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Terms & Conditions

Thank you for choosing to use coobi care. Please note that the use of coobi care is subject to the following General Terms and Conditions (hereinafter referred to as ‘Terms’). Please read these Terms and our Privacy Policy carefully before using coobi care for the first time.

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What is coobi care?

 

coobi care is an app that is used as a digital, software-based support tool for healing, aftercare and information and behavioural support for patients with addiction disorders. It is provided by us, Stigma Health GmbH, Barmbeker Str. 33, 22303 Hamburg, Germany, represented by the managing director (hereinafter also referred to as ‘Provider’), as an app and a secure dashboard function linked to it via the website for treating therapists. In addition, the following Managing Director (hereinafter also referred to as ‘Provider’) as an app and a linked, secure dashboard function via the website for treating therapists. In addition, a corresponding website with any associated subdomains is operated at www.coobi.health.

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What can coobi care do?

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The coobi care app is a digital, software-based support module that is used as part of a blended care model (combination of psychotherapy and online app content) as a supplementary tool for aftercare and therapy support for you as a rehabilitation patient with an addiction disorder. The aim of the app is to promote long-term abstinence, prevent relapses and offer you, the user, targeted support in crisis situations. The coobi care app also offers you a multifunctional combination of a user-friendly overview of your health parameters such as sleep, stress and activity, which you can add to the app using a wearable device, and interactive modules for a self-confident and self-motivated approach to dealing with triggers. In acute craving phases, the coobi care app supports you with strategies and exercises.

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Who can you contact?

 

If you have any questions about our app or technical problems with it or our website, you can contact our support service by telephone on +49 30 50931865, by email at support@coobi.health or via the contact form on our website at https://www.coobi.health/kontakt.

 

If any of the terms used in these terms and conditions are unclear to you or if you have any questions about these terms and conditions or our services, please feel free to contact us at any time. Simply send us an email at info@coobi.health.

 

Note: To help you better understand the following terms and conditions, we will provide a brief summary of what is covered in each section at the beginning of each section. Please note that these summaries are for clarity only and have no legal significance. The sections are numbered in ascending order.

 

1. Subject matter and scope

 

In this section, we define the scope of these General Terms and Conditions.

 

  1. The following provisions apply to our entire range of services, which you can access at www.coobi.health and any associated subdomains or linked stores, and are intended to govern the contractual relationship between you and us, Stigma Health GmbH, Barmbeker Str. 33, 22303 Hamburg, Germany. They apply to the use of the services as a patient or as a therapist.

  2. We do not recognise any deviating provisions unless we have expressly agreed to their validity in writing (e.g. by letter).

  3. You can access and download the current version of the applicable provisions at any time at https://www.coobi.health/terms-conditions.

 

2. Our range of services

 

In this section, we explain the services we offer and what you need to bear in mind in this context.

 

  1. The core component of our range of services is the provision of the coobi care app to support users as patients in their withdrawal or rehabilitation from addiction. The patient's therapist can access their patients' data via the dashboard function.

  2. coobi care is a digital, software-based support module. We ourselves do not expressly make any treatment recommendations or diagnoses. The doctors or therapists working at your clinic or aftercare facility are responsible for your treatment, findings and subsequent diagnosis.

  3. The coobi care app is available in German and English and can be downloaded to your device from the App Store or Google Play Store.

  4. We would like to point out to you as a user that the coobi care app is expressly not suitable for use in the following cases and must not be used by you:

    • Acute suicidal tendencies

    • F10.3/4-F19.3/4 Unsuccessful withdrawal (acute withdrawal syndrome)

    • F20-F29 Schizophrenia,

    • schizotypal or delusional disorder

    • Acute detoxification (unless otherwise discussed with a doctor beforehand)

  5. The coobi care app can only be used after registering with an access code. You will receive the access code with the specified period of use from your clinic or aftercare facility. It is also possible that, after the period of use specified in the code has expired, you can extend the period of use yourself as a contractual partner by purchasing a new access code and concluding a corresponding contract.

  6. After successful registration, the therapist will be given access to a dashboard via a website, where they can view the data of registered patients linked to the app and the individual entries made in the coobi care app.

  7. Important note: If you have thoughts or concrete plans to end your own life, the coobi care service is not suitable for you. If such thoughts arise during the course of using our service, you must immediately consult a doctor or psychotherapist or contact the telephone counselling service (telephone number: 0800 111 0 111), the German Depression Aid (www.deutsche-depressionshilfe.de) or the known emergency numbers, such as the police (110).

  8. We reserve the right to adjust our range of services at any time with future effect and to optimise it to meet the needs of our users. We cannot therefore guarantee the permanent availability of certain offers. We will inform you of any adjustments to our range of services with reasonable advance notice.

 

3. Contractual relationship

 

In this section, we explain how and when a user agreement based on these terms and conditions is concluded between you and us.

