Terms & Conditions

The coobi care mobile application is not a medical device and should not be used to diagnose, treat, cure or prevent any health problem. Seek medical attention if you are concerned about your health. In an emergency, you should contact the emergency services immediately if necessary. Always consult your doctor or other qualified health provider with any health concerns. You should never disregard qualified medical advice or delay in seeking it because of something you have read or heard on the coobi website or in the coobi care application. Stigma Health GmbH is not responsible for actions or decisions taken by users based on information related to the coobi website or the use of the coobi care 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 online programme coobi care (hereinafter referred to as the ‘online programme’ or ‘service’ or ‘services’ or ‘coobi care’) via our mobile apps.

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

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(3) Use of coobi care, which is provided by Stigma Health GmbH, is voluntary and at your own risk. coobi care is currently in a test phase. All users will be notified of this before they are given access to coobi care. The app offers general educational content and suggestions based on recommendations and scientific data that are not tailored to individual cases or intended as personal advice. In addition, the app includes functions for tracking and self-reporting on wellness-related activities, but these are not intended to replace professional medical advice or treatment.

coobi care does not establish a doctor-patient relationship. We recommend that you consult a doctor, especially if you have an existing medical condition, a diagnosed addiction, are over 65 years old, are pregnant or breastfeeding, or if lifestyle changes could affect your health. It is recommended that you consult a doctor if you have any health concerns. In particular, Stigma Health's services are not intended for users with severe mental illnesses, including but not limited to bipolar disorder, diagnosed behavioural disorders, psychotic disorders (e.g. schizophrenia), acute drug addiction, severe depressive episodes or acute suicidal thoughts.

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

In the event of severe mental health issues, the user should consult a mental health professional or appropriate medical specialist. In the event of an acute crisis, a list of advice centres provided by find a helpline can be found here: https://findahelpline.com/.

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(4) The languages of the contract are German and English.

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2. Eligibility

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

Certain coobi care functions may have additional requirements, which will be announced as needed. It is your responsibility to ensure that all eligibility criteria are met prior to registration.

The coobi care app is currently in a test phase. Users will be notified of this when they are given an access code. There is no entitlement to the permanent availability of the app or certain functions. Stigma Health reserves the right to modify, expand or discontinue the app at any time without prior notice. During the test phase, functionalities may be limited or errors may occur. Stigma Health does not accept any liability for any damage or loss that may arise from the use of the app during the test phase.

 

3. Scope of application

 

(1) The use of the services offered on the website and in the mobile application is subject to these General Terms and Conditions (hereinafter also referred to as ‘GTC’). These GTC apply in the version valid at the time of the respective contract conclusion.

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4. Services provided by Stigma Health

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(1) Stigma Health provides visitors to the website with free information about harmful habits, addictive behaviour and how coobi care works.

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(2) In addition, Stigma Health offers coobi care, a digital support service to help users achieve their goals with regard to their problematic consumption of alcohol or illegal drugs. We ensure that our services correspond to the description and are provided with due care and diligence.

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(3) coobi care may include educational texts, videos and exercises aimed at improving the user's well-being.

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(4) coobi care offers the option of integrating data from Garmin wearables to provide personalised content and insights into the user's well-being. This feature is used on a voluntary basis and requires the express consent of the user.

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(5) coobi care offers a chat function that allows users to communicate with each other in closed groups. This function is designed to enable users to share experiences and provide mutual support. Chat communication is end-to-end encrypted to ensure the confidentiality of conversations.

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(6) Stigma Health reserves the right to change or extend the services offered or to discontinue certain services.

 

5. Registration

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(1) To use coobi care, you must download the app and complete the registration process.

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(2) To register, you will need an access code, which will be provided to you upon request. You will not be required to provide any personal data such as your email address or name. This means that we do not know the identity of the user and all data collected cannot be assigned to any person.

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(3) Only persons who are of legal age at the time of registration and who are not under legal guardianship in accordance with the provisions of § 1896 BGB are entitled to register. By registering, the user confirms that these requirements are met.

