General Terms and Conditions (GTC)
1. Scope of application; no curative treatment; special features for health insurance users and corporate users; amendment of GTC
1.1 "Likeminded.care" is an online offer provided by Likeminded GmbH (hereinafter: "Likeminded") with information, courses, communication and/or exchange opportunities for people who are looking for support in a mentally difficult situation and the exchange with people in the same or similar situations as help for self-help (hereinafter also: the "offer"). In order to use and register for the Likeminded offer, a framework agreement between Likeminded and your health insurance company or your employer is required, which entitles you to use the offer.
1.2 The contractual relationship between Likeminded and the user (hereinafter: "user" or "you") regarding the use of the offer (including via mobile or desktop apps, if offered) is governed by these general terms and conditions (GTC). Deviating GTC of the user shall not become part of the contract, even if Likeminded does not expressly object to them.
1.3 Measures of curative treatment are not subject of the offer. In particular, the offer does not include medical or psychotherapeutic advice or treatment and does not replace such. In cases of an impairment of your mental health that requires medical or psychotherapeutic treatment, our offer cannot replace any curative treatment, but can only be a useful supplement if necessary; please discuss this issue with a therapist and follow his or her recommendation.
Important note: If you have thoughts or even concrete plans to end your own life, the Likeminded offer is not suitable for you. If such thoughts occur in the course of using our offer, you must immediately consult a doctor or psychotherapist or immediately contact the telephone counselling service (telephone number: 0800 111 0 111), the German depression aid (www.deutsche-depressionshilfe.de) or the known emergency numbers of the police (110) or the fire department (112).
2. Conclusion of contracts and contractual relationships; registration requirements
2.1 The prerequisite for using the Likeminded offer is an existing framework agreement between Likeminded and your employer, which entitles employees of the respective company to use the Likeminded offer.
2.2 The contract is concluded by Likeminded's confirmation of the user's registration ("registration") or other acceptance of the user's registration by Likeminded. This requires that the user is authorized to use the offer and verifies himself for this purpose with his company email address of a participating employer/company. Likeminded can also declare the confirmation of the registration or the acceptance of the user's registration by activating the offer.
2.3 The user must have unlimited legal capacity or act with the consent of his legal representative. In any case, he must be at least 18 years old.
3. Scope of services
3.1 During the term of the contract, a certain number of so-called “individual sessions” are available to registered users, which are credited at recurring intervals (unless otherwise agreed with your employer, usually every 12 months) to your user account in accordance with the agreement with your employer. These individual sessions can be used by the user in the Likeminded web app. The aforementioned individual sessions will be credited to each registered user directly in his/her user account and will be recharged by Likeminded at the interval agreed with your employer. The exact number of individual sessions and the interval of crediting according to the agreement between Likeminded and your employer can be viewed in your user profile. Likeminded individual sessions give users the opportunity to talk about deeper personal or work-related issues in a 45-minute conversation with qualified psychologists Individual sessions not used during an interval expire at the end of the respective interval.
3.2 Insofar as Likeminded also voluntarily and free of charge provides content and/or services for registered users (such as group sessions or exchange groups), this is done without assuming a legal obligation to do so and Likeminded is entitled to change, expand or restrict these services at any time.
3.3 Likeminded guarantees an availability of its online offer of 98% calculated based on a calendar year. Excluded from the aforementioned availability are (a) the following maintenance windows: (aa) Daily maintenance windows (esp. also for the execution of updates and upgrades) from 23:00 pm - 06:00 am (German time - CEST) as well as (bb) announced maintenance windows, which are announced at least one business day in advance, do not last longer than two hours each and do not exceed eight hours in a month; (b) periods of unavailability due to circumstances beyond Likeminded's control, including force majeure, as well as (c) periods of unavailability, if and to the extent caused by the user.
3.4 Likeminded does not undertake to back up data for the user and does not assume any contractual assurances, guarantees or warranties beyond the statutory regulations, unless otherwise agreed in individual cases.
4. Duties or obligations of the user, prohibited conduct
4.1 The user may only use the Likeminded offer for his/her private purposes. The commercial or business use by the user is prohibited.
4.2 The user undertakes to provide true and complete information when registering and to keep this information up to date during the term of the contract by adjusting or notifying Likeminded.
4.3 Only one registration may be maintained per person at the same time.
4.4 The user is obliged to keep his access data secret and not to pass it on to third parties. The transfer of the possibility to use the registration and/or grant individual sessions to third parties is prohibited.
4.5 The user is obliged to observe the existing statutory copyrights and other rights concerning the content in the Likeminded offer. The user is not allowed to reproduce, distribute or make publicly available such content or remove technical protective measures, copyright notices or notices regarding other rights, unless this is expressly permitted.
