coobi cope") via our mobile apps.

(2) Our programme is directed exclusively at natural persons who are at least 18 years old.

 

(3) The use of coobi cope offered by Stigma Health GmbH is voluntary and at your own risk. The app provides general educational content and suggestions based on guidelines and scientific data that are not specific to individual cases or intended as personalised advice. In addition, the app includes features for tracking and self-reporting wellness-related activities, but these should not replace professional medical advice or treatment.

coobi cope does not establish a doctor-patient relationship. We recommend that you consult a healthcare professional, especially if you have an existing health condition, a diagnosed addiction, are over 65, pregnant or breastfeeding, or if lifestyle changes may affect your health. It is recommended that you seek medical advice if you have any health concerns. In particular, Stigma Health's Services are not intended for users with severe mental illness, including but not limited to bipolar disorder, diagnosed behavioural disorder, a psychotic disorder (e.g. schizophrenia), acute substance dependence, a major depressive episode or acute suicidal ideation.

coobi cope is not a medical device and should not be used to diagnose, treat, cure or prevent any health problem. No guarantees are made regarding its effectiveness as a medical treatment. Furthermore, Stigma Health does not endorse or take responsibility for any health decisions based on the use of coobi cope.

In the case of severe mental health problems, the user should consult with a psychological psychotherapist or appropriate medical specialist. In the event of an acute crisis, a list of helplines provided by find a helpline can be found here: https://findahelpline.com/.

(4) The contract languages are German and English.

2. Usage Eligibility

To access coobi cope, you must be at least 18 years old. By using the application, you confirm that you meet this age requirement. In cases where underage usage is reported to support@coobi.health, the account will be terminated.

Certain features of coobi cope may have additional requirements, which will be communicated as necessary. It is your responsibility to ensure that all eligibility criteria are met prior to registration.

3. Scope of application

 

(1) The use of the Services offered on the Website and mobile application is subject to these Terms and Conditions (hereinafter also referred to as the "GTC"). These GTC shall apply in the version valid at the time the relevant Contract is concluded.

4. Services provided by Stigma Health

 

(1) Stigma Health provides visitors to the website free information about harmful behaviours and the functionality of coobi cope.

(2) In addition, Stigma Health offers coobi cope, a digital coaching to help users change harmful habits. We ensure that our Services are as described and are delivered with due diligence and care. A range of subscription options will be introduced from May 2024.

(3) coobi cope may include educational texts, videos and exercises aimed at improving the user's wellbeing.

 

(4) Stigma Health reserves the right to change or expand the Services offered or to discontinue certain Services.

 

5. Registration

 

(1) To use coobi cope, you will need to download the app and complete the registration process.

Free access (users before May 2024): Once registered, you can access the app without a payment method and enjoy free use until May 2024 or as specified.

Paid subscribers (after May 2024): Once registered, you can subscribe to our Services by selecting a subscription plan and following the on-screen instructions. Orders will be confirmed upon payment commitment and we reserve the right to decline orders. First time subscribers will have a 14 day trial period with automatic renewal subject to cancellation terms.

(3) In order to register, the user must provide an e-mail address and choose a password. If additional mandatory information is required, this will be indicated during the registration process.

(2) Only persons who are of age at the time of registration and who are not subject to guardianship by a court in accordance with the provisions of § 1896 BGB (German Civil Code) are entitled to register. By registering, the user confirms that these requirements are met.

(4) The User is responsible for protecting all access data and passwords from unauthorised access by third parties. Stigma Health accepts no liability in the event of unauthorised access by third parties, should such access occur on the part of the user. The User must immediately notify Stigma Health of any unauthorised access by third parties or any other misuse of the User's login details and change the User's password. In the event of misuse, Stigma Health is entitled, but not obliged, to block the affected access immediately or to take other appropriate measures at its own discretion.

(5) At the time of registration, the User warrants that he/she does not suffer from any serious health disorders including but not limited to bipolar disorder, psychotic disorder (e.g. schizophrenia), acute substance dependence, severe depressive episode or acute suicidal tendency.

