General Terms and Conditions

1. General Information

1.1 SOFY GmbH (hereinafter “SOFY”) is a company registered in the Austrian Commercial Register under FN 488003 b, which provides a platform with (paid) products in the area of depression treatment (hereinafter “products”) under the trademark edupression.com® at the web address https://www.edupression.com (hereinafter “website”) and via mobile applications. In particular, the self-help program with psychoeducational content (hereinafter “psychoeducation”) and a mood diary are made available via this platform. In addition, SOFY also provides certain products free of charge (hereafter “free products”). The products and the products free of charge are described in detail in the service description under point 3 of these GTC and especially on the website.

1.2 The products provided by SOFY and products free of charge do not offer a substitute for medical or psychotherapeutic treatments.

1.3 SOFY provides the products and products free of charge exclusively for natural persons of full age. The use of the products or products free of charge by underage natural persons requires the prior consent of the legal guardian(s) of the underage person.

2. Scope

2.1 Within the framework of these General Terms and Conditions (“GTC – Depression Specialist”) the contractual relationship between SOFY and the Depression Specialist is regulated. Depression specialists are experts in the field of depression treatment (e.g. doctors, psychologists and psychotherapists). SOFY concludes contracts with depression specialists only under application of these GTC – Depression Specialists in the current version. The Depression Specialist commits himself to read these GTC – Depression Specialists carefully before using the products or free products.

2.2 In addition, SOFY concludes contracts with patients of depression specialists (and thus “users” of edupression.com®) under application of the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) available at [ ].

3. Service Description

3.1 The products provided by SOFY to the users currently include the digital medical device and self-help program Psychoeducation as well as the digital medical device Mood Chart and a supervised forum. Furthermore SOFY provides a cockpit (dashboard) for users and for the depression specialists. The free products currently include a specialist newsletter, certain contents of the self-help program and a simplified version of the mood chart. Further information is available on the website. Part of the contract between SOFY and the user will be the products ordered by the user during the booking process. SOFY may discontinue, limit or change the provision of the free products at any time without giving reasons.

3.2 In the relationship between SOFY and the depression specialist, the following service content applies: SOFY provides the depression specialist with a user account with a dashboard, which serves the administration of his patients, who are users of SOFY products and/or free products of SOFY. Furthermore, SOFY provides the depression specialist with access to the cockpits (dashboards) of those users who have concluded a treatment contract with the depression specialist and who have given their express consent for this access. This gives the depression specialist access to the contents of the user’s cockpit (e.g. course of the course, reports, mood chart). The depression specialist also has the possibility to form groups consisting of several users.

3.3 The contract between SOFY and the depression specialist is free of charge.

3.4 The conclusion of a contract between SOFY and the depression specialist on the basis of these GTC depression specialists does not establish a contractual relationship between the depression specialist and the users. Furthermore SOFY does not mediate the conclusion of a contract between the depression specialist and the user. The depression specialist and the user must independently conclude a treatment contract. The contractual relationship between SOFY and the users based on the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) remains unaffected by the contract between SOFY and the depression specialist. The Depression Specialist declares that he is aware of the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®).

4. Establishment of the Contractual Relationship

4.1 The contract between SOFY and the depression specialist comes about when the depression specialist registers on the website either on his own initiative or by invitation of a user and SOFY subsequently agrees to the conclusion of the contract with the depression specialist.

4.2 Before the contract is concluded, the depression specialist must register on the SOFY website or mobile application and create a user account. He also has to choose a password. The depression specialist is obliged to keep his password secret and to protect it sufficiently from unauthorized access by third parties. During registration the user account for the depression specialist will be created. SOFY is entitled to refuse to conclude a contract with a depression specialist without giving reasons. After conclusion of the contract the depression specialist will receive a confirmation.

5. Duties of the Depression Specialist

5.1 Depression specialists must themselves provide the hardware and software necessary for the use of the website and the products as well as products free of charge and the necessary internet access or telephone connection.

5.2 In case of termination of the treatment contract between the depression specialist and the user, the depression specialist is obliged to immediately cancel his access to the cockpit of the affected user.

