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Terms and Conditions

1. General

(1) Clare&me, Auguststr. 47. 10119 Berlin, email: hello@clareandme.com, operates the website at http://www.clareandme.com and offers mental impulses and via this website and our mobile app Exercises to help you help yourself.

(2) Our program is aimed exclusively at natural persons.

(3) The programs offered via the website are not a substitute for a diagnosis or medical or psychotherapeutic treatment.

(4) Clare&me's offers are not therapy and are not aimed at users with bipolar disorder, psychotic disorder (e.g. schizophrenia), acute substance dependence or acute suicidality. Clare&me recommends such users to consult a doctor or psychotherapist immediately or, in the event of acute suicidality, to contact the telephone counseling service, the German Depression Aid Service or the police.

2. Scope

(1) The use of the services offered on the website (and possibly via our mobile and desktop apps, if offered) is based on these general terms and conditions (hereinafter also referred to as "GTC"). These terms and conditions apply in the version valid at the time the respective contract is concluded.

3. Services

(1) Clare&me offers visitors to the website information free of charge, as well as the option to carry out self-tests and an app download with mental impulses

(2) In addition to the free services on the website, clare&me also offers users various paid programs for psychological support that the user can book via a subscription in the app. The costs are currently only on a self-payer basis.

4. Registration

(1) Users can register in the app in order to book chargeable services.

(2) The registration requires the specification of the email address of the user and the selection of a password. If further mandatory information is required, this will be marked accordingly during registration.

(3) The user is responsible for protecting all access data and passwords from being accessed by third parties. Clare&me assumes no liability in the event of unauthorized access by third parties, should this access occur on the part of the user. The user must notify clare&me immediately of any third-party access or other misuses of their login data that they gain knowledge of and change their password. In the event of misuse, clare&me is entitled, but not obliged, to immediately block the access concerned or to take other suitable measures at its own discretion.

(4) At the time of registration, the user assures that there was no concrete plan to end his or her own life within the last 2 weeks.

(5) The user is solely responsible for the correctness of the information. All information must be given truthfully. If the user deliberately provides false information, this can lead to immediate exclusion from further use of the program.

5. Conclusion of the contract

(1) Contracts are concluded exclusively between clare&me and the user.

(2) The booking of clare&me impulses is only made when the user has made a booking.

(3) After receipt of the booking, clare&me sends the user an email confirming that the offer has been booked.

6. Prices and payment process

(1) The prices stated on the website at the time of the respective conclusion of the contract apply. All prices include VAT.

(2) The payment options mentioned on the website are made available to the user.

(3) The offer refers only to self-payers.

(4) All costs that clare&me incurs due to incorrect information provided by the user or insufficient funds in their account are to be borne by the user.

7. Obligations of the user

(1) It is the responsibility of the user to provide the hardware and software required to use the website and the necessary offers, Internet access and, if necessary, a telephone connection. Their provision is not part of the services offered by clare&me.

(2) The user is obliged to truthfully provide all necessary information, in particular any payment data that may be required. clare&me must be informed immediately of any changes.

(3) Users may not undertake any illegal actions and/or violate applicable laws while using the service, in particular not:

Save, publish and/or transmit content that is harassing, insulting, harmful to minors, or otherwise illegal; violate the rights of third parties, in particular copyrights or ancillary copyrights, other property rights, or personal rights; represent manipulated content; violate the relevant rules of conduct of our service; are to be treated confidentially, e.g. third-party business secrets; are likely to lead directly or indirectly to physical injury or property damage, such as corresponding instructions for action;

impersonate another person within the program, e.g. as a public official, our representative, or pretend a non-existent relationship with such persons, falsify user names or otherwise manipulate identifying marks and/or the origin of any content transmitted within the framework of the offer will, disguise;

Store, post and/or transmit advertising, junk or bulk email, chain letters, pyramid schemes, or other commercial communications;

Use scraping or similar techniques to compile, use for any other purpose, republish or otherwise use content;

Use techniques or automated or other services that are designed to misrepresent user activities, such as through the use of bots, botnets, scripts, apps, plugins, extensions or other automated means for registering accounts, for playing content, for Send messages, post comments, or otherwise act;

harass, threaten, insult, defame, contempt or discriminate a natural or legal person or a company, or allege or disseminate untrue facts in relation to a natural or legal person or a company;

collect, save or transmit personal data about other users, as far as the data subjects do not agree;

Set links to third-party content that violates provisions of these terms and conditions or other legal provisions.