 

  1. The use of our coobi care app is only possible with the conclusion of a valid user agreement using an access code based on these terms and conditions.

  2. The coobi care app may only be used by natural persons whose use of the offers cannot be attributed to their commercial or self-employed professional activity (consumers).

  3. The access code will be sent to you by your clinic or aftercare facility for the use specified in this provision and is valid for the specified period of use.

  4. In addition, your clinic or aftercare facility may provide you with a wearable device for recording your vital data in the app.

  5. However, in order to conclude the user agreement, you must first register a user account in our app. Registration is carried out using the access code provided to you by entering your full name, a valid email address, your telephone number and a password of your choice. You will then be redirected to create a user name and password for your user account.

  6. After successful registration, the user account is further set up within the app by activating biometric authentication and creating a PIN code to secure access to your user account.

  7. The following data is also requested for further setup and personalisation of the user account:

    • Gender (m, f, d, no preference)

    • Age group (e.g. 18-25 years)

    • Type of addiction (e.g. alcohol, cocaine, etc.)

    • Goal of therapy (e.g. abstinence, reduction) (optional)

    • Date of last use of addictive substances (optional)

    • Previous therapy (e.g. self-help group, inpatient rehabilitation, etc.) (optional)

    • Previous illnesses (e.g. mental health issues, cardiovascular disease, etc.) (optional)

    • Contact for difficult times (name to be entered in the app) (optional)

    • Enabling notifications

  8. Finally, the wearable device used is linked to the coobi care app by setting up the wearable device and linking the separate wearable connect account to the coobi care app.

  9. Please note that by ticking the appropriate box during registration, you must confirm that you have read and accept these terms and conditions as well as our privacy policy. Furthermore, you must expressly consent to the processing of your personal data for the intended purposes.

  10. The therapist will only collect the data necessary to enable unique registration and assignment for access to the data.

  11. A user agreement is concluded at the latest when we activate the user account (conclusion of contract).

 

4. Prices and payment processing

 

In this section, we explain how the prices of our services are structured and how payment is processed.

 

  1. You will receive the access codes, which are subject to a fee, from your clinic or aftercare facility in order to register for the coobi care app and use the services offered by coobi care. Use is free of charge for you within this framework.

  2. You also have the option of purchasing your own access code, e.g. to extend the period of use for the coobi care app after an access code has expired.

  3. The prices and payment methods for access codes purchased by you can be found on our website.

  4. All prices include statutory value added tax.

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5. User rights

 

In this section, you will learn how you may use our range of services.

 

  1. We grant you a non-exclusive, non-transferable, revocable and limited right to use the coobi care app services for the duration of the user agreement. This right exclusively covers the use of the functions provided within the intended context of use and under the conditions set out in these terms and conditions.

  2. You are not entitled to transfer, rent, lease, sell or otherwise transfer the right of use granted to you for the coobi care app to third parties. Any use of the coobi care app that goes beyond the right of use granted here is prohibited.

  3. You undertake not to manipulate, decompile, reverse engineer or otherwise alter, modify or adapt the coobi care app and the associated software. You are expressly prohibited from extracting the source code or algorithms of the coobi care app or using them in any form not expressly covered by the licence of use. Any attempts to impair the functionality of the coobi care app, in particular to spread viruses, malware or other malicious software, or to manipulate the underlying technology, will result in the immediate termination of the right of use and the user agreement.

  4. If you breach these Terms of Use, we reserve the right to block your user account for the coobi care app and your access to our services and, if necessary, to claim damages from you.

 

6. User obligations

 

In this section, we explain your obligations as a user of our services.

 

  1. You agree to use the coobi care app exclusively in accordance with the provisions set out in these terms and conditions and applicable laws and regulations. Use of the coobi care app for illegal or unauthorised purposes is prohibited. The user is obliged to use all functions of the app in accordance with the specified terms of use and exclusively for their intended purpose and within the scope of this provision.

  2. You shall ensure that you provide truthful, complete and up-to-date information when registering as a user of the coobi care app. You are responsible for maintaining the confidentiality of your access data and for all activities carried out under your user account. Unauthorised access or disclosure of access data to third parties is prohibited.

  3. You agree to use the content provided in the app only within the scope of these terms and conditions and in compliance with applicable copyright laws. Copying, distributing or otherwise unauthorised use of content is prohibited.

  4. You are obliged to ensure that any content you upload or create in the app does not infringe the rights of third parties and does not contain any criminal, offensive or otherwise unacceptable content.

  5. You shall also ensure that the vital data transmitted by the wearable (e.g. heart rate, steps, sleep data) is entered into the app truthfully and unchanged. You may not manipulate, falsify or otherwise alter this data in order to ensure that your vital data is displayed realistically and accurately and that the coobi care app can be used optimally for this purpose. Purely technical transmission errors caused by the wearable are excluded from this.