(6) Upon registration, the user confirms that he/she understands that coobi cope is not a medical device and is not intended to diagnose, treat, cure or prevent any health problem. coobi cope is intended solely as a digital wellbeing companion to support the user's wellbeing in relation to his/her digital habits.

(7) The user is solely responsible for the accuracy of the information provided. All information must be truthful. If the User provides false information intentionally or through gross negligence, this may result in immediate exclusion from further use of the Programme.

6. Conclusion of the Contract

 

(1) Contracts are concluded exclusively between Stigma Health and the user.

(2) A Contract for a Stigma Health Service is only concluded when the user makes a booking and Stigma Health subsequently confirms this in text form or activates the online programme.

(3) Upon receipt of the booking, Stigma Health will send the user an e-mail confirming the booking.

7. Prices and payment process

 

(1) The prices quoted on the website and mobile application at the time the Contract is concluded shall apply. All prices are inclusive of statutory VAT. Payment must be made in advance (prepayment).

 

(2) The User shall be provided with the payment options specified on the website or mobile application. Payments are subject to the terms and conditions of the payment Service provider used.

(3) All costs incurred by Stigma Health as a result of incorrect information provided by the user or insufficient funds in the user's account shall be borne by the user.

8. Obligations of the user

 

(1) The User is responsible for providing the hardware and software necessary to use the Website and the necessary Services, Internet access and, if applicable, a telephone connection. The provision of these is not part of the Services offered by Stigma Health.

(2) The User is obliged to provide all necessary information truthfully, in particular any required payment information. Stigma Health must be informed immediately of any changes. The User will not use any user codes for the assumption of costs by third parties, e.g. employers, for which he has not been expressly authorised by the third party.

(3) When using the Service, users may not commit any illegal acts and/or violate any applicable laws, in particular:

  • store, publish and/or transmit content that is harassing, offensive, harmful to minors or otherwise unlawful acts that are likely to lead directly or indirectly to bodily injury or property damage, such as instructions for action;

  • acts that violates the relevant rules of conduct of our Service;

  • Use scraping or similar techniques to compile, reuse, republish or otherwise exploit any Content;

  • harass, threaten, insult, defame, libel or discriminate against any person, entity or business on the basis of sex, race, religion or beliefs, or make or disseminate untrue statements about any person, entity or business;

  • collect, store or transmit personal data about other users, unless those users have given their consent;

  • actions that constitutes manipulated content;

  • provide links to third party content that violates the provisions of these Terms and Conditions or any other law;

  • impersonate another person within the Service, such as a public official or our representative, or pretend to be someone you are not, forge user names or otherwise manipulate identifiers and/or disguise the origin of any content transmitted as part of the Service;

  • store, post and/or transmit any advertising, promotional materials, junk or bulk email, chain letters, pyramid schemes or any other form of commercial communication;

  • Use techniques or employ automated or other Services designed to misrepresent user activity, such as the use of bots, botnets, scripts, applications, plug-ins, extensions or other automated means to register accounts, play content, send messages, post comments or take any other action;

  • acts that infringe the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights.

9. Property rights and restrictions on the right of use

 

(1) All rights associated with the Service, including the rights to the website, underlying software and database and other content of Stigma Health and any third parties commissioned by Stigma Health, are protected by copyright, trademark and labelling laws. The provision and naming in the context of these GTC does not constitute a waiver of copyrights.

(2) Stigma Health expressly reserves all rights to which it is entitled under the Unfair Competition Act (UWG), copyright law, trademark law or other laws protecting all components associated with the Service, such as the website, Services, products or parts thereof.

(3) This applies in particular to rights to published texts, the design of the website or individual products and the logo used. Reproduction or use of such content, texts, images, graphics and multimedia documents in other electronic or printed publications is not permitted without the prior express written consent of Stigma Health. The same applies to third parties who hold copyrights or other rights to the content of the Service.

