General Terms and Conditions

  • 1. Scope of the application
      1. The following General Terms and Conditions (hereinafter also “GTC”) of Aurora Health GmbH, Tieckstraße 29, 10115 Berlin (hereinafter also “Moodpath” or “we”) govern the use of the Moodpath App (hereinafter also “app”) and the contractual relationship between Moodpath and you (hereinafter also “user” or “you”).Please note that certain services offered by us may be subject to other terms and conditions. We point out such further contractual conditions to you separately in each case. In the event of a dissent, the provisions of such special contractual conditions shall prevail over these GTC, unless expressly provided otherwise. Please read these terms and conditions carefully before using our app. Access to the app is contingent on your acceptance of these terms and conditions.
      2. The applicability of general terms and conditions of users or other contractual partners is excluded. Deviating, conflicting or supplementary terms and conditions of the user or other contractual partners shall only become part of the contract if and in as far as we have expressly agreed to their validity.
      3. In addition, the provisions of the respective App Stores (Apple App Store, Google Play Store, etc.) (“App Store”), which the user has consented to with the provider of the App Store, shall apply.
      4. Moodpath provides the services according to these general terms and conditions only to users who are consumers in the sense of §13 of the German Civil Code.`
      5. We expressly point out that the services offered via the app are no substitute for a diagnosis or medical or psychotherapeutic treatment. If you have suicidal thoughts or need medical help for other reasons, please consult a local doctor or therapist, or in urgent cases an emergency ambulance.
  • 2. Subject matter of the contract and scope of services
    1. Moodpath is an app designed to enable users to make an informed self-assessment on whether they are suffering from depression. Depending on the result, you will receive an individual recommendation for action. The information obtained in the app can then form a basis for the preparation and support of the necessary diagnostics and therapies by a doctor or therapist.Please note: The Moodpath app cannot replace the diagnosis of a doctor or psychotherapist, it can only prepare and support the path to psychiatric or psychotherapeutic treatment.The Moodpath app offers both free and paid options.
    2. Free services
      The use of the app in the basic version is free of charge (free part of the app). The free part of the app helps you find out if you are affected by depression. For this purpose, you will answer questions about your mental and physical well-being three times a day during a 14-day screening session. The time required to answer the questions can vary individually and is approximately two minutes per day. Following the 14-day screening, the app gives you a sound assessment of whether and in what form you might be suffering from depression. The only condition is that you have given a minimum number of answers. If the number of your answers is below this limit, you will receive a notification during the survey and can then start the survey again at any time.
    3. Payment offers
      You can also obtain paid services and subscriptions within the app and receive additional services. This gives you access to personalized exercises and courses based on the principles of cognitive behavioral therapy. Please refer to the section on remuneration for more information.
    4. Moodpath reserves the right to change, expand or suspend certain services. The services you have already ordered are not affected by this. The current service description in the app when registering or booking a chargeable service is decisive in each case.If we collect, process and/or transmit your personal data within the scope of the free or subscription-based part of the app, the contract or order you have entered with us also constitutes the basis for such collection and processing of personal data. As far as we require your consent for the collection of your health data, we will obtain this separately in accordance with the legal requirements. You can find more information on this in our privacy policy.
  • 3. Registration, conclusion of contract
    1. We offer our services to all natural persons with full legal capacity. If you have no full legal capacity when using our services or entering this contract with us, you must be represented by your parents or legal guardians. By agreeing to these GTC, you confirm that you are acting either of legal age or with the consent of your parents or other legal representatives.
    2. Contracts you enter into are exclusively between you and Moodpath. The booking of chargeable services comes about only with the explicit confirmation of an order placed by you. In this respect, our offers in the app only constitute referenced invitations to place orders that still require separate acceptance by Moodpath.
    3. The use of the app, however, requires that you agree to these terms and conditions for the entire use.
    4. To use both the free and premium parts of the app, you do not need to register with your clear name or other personal information (such as your email address or residential address). However, so that the app can provide the services listed, we use a pseudonymized ID. The ID doesn’t allow us to identify you personally.
    5. The pseudonymized ID is also used to process payments via iTunes and Google Play Store without Moodpath receiving any personal data from you, e.g. your name. Nevertheless, a strictly confidential handling of all your data is very important to us. Therefore, we treat all data according to the same rules that apply to personal data. For more information, please see our privacy policy.
  • 4. Right of withdrawal

    If you are a consumer within the meaning of § 13 German Civil Code, you have a statutory right of cancellation with the following provision.

    Cancellation instructions

    Cancellation right

    You have the right to revoke this contract within fourteen days without giving reasons. 

    The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of withdrawal, you must give us 

    Aurora Health GmbH, 

    Tieckstrasse 29, 

    10115 Berlin, Germany

    Phone: +49 030 255553834, e-mail: info@aurora-health.de

    by means of a clear declaration (e.g. a letter or e-mail) of your decision to revoke this contract. you can use the attached sample cancellation form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the revocation period.

    Consequences of the cancellation

    If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from you selecting a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your cancellation of this Agreement. We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.