8. Property rights and restrictions on the right of use

(1) The website, the software and database on which it is based and other content are protected by copyright or other laws. The provision within the scope of these terms and conditions does not constitute a waiver of copyrights.

(2) Clare&me expressly reserves all rights to which it is entitled under the Unfair Competition Act (“UWG”), copyright, trademark law or other laws that protect 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.

(4) The website may only be used in the manner created by clare&me. In particular, the database may only be accessed using the software provided on the site. Exhausting or spying on the database using other software is not permitted. In particular, automated access to the clare&me website is not permitted. It is not permitted to copy, pass on, send or publish the data in any form, unless the website expressly offers such a function. Clare&me grants the user the non-exclusive and non-transferable right to use the website and the service on condition of compliance with these terms and conditions and all other applicable and possible further contractual provisions. The right to use the program expires at the end of the contract period. The user is not authorized

(i) to allow third parties to have access to the program, in particular to rent, lend, reproduce, resell or otherwise distribute or pass it on;

(ii) use the program to develop other services;

(iii) to activate and use functionalities of the website or the program for which no usage rights have been granted;

(iv) to change, translate, reproduce, decompile or examine the source code of the website or the program, except to the extent permitted by law;

(v) remove, cover up or change legal notices, in particular those relating to clare&me's industrial property rights.

(5) If there are indications of improper use, clare&me reserves the right to prohibit the use of the website and the program with immediate effect.

9. Right of withdrawal for consumers

If the user is a consumer within the meaning of §13 BGB, he has a statutory right of withdrawal. A consumer is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor self-employed. The following applies in detail:

Right of withdrawal

Users have the right to withdraw from this contract within fourteen days from the date on which the contract was concluded without giving any reason. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). To meet the cancellation deadline, it is sufficient for you to send your notification of exercising your right of cancellation before the cancellation period has expired. For this purpose, users can use the model withdrawal form below, but this is not mandatory. You can find our contact details here:

clare&me GmbH,

Auguststrasse 47,

10119 Berlin,

Email: feedback@clareandme.com

Consequences of the withdrawal

If you revoke this contract, we have to repay all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. For this repayment, we usually use the same means of payment that you used for the original transaction unless something else was expressly agreed with you; In no case will you be charged any fees for this repayment. If your employer or your health insurance company has paid for the usage costs for you, all payments will also be refunded to them or they will not be charged.

If you have requested that the services should begin during the withdrawal period, you have to pay us a reasonable amount, which corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of withdrawal with regard to this contract Compared to the total scope of the services provided in the contract.

The right of withdrawal expires in accordance with Section 356 (4) of the German Civil Code (BGB) in the case of a contract for the provision of services if the entrepreneur has fully provided the service and has only started performing the service after the consumer has given his express consent and at the same time his knowledge of it has confirmed that he will lose his right of withdrawal if the contractor has completely fulfilled the contract.

10. Confidentiality and data protection

(1) Clare&me undertakes to treat all information that becomes accessible in connection with the use of the program as strictly confidential.

(2) The collection and use of users' personal data also takes place in compliance with the applicable data protection regulations and is set out in more detail in the data protection declaration at https://www.clareandme.com/datenschutz.

(3) The user can receive information about the stored data free of charge at any time and is entitled to request the blocking and deletion of his data. Inquiries for information as well as deletion, correction or blocking requests must be sent in writing via email to feedback@clareandme.com. The same applies to the revocation of consent or objections to the use of data.

(4) Clare&me expressly points out that the Internet does not allow absolute data security despite all the technical and organisational measures that clare&me uses in accordance with the statutory provisions. Clare&me is not liable for actions by third parties (subject to Clause 12).

11. Disclaimer for links

(1) The website may contain external links and references to websites that are not operated by clare&me. Such external links are usually only made available for reasons of user-friendliness. Clare&me has no influence on their content; The operator is solely responsible for the content of the linked pages.

(2) Clare&me hereby expressly distances itself from the content that is hidden behind the links listed on the website, the servers behind them, further links and all other visible or invisible content. Clare&me assumes no responsibility for the content of these websites, nor does clare&me adopt these websites or third-party content as its own. Clare&me does not check the linked information. Clare&me were not aware of any violations of the law by the external content when the link was set. Furthermore, clare&me does not accept any liability for information, legal and organisational circumstances, content or promises on linked offers.