5.3 Depression specialists must comply with all applicable statutory and other legal regulations and all obligations under these GTC – Depression Specialists and the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) when using the services covered by the contract (Section 3.2) and when using the products or products free of charge to the users. In particular, depression specialists must refrain from the following:

• The use of the contractual services as well as the use of the products or free products and the user account for purposes other than the treatment of users and the exchange of information between the user and the depression specialist;
• the storage, publication and transmission of illegal content or content that infringes the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights
• the unlawful threat, insult, discrimination or harassment of another person on grounds of sex, race, religion or beliefs
• the storage or transmission of personal data of users, unless the respective user has given his consent or a legal authorization exists;
• the use of the contractual services as well as the use of the products or products free of charge to commit illegal or unlawful acts (e.g. spamming, hacking, etc.)
• the use of the contractual services as well as the use or provision of the products or free products for business activities in competition with SOFY (own activities or activities of third parties)
• the misuse of the contractual services as well as the products or free products with fraudulent intent or the toleration of misuse by third parties;
• the provision of the contractual services and the products or free products or the granting of access to the contractual services and the products or free products to third parties who are not users of the products;
• the granting of access to the user account of the depression specialist to third parties

In case of violation of a contractual obligation of the depression specialist (in particular according to this point 5 and point 8) SOFY is entitled to block the access of the depression specialist to his user account and to the cockpits (dashboards) of the users until the contractual state is restored.

6. Changes of data, Receipt of Declarations

6.1 The depression specialist is obligated to inform SOFY immediately of any changes in the data registered by him, as well as the termination of his activity as a depression specialist, regardless of the respective reason.

6.2 If the depression specialist has not received explanations, because he has not informed SOFY about the changes of the data registered by him in point 6.1, these explanations are still considered as having been received by the depression specialist.

6.3 Legally significant statements from SOFY can also be sent to the depression specialist by means of SMS messages or to an e-mail address provided by the depression specialist for this purpose.

7. Liability

7.1 Any liability of SOFY to the depression specialist for claims which users make against the depression specialist in the context of their treatment contract with the depression specialist is excluded. This also applies to all possible claims which a user makes against the depression specialist in connection with the use of the products or the free products.

7.2 Any liability of SOFY towards the depression specialist for the availability of the products and free products for the users as well as for the uninterrupted availability of the access of the depression specialist to his user account and to the cockpits (dashboards) of the users is excluded.

7.3 In addition (as far as legally permissible), any liability of SOFY is excluded with regard to the free provision of services by SOFY.

8. Copyright and Industrial Property Rights

8.1 The products provided by SOFY, free products, website, the underlying software and database and other contents are protected by copyright. The editing, duplication, distribution and any kind of utilization by the depression specialist require the prior written consent of SOFY. Downloads and copies of the website are only permitted for contractual use. It is therefore not permitted to copy, pass on, send or publish information and data in any form, unless the website expressly offers such a function.

8.2 Under the condition of compliance with these GTC – Depression Specialists and all other applicable and possible further contractual provisions, SOFY grants the Depression Specialist the non-exclusive and non-transferable right to use the website and products as well as products free of charge, as far as this is necessary for the use of the contractual services (point 3.2). The right of use expires at the end of the contractual period. The Depression Specialist is not entitled,

• to leave its access to third parties, in particular to rent, lend, reproduce, resell or in any other way distribute or pass it on;
• to use the contractual services as well as the products and products free of charge for commercial or business activities, in particular to provide services for third parties against payment;
• to activate and use functionalities of the website or the products as well as free products for which he has not been granted any rights of use;
• to modify, translate, reproduce, decompile, decompile the source code of the website or of the products as well as free of charge products, to examine its functions, except to the extent permitted by law

9. Confidentiality and Data Protection

9.1 The depression specialist is obligated to adhere to all data protection regulations relevant to this contractual relationship (both in relation to SOFY, as well as in relation to the users).

9.2 The depression specialist is obliged to maintain confidentiality of these GTC – Depression Specialists towards third parties.

10. Duration and Termination

10.1 The contract between SOFY and the depression specialist has an unlimited duration and can be terminated by both parties at any time without notice. In this case the depression specialist must immediately delete his user account or SOFY is entitled to immediately cancel the access of the depression specialist to his user account.

11. General Provisions

11.1 Should individual provisions of these GTC Depression Specialists be or become ineffective, or should an essential point not be regulated, the effectiveness of the remaining provisions remains unaffected.

11.2 These GTC – Depression Specialists are subject to the application of Austrian law. The referral rules of private international law and the UN Convention on Contracts for the International Sale of Goods are not applicable, unless mandatory conflict of laws rules conflict.

11.3 The place of jurisdiction for all disputes arising from this contractual relationship is the competent court in Klosterneuburg, Austria.