  6. You agree to accept and install regular updates and changes to the coobi care app to ensure the security and functionality of the app.

  7. You are responsible for providing and ensuring the secure operation of your end device and the Internet connection required to use the app. We have no influence on the functionality of your end device, the wearable you use or your Internet connection.

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7. User data

 

In this section, we explain that we collect and process personal data from you within the meaning of the General Data Protection Regulation and show you where you can find further information on this.

 

  1. We collect and use personal data within the meaning of Art. 4 No. 1 of the General Data Protection Regulation for the purpose of initiating and processing the contractual relationship with you.

  2. According to Art. 4 No. 1 of the General Data Protection Regulation, personal data is any information that can be attributed to a specific person (this includes, for example, your name, address or telephone number).

  3. When using the coobi care app, it may be necessary for us to process personal data on your behalf as the controller through third parties (hereinafter also referred to as ‘processors’). This processing is carried out exclusively in accordance with the contractual agreements and the applicable data protection regulations, in particular the General Data Protection Regulation (GDPR).

  4. As the client, we ensure that the necessary agreement for order processing has been concluded with the order processors in accordance with Art. 28 GDPR in order to guarantee the security and protection of personal data. The order processor is obliged to process the data exclusively in accordance with our instructions and only for the purposes specified in the contract.

  5. Details about the use of and our handling of your personal data can be found at any time in our privacy policy. You can access and download this at any time at www.coobi.health/datenschutzerkl%C3%A4rung.

 

8. Warranty rights, guarantees and availability

 

In this section, we explain the rights you can invoke in the event of defects and provide you with information regarding any guarantees offered (including with regard to the availability of our application).

 

  1. We are liable for material defects and defects of title exclusively in accordance with the applicable statutory provisions.

  2. We expressly clarify and do not guarantee that the use of our services will actually lead to the maintenance of abstinence, an improvement in health or an increase in physical and mental well-being. By using the coobi care app in its supportive function, we do not owe any specific success.

  3. We also expressly clarify and do not guarantee that the use of the coobi care app will replace medical treatment or provide any kind of findings or diagnoses. The medical and therapeutic treatment of you as a user remains the sole responsibility of the relevant clinic or aftercare facility.

  4. We do not give any guarantees. In the exceptional cases where we do advertise guarantees, the details of these are set out in the respective guarantee conditions, which we have provided to you in text form prior to the conclusion of the contract.

  5. We will inform you in good time of any planned maintenance work on our servers and/or the coobi care app software and any downtime that this may cause.

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9. Cancellation policy

 

In this section, you – as a consumer within the meaning of Section 13 of the German Civil Code (BGB) – are informed about your statutory right of cancellation and its consequences. Your right of cancellation is not unlimited, but may be excluded in whole or in part under certain conditions.

 

  1. Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is 14 days from the date of conclusion of the contract. To exercise your right of withdrawal, you must inform us as the provider of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or email). You can use the attached sample withdrawal form for this purpose, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising this right of withdrawal before the withdrawal period expires. Your right of withdrawal expires prematurely if we have already provided the service in full and only began providing the service after you, as the consumer, gave your express consent and confirmed that you are aware that you will lose your right of withdrawal upon complete fulfilment of the contract by us.

  2. Consequences of the right of withdrawal: If you withdraw from this contract, we shall reimburse you for all payments made by you to us, if any, without delay and at the latest within 14 days of the day on which we receive notification of your withdrawal from this contract. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you. In no event will we charge you for this refund.

  3. If you have requested that the service should begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you informed us of your exercise of the right of withdrawal in relation to the total scope of the services provided for in the contract. If our service has been provided to you free of charge, you are not entitled to a refund from us.

    - End of cancellation policy -
     

  4. Sample cancellation form:

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I (*) hereby cancel the contract concluded by me (*) for the purchase of the following goods: _____________ (*) / the provision of the following service: _______________ (*)

 

Ordered on _________________(*)/received on:______________(*):

Name of consumer(s)____________________________

Address of consumer(s) __________________________________

Signature of consumer(s) __________________________________

(only for notifications on paper)

Date __________________________________

(*) Delete as applicable

You can send your cancellation either by post to

Barmbeker Str. 33, 22303 Hamburg, Germany

or by email to service@coobi.health.​10. Termination

If you no longer wish to use our services, you can find out how to cancel here. You will also find out when we can terminate the contract with you.

 

10. Termination

 

If you no longer wish to use our services, you can find out how to cancel your subscription here. You will also find information on when we can terminate the contract with you.

 

  1. These provisions and the contract are based on the period of use of the access code provided to you or for an indefinite period if you have purchased an extended access code yourself. The above period of use applies unless the contractual relationship is terminated by you or us.