4.6 The user has the obligation to provide hardware and software as well as a broadband internet connection to access the content or services from the Likeminded offer at his own expense. This includes in particular the technical requirements explained in the offer.
4.7 If you suffer from a mental illness, you may only use the offer if it has been qualified as medically harmless for you by your psychotherapist or doctor.
4.8 Within the scope of using the Likeminded offer, you are not allowed to perform any illegal acts and/or violate any applicable laws or these GTC. In particular, it is not allowed:
- To store, publish and/or transmit content that is harassing, offensive, discriminatory (e.g. on the grounds of gender, race, religion or convictions) or harmful to minors; that infringes the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights, in particular untrue statements about other persons; that must be treated confidentially under the terms of the contract or the law, e.g. third party trade secrets; or that is likely to lead directly or indirectly to bodily injury or property damage, such as specific instructions to other users;
- To impersonate any other person within the program, e.g., an officer, our representative, or pretend a non-existent relationship with such persons, to forge usernames or manipulate identifiers otherwise, and/or disguise the origin of any content transmitted under the offer;
- To store, publish and/or transmit advertising or other commercial communications, junk or bulk e-mail, chain letters, pyramid schemes;
- To use recording, scraping or similar techniques to record, copy, compile, use for any other purpose, republish or otherwise exploit any content from the offer;
- To employ techniques or use automated or other 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 act otherwise;
- To collect, store or transmit personal data about other users (including the name, identity, place of residence or whereabouts of other users or your communications with other users) or contact other users outside of the ways provided in the offer, except with the consent of the individuals concerned or as permitted by law;
- To post links to third-party content that violates provisions of these GTC or other legal provisions.
4.9 You agree to keep confidential information that you obtain about other users in the course of participation in group workshops and exchange groups strictly confidential. Confidential information includes all information that a person communicates/shares about him/herself in the course of participation in group workshops and exchange groups, in particular personal data and information related to the user's mental situation or life situation. You may not disclose this confidential information to any third party directly or indirectly, in writing, orally or in any other way. Furthermore, you may not make any video and/or audio recordings during the use of the offer (in particular during group workshops, the Likeminded exchange group or individual conversations).
4.10 Failure to comply with any of the behavioral obligations set forth in Section 4.8 or 4.9 may result in particular in the following consequences: Request for a statement of the user in the event of a suspected breach of contract/law, blocking of use until facts are clarified (especially in the event of multiple complaints from other users), warning, restriction in the use of the offer, complete or partial deletion of content. Further legal or contractual rights of Likeminded or affected other users, in particular to terminate the contract or claim damages, remain unaffected.
5. Contract term, termination
5.1 The contract between the user and Likeminded runs for an indefinite period of time and ends - without the need for termination - if the underlying contract between the user's employer and Likeminded ends or the user changes employers and the user does not continue the contract in the aforementioned cases by independently purchasing individual session in accordance with section 6; in this case, the contract continues to run for an indefinite period of time.. Notwithstanding the foregoing, the user may terminate the user agreement at any time in text form (e.g., by email) without giving any reason.
5.2 The legal right of both contracting parties to extraordinary termination for cause remains unaffected. For Likeminded, an extraordinary reason for termination exists in particular if the user intentionally makes false statements to his data during registration or booking process or later or has repeatedly violated these GTC or legal provisions while using the offer, provided Likeminded has unsuccessfully warned the user to comply with the affected contractual obligation before extraordinary termination (warning).
6. Additional conditions for the purchase of credits paid by the user
6.1 The following additional terms and conditions apply exclusively to the purchase of individual sessions packages paid by users who have already registered for the Likeminded offer, who a) have used up their quota of included individual sessions in the respective interval in accordance with the agreement between your employer and Likeminded and would like to purchase additional individual sessions for Likeminded's offer for a fee in order to use further services until the credit for individual sessions is recharged in the next interval, or b) after the end of your employment with the employer, you would like to continue to use the Likeminded service and for this purpose would like to purchase individual sessions from Likeminded for a fee, or c) after the expiration of the framework agreement between Likeminded and the employer, you would like to continue to use the Likeminded service and for this purpose would like to purchase individual sessions from Likeminded for a fee.
6.2 In order to conclude a contract for the purchase of additional individual sessions, the user can buy individual sessions in the wallet, which is located in the web app. After selecting the number of individual sessions you want to buy, you submit a binding offer to purchase the individual sessions on the page with the final booking overview by clicking on the "buy now" button. The user can correct/adjust input errors at any time before submitting his binding offer using the familiar functionalities.