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(4) The user is responsible for protecting his access code from unauthorised access by third parties. Stigma Health does not accept any liability in the event of unauthorised access by third parties should such access occur due to the actions of the user. The user is obliged to inform Stigma Health immediately of any unauthorised access by third parties or any other misuse of the access code. In the event of misuse, Stigma Health is entitled, but not obliged, to immediately block the affected access or to take other appropriate measures at its own discretion.

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(5) When registering, the user assures that they do not suffer from a serious health disorder, including but not limited to bipolar disorder, a psychotic disorder (e.g. schizophrenia), a severe depressive episode or an acute tendency to suicide.

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(6) By registering, the user confirms that they understand that coobi care is not a medical device and is not intended to diagnose, treat, cure or prevent health problems. coobi care is intended solely as a digital wellbeing companion to support the user's wellbeing with regard to problematic consumption of alcohol or illegal drugs.

 

(7) The user is solely responsible for the accuracy of the information provided. All information must be truthful. If the user deliberately or negligently provides false information, this may result in immediate exclusion from further use of the programme.

 

6. Conclusion of contract

 

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

 

(2) A contract for the use of coobi care is concluded when the user downloads the app, enters the access code and accepts these general terms and conditions.

 

(3) There is no right to the conclusion of a contract or the use of the app. Stigma Health reserves the right to refuse users access to the app or to terminate the contract for good cause.

 

(4) In order to activate or unlock the user's account, it is necessary for the user to consent to the data protection declaration and these terms and conditions. Without this consent from the user, coobi care cannot be used.

 

(6) Access to coobi care is permitted exclusively to the user and persons authorised by the user. The user is responsible for all uses of the service with their access data and is liable in accordance with general laws. Usernames and passwords must be kept secret and must not be shared with third parties. If this data becomes known to unauthorised persons, the user must immediately change their password and inform Stigma Health. If the user provides their access data to unauthorised third parties, Stigma Health reserves the right to block the user account.

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7. Prices and payment process

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(1) Use of coobi care is free of charge for users in their relationship with Stigma Health. This does not affect any payment obligations arising from contracts with medical institutions.

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8. User obligations

 

(1) The user is responsible for providing the hardware, software and internet access required to use the app. The provision of these requirements is not part of the services offered by Stigma Health.

 

(2) The user is obliged to provide all necessary information truthfully. Stigma Health must be informed immediately of any changes. The user will not use any access codes that have not been expressly provided to him.

 

(3) The user may not commit any illegal acts and/or violate any applicable law when using the service, in particular:

• Store, publish and/or transmit content that is harassing, offensive, harmful to minors or otherwise illegal and that could directly or indirectly lead to physical injury or property damage, such as instructions for action.

• Actions that violate the relevant rules of conduct of our service.

• Use scraping or similar techniques to compile, reuse, republish or otherwise exploit content.

• Harass, threaten, insult, defame, libel or discriminate against persons, organisations or companies on the basis of their gender, ethnicity, religion or beliefs, or to make or disseminate untrue statements about persons, organisations or companies.

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

• Acts that constitute manipulated content.

• Providing links to third-party content that violates the provisions of these General Terms and Conditions or any other law.

• Impersonating another person or manipulating identifiers within the service.

• Storing, publishing and/or transmitting advertising, promotional material or unsolicited messages.

• Using techniques or automated services that are designed to misrepresent user activity.

• Acts that infringe the rights of third parties, in particular copyrights or ancillary copyrights.

 

9. Proprietary Rights and Restrictions on Use

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(1) All rights associated with the Service, including the rights to the website, the underlying software and database, and other content of Stigma Health and third parties contracted by Stigma Health, are protected by copyright, trademark and other laws. Provision under these Terms and Conditions does not constitute a waiver of copyrights.

 

(2) Stigma Health expressly reserves all rights to which it is entitled under the German Unfair Competition Act (UWG), copyright law, trademark law or other laws.