12. Liability

(1) In the event of intent or gross negligence on the part of clare&me, a legal representative or vicarious agent of clare&me, clare&me is liable in accordance with the statutory provisions. The same applies in the event of injury to life, limb and health, in the event of a guarantee given by clare&me, or liability under the Product Liability Act.

(2) In the case of property damage and financial damage caused by slight negligence by clare&me, a legal representative or vicarious agent of clare&me, clare&me is only liable in the event of a breach of an essential contractual obligation, but limited to the amount of damage that was foreseeable and typical for the contract when the contract was concluded. Essential contractual obligations are those whose fulfillment enables the proper execution of a contract in the first place and on whose compliance the contracting parties can regularly rely.

(3) To the extent that clare&me provides services free of charge, clare&me is only liable for damage caused by gross negligence or willful intent in accordance with the provisions of paragraph (1) above.

(4) A change in the burden of proof to the detriment of the user is not associated with the above regulations.

(5) The above exclusions or limitations of liability also apply with regard to the liability of employees, workers, employees, representatives and vicarious agents of clare&me, in particular for the benefit of shareholders, employees, representatives, organs and their members with regard to their personal liability.

13. Availability of the website and customer service

(1) The website is provided with an annual availability of 95.00%. Excluded from the aforementioned availability are (a) the following maintenance windows: (aa) daily maintenance windows (especially also for the implementation of updates and upgrades) from 02:00 - 06:00 in the morning (regional time) as well as (bb) announced maintenance windows, which are announced with a lead time of at least 2 working days, do not last longer than two hours and do not exceed 6 hours per month; (b) Times of unavailability due to circumstances beyond the control of clare&me, including force majeure, as well as (c) times of unavailability, if and to the extent that these were caused by the user.

(2) Clare&me can or must also restrict access if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data so require; these times are also not taken into account when calculating availability.

(3) The clare&me website may not be available worldwide. The availability may be restricted due to legal requirements in certain countries.

(5) Customer service via email is continuously available at hello@clareandme.com. A response within 24 hours is guaranteed.

(6) Clare&me's liability in accordance with Section 12 above remains unaffected.

14. Term and Termination

(1) The contract for the use of the website has an unlimited term

(2) The contracts between clare&me and the user for chargeable services end automatically after the specified term has expired (e.g. the duration of the course). The contract can be terminated informally by both parties at any time with a notice period of 2 weeks after confirmation of payment.

(3) The right to early extraordinary termination on both sides remains unaffected.​

15. Changes to the terms and conditions

(1) Clare&me reserves the right to change or expand these terms and conditions at any time with future effect, if this appears necessary. For new contracts, the terms and conditions in the version valid at the time of the conclusion of the contract then apply.

(2) In the context of ongoing contractual obligations, changes to the terms and conditions will only be taken into account if this does not disadvantage the user contrary to good faith. A change may be necessary in particular to adapt to a change in the legal situation. Newly issued court decisions are also considered to be a change in the legal situation. Changes and further developments of the offer can also make a change or addition to the terms and conditions necessary.

(3) In the case of ongoing contractual obligations, a change or addition will be announced in a suitable manner in writing, usually by email, at least six weeks before it comes into force.

(4) In the context of ongoing contractual obligations, the user has the right to object to a change or addition to clare&me within six weeks of publication and the possibility of taking note of it. In the event of a timely objection, both parties are entitled to extraordinary termination of the contract. Other termination rights remain unaffected. If the user does not object within the objection period or if he continues to use the services thereafter, the change or addition is deemed 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 structure of the contract as a whole. In this case, clare&me will offer the user to continue the contract under the then changed conditions.

(5) In the notification of the changes to the General Terms and Conditions, clare&me will specifically point out the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to a non-objection.

16. Other

(1) This contract is subject exclusively to the substantive law of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Movable Property and German international private law. If the user is a consumer, he is also entitled to the protection of the mandatory provisions of the law that would be applicable without this clause, in accordance with Article 6 (2) of Regulation (EC) 593/2008.

(2) Should individual provisions of these terms and conditions be or become wholly or partially ineffective, the rest of the terms and conditions shall remain effective. In the event of such ineffectiveness, the ineffective regulation will be replaced by the statutory provision.

(3) We are not obliged to participate in dispute settlement proceedings before a consumer arbitration board and do not take part in them.

Created: 25/10/2021

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