    If you have requested that the services should begin during the cancellation period, you shall pay us an appropriate amount corresponding to the proportion of the services already provided by the time you inform us of the exercise of the right of cancellation in respect of this contract compared to the total scope of the services provided for in the contract.

     

    Sample revocation form

    (If you want to revoke the contract, please fill out this form and send it to us.)

    • To Aurora Health GmbH, Tieckstrasse 29, 10115 Berlin, Germany, info@aurora-health.de
    • I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
    • Ordered on (*)/received on (*)
    • Name of the consumer(s)
    • Address of the consumer(s)
    • Signature of the consumer(s) (only if communicated on paper)
    • date

    ______________________

    (*) Delete as applicable.

  • 5. Remuneration
    1. The services of Moodpath are generally free of charge for you. You only need to make a payment to use the premium part of the app. The applicable prices and conditions can be found in the current price overview in the app and are always displayed before you make a purchase.
    2. You pay us via the payment options of the respective App stores. The costs for booked chargeable services must be paid in advance and are due immediately after Moodpath has accepted the order. The costs are only debited within the scope of the payment option of the respective store. If you have opted for a subscription plan within the paid part of the app, the amount will be debited periodically in advance. If you have chosen lifelong access, you will also be charged in advance and you will have access to the app’s offers for an unlimited period of time.
  • 6. Our relationship with you; obligations of the user
    1. You are responsible for maintaining the hardware and Internet access required to use our services.
    2. You may not take any illegal actions and/or violate any applicable laws while using the Service, in particular:
      • store, upload and/or transmit content that are
        • harassing, offensive, harmful to minors or otherwise illegal;
        • violate the rights of third parties, in particular, copyrights, personal rights or other property rights;
        • manipulated content;
        • violate Moodpath’s rules of conduct;
        • are confidential, e.g. other people’ s business secrets.
      • use scraping or similar techniques to compile, use, republish or otherwise exploit content for any other purpose;
      • use techniques or other automated services designed to misrepresent user activity, such as the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, play content, send messages, post comments or otherwise act;
      • collect, store or transmit personal data about other users if those affected do not agree;
    3. Moodpath services may only be accessed using the app provided by Moodpath. You may not exploit or spy on Moodpath’s database using any other software.
  • 7. Intellectual property rights and your rights of use
    1. Our app and all related software, databases, graphics, user interfaces, designs and other content, designations, names and trademarks are protected by copyright, trademark and other proprietary rights. Moodpath is the sole owner and beneficiary of all intellectual property rights in relation to you.
    2. Moodpath grants you the non-exclusive and non-transferable right to use the App and the services offered therein (hereinafter “Services”) in accordance with the terms and conditions and other applicable provisions. The right of use expires at the end of the contract period and can be limited or revoked by Moodpath (in relation to the free part of the app) at any time. The user is not entitled (i) to make the app or his access available to third parties, in particular, to rent, lend, reproduce, resell or otherwise distribute or pass it on; (ii) to use the app or the services to develop other services; (iv) modify, translate, duplicate, decompile, decompile, examine the source code of the App, except as permitted by law; (v) remove, obscure or modify any legal notices, in particular with regard to intellectual property rights.
  • 8. Hosting; links
    1. We allow you to use our services in accordance with these GTC and to transmit your relevant data and health data as well as photos made by you and texts about your personal condition to us (hereinafter “contents”). Moodpath does not review, endorse or claim ownership of such content, subject to the license set forth in section [8.b] below. You authorize us to store and host the content for you.
    2. We use your contents in accordance with the contract within the scope of our services. By submitting and/or uploading your content, you grant us the non-exclusive, unlimited in location and time, but revocable right to use the content in our app and our services in accordance with the contract, i.e., in particular, to save it, if necessary to process it technically. In addition, we are entitled to analyze and/or statistically evaluate the content in anonymous form for the purpose of improving the use of the app.
    3. You guarantee to us that you own or have sufficiently licensed all rights to the content and that the content and its use in connection with our services does not violate these GTC and applicable legal provisions and does not infringe any intellectual property rights or other rights of third parties. As far as other persons are recognizable on photos beside you, you assure that you have received all necessary approvals from these persons for the use in our services.
    4. As far as our services contain contents of third parties and links to online contents of third parties, only the respective providers are responsible for these. We cannot influence these contents, do not adopt them as our own and distance ourselves from such contents of third parties.
    5. Even if Moodpath has no legal obligation to check the contents of users, we reserve the right to block or delete contents which contradict legal regulations or these GTC. Further rights remain unaffected.
  • 9. Confidentiality; Data protection
    1. Any collection and processing of personal data is carried out in strict compliance with the applicable legal provisions. For more information, please see our privacy policy. The collection and use of your personal data is based on the contract concluded between you and us and, if necessary, the consent obtained from you.
    2. Moodpath commits to treat all information available to it in connection with the use of the application as strictly confidential.
  • 10. Warranty; Availability