 

(3) This applies in particular to rights to published texts, the design of the website and the logo used. Any reproduction or use of such content is not permitted without the prior written consent of Stigma Health.

 

(4) The service may only be used in the manner specified by Stigma Health. In particular, access may only be gained using the software provided. Use of the database with other software is not permitted.

 

The user is not authorised to:

(i) enable third parties to access the programme, either free of charge or in return for payment; (ii) use the service to develop other services; (iii) copy or distribute content without express consent; (iv) activate and use functions for which the user has not been granted rights of use; (v) modify or decompile the source code; (vi) remove or modify legal notices.

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(5) Stigma Health reserves the right to prohibit the use of the app with immediate effect if there is any indication of misuse.

 

10. Right of cancellation for consumers

 

As the use of coobi care is free of charge for users and no contract for chargeable services is concluded, there is no right of cancellation in accordance with § 355 BGB.

 

11. Confidentiality and data protection

 

(1) Stigma Health is committed to treating all information that becomes available in connection with the use of the programme as strictly confidential.

 

(2) Since we do not have access to the user's personal data and do not know the user's identity, we only process anonymous or pseudonymised data. The collection and use of the data is carried out in compliance with the applicable data protection regulations and is explained in more detail in the data protection declaration at https://www.coobi.health/datenschutzerklärung.

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(3) We use Garmin integration to collect certain data, such as heart rate, heart rate variability and sleep rhythm. This data is transmitted to our app and stored anonymously after the user has given their express consent.

 

(4) Communication within the app, including chat interactions, is end-to-end encrypted. Further details can be found in our privacy policy.

 

(5) Stigma Health expressly points out that the internet does not allow for absolute data security. Stigma Health is not liable for the actions of third parties (subject to Section 14).

 

12. Disclaimer for links

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(1) The website and the programme may contain external links that are not operated by Stigma Health. Stigma Health has no influence on their content; the operators are solely responsible.

 

(2) Stigma Health expressly distances itself from the content of the links provided on the website. Stigma Health does not accept any responsibility for the content of these websites.

 

13. Accessibility of the website and customer service

 

(1) Customer service can be reached by email at support@coobi.health. A response is usually provided within 24 hours on weekdays.

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(2) The Stigma Health website and services may not be available worldwide. Accessibility may be restricted.

 

14. Liability

 

(1) Stigma Health endeavours to keep the app available without interruption. However, due to the nature of the internet, this cannot be guaranteed. Access may occasionally be interrupted for maintenance or updates. Stigma Health will try to minimise interruptions.

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(2) Stigma Health has unlimited liability for intent and gross negligence. In the event of a slightly negligent breach of material obligations, Stigma Health is only liable for the foreseeable damage typical for the contract.

 

(3) The limitations of liability do not apply to injury to life, limb or health. Stigma Health does not accept any liability for any damage or loss that may arise from using the app during the test phase.

 

(4) Liability for damages arising from the contractual relationship between medical institutions and users is excluded.

 

(5) Insofar as the liability of Stigma Health is excluded or limited, this also applies to the personal liability of employees, representatives and agents.

 

15. Term and Termination

 

(1) The contract for the use of the service has a term of 6 months.

 

(2) Stigma Health reserves the right to terminate the contract at any time for good cause.

 

16. Amendment of the GTC

 

(1) Stigma Health may amend these GTC at any time with effect for the future.

 

(2) Amendments will be announced at least two weeks before they come into effect.

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(3) The user may object within two weeks of notification. In the event of an objection, Stigma Health may terminate the contract.

 

17. Miscellaneous

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(1) These Terms and Conditions are governed exclusively by the laws of the Federal Republic of Germany.

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(2) Should any of the provisions be invalid, the remaining provisions shall remain in full force and effect.

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

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Version dated 02 October 2024

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Please note that the privacy policy at https://www.coobi.health/datenschutzerklärung contains further information on data protection, including details of our technical and organisational measures to protect your data.