6.3 The contract for the purchase of additional individual sessions is concluded through confirmation by Likeminded or other acceptance of the booking by Likeminded. Likeminded can also declare the confirmation of the registration or the acceptance of the booking of the user by activating the booked individual sessions in the user's account. Likeminded confirms the booking in accordance with the legal provisions; this booking confirmation is not yet an acceptance of the booking and does not constitute a contract for the booking of additional individual sessions.
6.4 The terms of the contract are not stored by Likeminded for the user, without prejudice to the fulfilment of the legal obligations to provide information. The following languages are available for the conclusion of the contract: German.
6.5 Information on the statutory right of withdrawal for consumers can be found below.
6.6 All agreed remunerations include taxes. Likeminded is entitled to transmit electronic invoices.
6.7 Only the agreed means of payment are permitted for payment.
6.8 If the user fails to fulfil a due payment obligation to Likeminded without justification, Likeminded is entitled, after prior warning and without prejudice to further legal and contractual rights, to temporarily block the user's access until the owed payment has been received. In this case, the term of the contract remains unaffected by the temporary blocking.
6.9. The user has to compensate Likeminded according to the legal regulations for the damages and necessary expenses (e.g. return debit note costs) that Likeminded incurs due to the user's non-payment or late payment or other disruptions of payment by the user, unless the user is not responsible for them.
7.1 The participation in Likeminded sessions and the use of the offer is at your own risk. Likeminded is liable for contractual and other claims of the user on the merits only for damages of the user (1) which Likeminded, its legal representatives or agents have caused intentionally or through gross negligence, (2) as regards injury to life, limb or health, which is based on a breach of duty by Likeminded or one of its legal representatives or agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) arising from the breach of an obligation, which - fulfilled - allows the proper execution of the contract in the first place and on Likeminded’s compliance of which the user regularly relies and may rely (so-called cardinal obligation).
7.2 Likeminded's liability in cases (1), (2) and (3) of the preceding paragraph is unlimited in amount. Otherwise, the liability is limited to the foreseeable damage typical for the contract.
7.3 In cases other than those mentioned in paragraphs 1 and 2, and without prejudice to the following paragraph, Likeminded's liability is excluded, regardless of the legal ground.
7.4 The above limitations of liability apply accordingly to all bodies, employees and vicarious agents of Likeminded.
7.5 The above limitations of liability shall not result in any change in the statutory burden of proof.
8. Final Provisions, Miscellaneous
8.1 There are no oral or written ancillary agreements.
8.2 If any provisions of these GTC or the concluded contract are or become invalid in whole or in part, the contract shall remain valid in relation to the remaining provisions. The invalid provision shall be replaced by the statutory provision. Insofar as this would represent an unreasonable hardship for one party, the contract as a whole shall become ineffective.
8.3 German law shall apply. The UN Convention on Contracts for the International Sale of Goods is excluded. The statutory provisions on the limitation of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user as a consumer has his/her habitual residence, shall remain unaffected.
8.4 In case of complaints about Likeminded, the user may at any time contact the European platform for online dispute resolution in consumer matters: HTTP://EC.EUROPA.EU/CONSUMERS/ODR/.
8.5 Likeminded does not participate in dispute resolution proceedings before a consumer arbitration board. There is no legal obligation to do so.
END OF TERMS AND CONDITIONS - FOLLOWS: WITHDRAWAL POLICY FOR THE PURCHASE OF ADDITIONAL INDIVIDUAL SESSIONS PAID BY THE USER
If you are a consumer, you have a right of withdrawal as follows:
Right of withdrawal
You have the right to withdraw from this contract within 14 days without giving any reason.
The withdrawal period will expire fourteen days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (Likeminded GmbH, Charlottenstr. 13, 10969 Berlin, e-mail: firstname.lastname@example.org) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by mail or an e-mail). You may use the attached model withdrawal form (see below), but it is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.
If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.
End of the withdrawal policy
Please note that the statutory right of withdrawal for consumers pursuant to Section 312 g (2) No. 9 BGB (German Civil Code) does not apply to contracts for the provision of services in connection with leisure activities if the contract provides for a specific date or period for the provision.
Your right of withdrawal shall expire prematurely in the case of a contract for the delivery of digital content not located on a physical data carrier if you have expressly consented to us commencing performance of the contract before the expiry of the withdrawal period and if you have confirmed your knowledge that by aforementioned consent you lose your right of withdrawal upon commencement of performance of the contract.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract,).
Likeminded GmbH, Charlottenstr. 13, 10969, Berlin, e-mail: email@example.com
I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*) / services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of the consumer(s) (only in case of notification on paper)
(*) delete as applicable