    1. The app is provided with an annual availability of 95.00%. Excluded from the above availability are (a) the following maintenance windows: (aa) Daily maintenance windows (esp. also for updates and upgrades) from 02:00 – 06:00 o’clock in the morning (regional time) and (bb) announced maintenance windows, which are announced with a lead time of at least 2 working days, do not last longer than two hours each and do not exceed 6 hours per month; (b) periods of unavailability due to circumstances beyond Moodpath’s control, including force majeure, and (c) periods of unavailability caused by the User.
    2. Moodpath might also have to restrict access if the security of network operation, the maintenance of network integrity, in particular, the avoidance of serious disruptions to the network, the software or stored data require this; these times are also not taken into account in the calculation of availability.
    3. The Moodpath app may not be available worldwide. The availability may be restricted due to legal requirements in certain countries.
    4. We offer e-mail support (feedback@moodpath.de), which is available Monday to Friday from 10:00 – 20:00 (CET). We try to answer as soon as possible but cannot guarantee a certain reaction time.
    5. Moodpath’s liability according to section 11 remains unaffected.
  • 11. Liability
    1. In case of intent and gross negligence of Moodpath, a legal representative or vicarious agent of Moodpath, Moodpath is liable according to the legal regulations. The same applies in the event of injury to life, body and health, in the event that Moodpath gives a guarantee or is liable under the Product Liability Act.
    2. In case of material and financial damages caused by slight negligence by Moodpath, a legal representative or vicarious agents of Moodpath, Moodpath is only liable in case of violation of an essential contractual obligation, but the amount is limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those which are necessary for the proper execution of a contract and on whose compliance the contractual parties may regularly rely.
    3. Insofar as Moodpath provides services free of charge, Moodpath shall be liable in addition to its liability in accordance with the above section a. only in the case of damage caused by gross negligence or intentionally.
    4. The above exclusions and limitations of liability shall also apply with regard to the liability of Moodpath’s employees, workers, staff, representatives and vicarious agents, in particular in favor of the shareholders, staff, representatives, bodies and their members with regard to their personal liability.
  • 12. Duration and termination
    1. The contract between Moodpath and the user has an unlimited term. Temporary offers (e.g. monthly pass) automatically expire at the end of the specified period. Subscriptions (e.g. monthly or annual subscriptions) are automatically renewed after expiry for the original period if they are not canceled at the latest 24 hours before expiry.
    2. The user can cancel free offers from Moodpath at any time. The user can cancel paid subscriptions with a notice period of 24 hours until the end of the respective subscription period.  The user can cancel the subscription within the settings of the smartphone. A description for Apple devices can be found under the following link https://support.apple.com/de-de/HT202039. A description for Android devices can be found under the following link https://support.google.com/googleplay/answer/7018481?hl=en
    3. The right of premature extraordinary termination of both parties remains unaffected. In particular, we reserve the right to temporarily block access in the event of suspected misuse or breach of contract and to terminate the contract (if possible and reasonable after prior warning) in the event of justified suspicion.
  • 13. Changes to the services and the GTC
    1. Changes to services: We reserve the right to change, restrict and discontinue the services offered by us at any time unless this is unreasonable for the user. We also reserve the right to adapt or change the services if
      • the changes or adjustments are merely beneficial to users; or
      • the amendments or adjustments are necessary to bring it into conformity with applicable law, in particular if the applicable legal framework changes or to comply with a court judgment or administrative decision; or
      • if the changes or adaptations have no significant influence on the functions of the services or of a purely technical or organizational nature.
    2. Changes to the GTC: We also reserve the right to change our terms and conditions at any time, unless this is unreasonable for the user. In case of a change of the terms and conditions, we will inform you about the changes. If you do not object within this 6-week period and open the app again, the amended GTC shall be deemed accepted with effect for the future and shall become an integral part of the contract at the time it takes effect. We will draw your attention to the effect of silence and the importance of the six-week period in the notice containing the changed conditions.
    3. We also reserve the right to adapt or amend the GTC insofar as
      • the changes or adjustments are merely beneficial to registered users, or
      • the changes or adjustments are necessary to bring them into conformity with applicable law, in particular if the current legal situation changes, or to comply with a court ruling or an administrative decision,
      • if the changes or adaptations have no significant influence on the functions of the services or of a purely technical or organizational nature, or
      • Moodpath adds additional, completely new services or achievements, which require a description in the GTC, unless this would be disadvantageous for the current use relationship.
  • 14. Other provisions
    1. This contract is exclusively subject to the law of the Federal Republic of Germany to the exclusion of international private law. If the user is a consumer, he is also entitled to the protection of the mandatory provisions of that law which would have been applicable without this clause pursuant to Art. 6 Sec. 2 of Regulation (EC) 593/2008.
    2. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the remaining provisions of these General Terms and Conditions shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.
    3. Information on dispute resolution: We are not obliged to and do not participate in dispute resolution proceedings before a consumer arbitration body. The European online dispute resolution platform http://ec.europa.eu/consumers/odr/ provides information on alternative dispute resolution (note: we are not currently participating in this programme).

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