(4) The Service may only be used in the manner specified by Stigma Health. In particular, the database may only be accessed using the software provided on the website. Exploitation or spying on the database using other software is not permitted. In particular, automated access to the Stigma Health Service is not permitted.

Copying, forwarding, sending or publishing the data in any form is not permitted, unless the Service expressly offers such a function. Subject to compliance with these GTC and all other applicable and other Contractual provisions, Stigma Health grants the user the non-exclusive and non-transferable right to use the website and the Service as part of the booked product in accordance with the booking confirmed by Stigma Health in accordance with section (5).

The User is not authorised to

(i) make access to the Programme available to third parties, whether free of charge or against payment, in particular to rent, lend, reproduce, resell or otherwise distribute or pass on the Service; (ii) to use the Service, publications and texts for the development of other Services; (iii) copy, download, modify, disseminate (including framing), distribute or store the content of this website, except for caching as part of a visit to the Stigma Health website or authorised storage as part of the booked product, without express consent. (iii) activate and use any functionality of the Website or the Programme for which it has not been granted rights of use; (iv) modify, translate, reproduce or decompile the source code of the Website or the Programme or attempt to discover its functions; (v) remove, obscure or alter any legal notices, in particular those relating to Stigma Health's intellectual property rights.

(6) Stigma Health reserves the right to prohibit the use of the Website and the Programme with immediate effect if there are indications of misuse.

10. right of cancellation for consumers

 

If the user is a consumer within the meaning of § 13 BGB (German Civil Code), he or she has a statutory right of cancellation. A consumer is any natural person who enters into a legal transaction for purposes which are predominantly outside his or her trade or business. The following applies:

Cancellation policy

Users have the right to cancel this Contract within fourteen days of the date on which the Contract is concluded. To exercise your right of cancellation, you must notify us of your decision to cancel this Contract in a clear and unambiguous manner (e.g. by letter, fax or e-mail). In order to comply with the cancellation period, it is sufficient to send your notice of cancellation before the end of the cancellation period. Users may, but are not obliged to, use the sample cancellation form below. Our contact details can be found here:

Stigma Health GmbH, Mariendorfer Damm 1, 12099 Berlin, Telefon: XXXXX , E-Mail: support@coobi.health

 

Consequences of cancellation

If you cancel this Contract, we must refund to you all payments that we have received from you immediately and at the latest within fourteen days of the day on which we receive notification of your cancellation of this Contract. For this refund we will normally use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you, and in no case will you be charged any fees for this refund.

If, at the time of booking, you have requested that the Services begin before the end of the cancellation period, you must pay us a reasonable amount corresponding to the proportion of the Services that have already been provided at the time you notify us that you are exercising your right to cancel in respect of this Contract out of the total number of Services provided for in the Contract.

In the case of a Contract for the provision of Services, the right of withdrawal expires in accordance with Section 356 (4) of the German Civil Code (BGB) if the company has provided the Service in full and has only begun to provide the Service after the consumer has given his express consent and at the same time confirmed that he is aware that he will lose his right of withdrawal once the Contract has been fully performed by the company.

11. Confidentiality and data protection

 

(1) Stigma Health undertakes to treat all information that becomes accessible in connection with the use of the programme as strictly confidential.

 

(2) In addition, the collection and use of users' personal data is carried out in compliance with the applicable data protection regulations and is set out in more detail in the privacy policy at https://www.coobi.health/privacypolicy.

 

(3) The user can obtain information about the stored data at any time free of charge and is entitled to request the blocking and deletion of his/her data. Requests for information as well as requests for deletion, correction or blocking must be sent in writing by letter (Stigma Health GmbH, Mariendorfer Damm 1, 12099 Berlin) or by e-mail to support@coobi.health. The same applies to the revocation of consent or objections to the use of data.

 

(4) Stigma Health expressly points out that the Internet does not permit absolute data security despite all technical and organisational measures that Stigma Health uses in accordance with the statutory provisions. Stigma Health is not liable for the actions of third parties (subject to section 12).