  2. You have the right to terminate the user agreement at any time with one (1) month's notice to the end of the month in your user account. Unless terminated by one of the contracting parties, this user agreement shall automatically expire at the end of the period of use. If you have purchased an extended access code, the agreement shall be automatically extended for a further calendar month unless terminated in accordance with the provisions of this section.

  3. We have the right to terminate the contractual relationship with you if you repeatedly violate these provisions and do not cease the violation despite our request to do so. In addition, we have the right to terminate the contractual relationship with you if, despite a reminder, you are in default with your payment obligations or if you use the coobi care app in a manner that is contrary to the contract and its intended purpose. In such a case, you shall remain obliged to pay the agreed fees until the end of the contract period.

  4. The right to extraordinary termination for good cause remains unaffected by the above provisions.

  5. In the event of termination, you will lose access to the coobi care app at the time the termination takes effect. Amounts already paid for unused services will not be refunded unless we, as the provider, are legally obliged to do so.

 

11. Liability

 

In this section, we explain the scope of our liability towards you.

 

  1. In the event of liability

    • under the Product Liability Act,

    • in cases of intent or fraudulent misrepresentation,

    • in cases of gross negligence,

    • for injury to life, limb or health,

    • if we as the provider have assumed a guarantee,

    • in the cases of § 288 para. 6 sentence 1 BGB (German Civil Code) and

    • in all other cases of mandatory liability,
      we are liable to you in accordance with the statutory provisions.

  2. Furthermore, we are liable to you for damages in accordance with the statutory provisions in the event of a culpable breach of essential contractual obligations (so-called cardinal obligations). Cardinal obligations in this sense include all obligations whose breach jeopardises the achievement of the purpose of the contract, as well as those obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance you as a user can regularly rely. If the breach of cardinal obligations is only slightly negligent and does not result in injury to life, limb or health, your claims for damages shall be limited to the amount of the typically foreseeable damage.

  3. We accept no liability for services provided by third parties who are not our legal representatives, employees or vicarious agents and are identified as such. If these services are provided on the basis of a contract with you, liability shall be governed by the respective contractual terms and conditions of the third-party provider. In particular, we shall not be liable for damage resulting from incorrect or false data records or incorrect handling by a service provider. The respective service provider is solely responsible for this.

  4. Any existing statutory liability privileges remain unaffected by this exclusion of liability.

  5. Insofar as our liability as a provider is limited or excluded in accordance with the above provisions, this exclusion of liability also applies to the personal liability of our legal representatives, employees and vicarious agents.

  6. The above provisions do not imply any change in the burden of proof to your disadvantage.

  7. Your claims for damages shall become statute-barred within the statutory limitation periods from the start of the statutory limitation period.

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12. Final provisions

 

In this section, we regulate various points that are relevant to the contractual relationship between you and us.

 

  1. The language available for concluding a contract with you is German. However, we reserve the right to offer additional contract languages in the future. If we already offer several contract languages at the time of conclusion of the contract with you, the English language version of these provisions shall prevail in the event of contradictions.

  2. For all disputes arising from or in connection with a contract concluded on the basis of these provisions, German law shall apply exclusively, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

  3. The place of jurisdiction for all disputes arising from or in connection with an agreement concluded on the basis of these terms and conditions shall be our place of business, unless statutory provisions and regulations dictate otherwise.

  4. The place of performance for all contractual obligations arising from or in connection with an agreement concluded on the basis of these terms and conditions shall be our place of business (determination of the place of performance).

  5. As you are considered a consumer within the meaning of Section 13 of the German Civil Code (BGB), we are obliged to inform you of the existence of the EU Commission's online dispute resolution platform (ODR platform). This platform is intended to be used for the resolution of disputes between businesses and consumers without the need to involve a court. The EU Commission is responsible for setting up the ODR platform. You can access the ODR platform via the following link: https://ec.europa.eu/odr . We would like to point out that we are neither willing nor obliged to participate in such a dispute resolution procedure.

  6. The contract text, as well as these provisions, will be stored by us and can therefore be made available to you at a later date (contract text storage).

  7. Changes to these provisions must be made in writing. This also applies to changes to this clause.

 

13. Changes to these provisions

 

In this section, we explain how we will inform you of any planned changes to these General Terms and Conditions of Use and inform you of your right to object to such changes.

 

  1. We reserve the right to amend these provisions with future effect in order to be able to respond appropriately to changes in legislation, changes in case law or changes in economic circumstances.

  2. We will notify you in good time of any changes we intend to make to these provisions and provide you with the specific changes in full.

  3. A change to these provisions shall only become effective if you do not expressly object to it in writing (e.g. by email or letter) within 4 (in words: four) weeks of receiving our notification of the intended change. We will also expressly point this out to you again in the notification. Please note that your objection entitles us to terminate agreements concluded with you on the basis of these provisions within a reasonable period of time.

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