12. Disclaimer for links

 

(1) The Website and the Programme may contain external links and references to websites not operated by Stigma Health. Such external links are generally provided for user convenience only. Stigma Health has no influence on their content; the operators of the linked sites are solely responsible for their content.

 

(2) Stigma Health hereby expressly distances itself from the content behind the links listed on the website, the servers behind them, further links and all other visible or invisible content. Stigma Health accepts no responsibility for the content of these websites, nor does Stigma Health adopt these websites and third party content as its own. Stigma Health does not monitor the linked information. Stigma Health was not aware of any violations of applicable law by the third-party content at the time the link was established. Furthermore, Stigma Health accepts no liability for information, legal and organisational circumstances, content or promises on linked websites.

13. Availability of the website and customer Service

 

(1) Customer Service via e-mail is available continuously at support@coobi.health. A reply is usually sent on working days within 24 hours of receipt of the e-mail on the Stigma Health server.

 

(2) Stigma Health website may not be available worldwide. Accessibility may be restricted in certain countries or networks.

(3) Stigma Health’s liability in accordance with section 12 above remains unaffected.

14. Term and cancellation

 

(1) The Contract for the use of the Service has an indefinite term.

(2) The Contracts between Stigma Health and the user for certain fee-based Services are automatically renewed at the end of the term specified for the Service (e.g. the duration of the course).

(3) The right to premature extraordinary cancellation of both parties remains unaffected.

15. Amendment of the GTC

 

(1) Stigma Health reserves the right to amend or extend these GTC at any time with effect for the future if this appears necessary. For new Contracts / subsequent bookings, the GTC in the version current at the time of conclusion of the Contract will then apply.

 

(2) In the context of ongoing continuing obligations, amendments to the GTC shall only be made insofar as this does not disadvantage the user contrary to good faith. An amendment may be necessary in particular in order to make adjustments to a change in the legal situation. New court rulings are also deemed to be a change in the legal situation. Changes and further developments of the offer may also make it necessary to amend or supplement the GTC.

(3) In the case of ongoing continuing obligations, an amendment or supplement shall be announced in a suitable manner in text form, usually by e-mail, at least six weeks before it comes into force.

(4) In the context of ongoing continuing obligations, the user has the right to object to a change or addition in text form within six weeks of receipt of the notification to Stigma Health. In the event of a timely objection, both parties are entitled to terminate the Contract extraordinarily. Other cancellation rights remain unaffected by this. If the user does not object within the objection period or continues to use the Services thereafter, the amendment or addition is deemed to have been accepted and becomes part of the Contract. This paragraph does not apply to changes to the subject matter of the Contract or to a change in essential Contractual obligations that would lead to a change in the Contractual structure as a whole. In this case, Stigma Health will offer the user to continue the Contract under the amended conditions.

(5) Stigma Health will inform the user in the notification of the changes to the GTC of the possibility of objection and cancellation, the deadline and the legal consequences, in particular with regard to a failure to object.

 

16. Miscellaneous

 

(1) This Contract shall be governed exclusively by the substantive law of the Federal Republic of Germany with the exception of the UN Convention on Contracts for the International Sale of Goods and German private international law. If the user is a consumer, he is nevertheless entitled to the protection of the mandatory provisions of the law that would be applicable without this clause in accordance with Art. 6 Para. 2 of Regulation (EC) 593/2008.

(2) Should individual provisions of these GTC be or become invalid in whole or in part, the remainder of the GTC shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.

 

(3) We are not obliged to participate in dispute resolution proceedings before a consumer arbitration board and do not participate in such proceedings.

Version from 11/01/2024

Sample cancellation form

(If you wish to cancel the Contract, please complete and return this form)

To Stigma Health GmbH, Mariendorfer Damm 1, 12099 Berlin, Germany, e-mail: support@coobi.health

I hereby cancel the Contract concluded by me for the purchase of the following online programme:

Booked on:

Name of the user

E-mail of the user

Signature of the user (only for notification on paper)

Date

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