General Terms and Conditions

for patients

General information
1. SOFY GmbH (hereinafter referred to as “SOFY”) is a company registered in the Austrian commercial register under FN 488003 b, which provides a platform with (paid) products for the treatment of depression (hereinafter referred to as “Products”) under the edupression.com® brand at the web address (hereinafter referred to as the “Website”) and via mobile applications. In particular, the self-help programme with psychoeducational content (hereinafter “Psychoeducation”) and a mood diary are made available via this platform. In addition, SOFY also provides certain free products (hereinafter referred to as “free products”). The products and the free products are described in more detail in the service description under point 3 of these GTC and in particular on the website.
2. The products and free products provided by SOFY are not a substitute for medical or psychotherapeutic treatment
3. If you have suicidal thoughts or plans or if they occur during the use of our products or free products, you must immediately contact a psychiatric emergency centre, the known emergency numbers (especially rescue services) or a psychiatrist. Our products and free products are not suitable for such situations.
4. SOFY provides the products and free products exclusively for natural persons of legal age. The use of the products or free products by minors requires the prior consent of the minor’s legal guardian(s).
Scope of application
1. These General Terms and Conditions (“GTC”) apply to all products and free products provided by SOFY in the edupression.com® area. SOFY concludes contracts with customers and provides the products and free products to users only under the application of these GTC in the currently valid version. These GTC apply in the version valid at the time the respective contract is concluded. The user is requested to read these GTC carefully before using the products and free products
Service description
1. The products provided by SOFY to users currently include the digital medical product and self-help programme Psychoeducation as well as the digital medical product Mood Chart and a supervised forum. SOFY also provides a cockpit (dashboard) for users and for depression specialists (experts in the field of depression treatment such as doctors, psychologists and psychotherapists). The free products currently include a specialist newsletter, certain contents of the self-help programme and a simplified version of the mood chart. Further information is available on the website. The products ordered by the user in the booking process form part of the contract between SOFY and the user. The provision of the free products can be cancelled, restricted or changed by SOFY at any time without giving reasons.
2. The conclusion of a contract between SOFY and the user on the basis of these GTC does not establish a contractual relationship between the depression specialist and the user. Furthermore, SOFY does not mediate the conclusion of a contract between the depression specialist and the user. The depression specialist and the user must conclude a treatment contract independently. The contractual relationship between SOFY and the depression specialists based on the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) – for depression specialists remains unaffected by the contract between SOFY and the users.
Establishment of the contractual relationship
1. A contract between SOFY and the user is concluded when the user books one or more products or free products.
2. Before concluding the contract, the user must register and create a user account on the SOFY website or mobile application as part of their order (booking). The user must enter his e-mail address and select a password. The user is obliged to keep his password secret and to protect it sufficiently against unauthorised access by third parties. When ordering (chargeable) products, the user must enter certain additional data (as shown on the website), e.g. the data required for payment processing. This information must be provided truthfully. SOFY is authorised to refuse the registration of users without giving reasons. As part of the registration process, the user account is created for the user. After registration, the user receives a confirmation of receipt of the registration. Upon transmission of the confirmation, the contract for the provision of the products and the free products is concluded.
Prices and terms of payment
1. The prices for the provision of the products are shown on the website. The prices and conditions published on the website at the time the contract is concluded shall apply. The stated price includes statutory VAT and other price components and is due for payment immediately upon conclusion of the contract. If a subscription option is taken out, payment is made monthly in advance.
2. The payment options listed on the website are available to the user.
3. In the event that SOFY has entered into a contractual relationship with a company, health insurance company, other legal entity or depression specialist (hereinafter referred to as “third-party purchaser”) for the provision of products and a user is an employee or authorised beneficiary of the third-party purchaser, the user concerned may use the products free of charge. In this case, the terms of use for the products are agreed between the user and the third-party purchaser and in the contract between SOFY and the third-party purchaser. Apart from the provisions in this point 4, the GTC shall also apply unchanged to the relationship between SOFY and the user in this case.
4. In the event of default in payment, the user undertakes to pay the statutory default interest on the total amount owed. Furthermore, to the extent permitted by law, the user owes compensation for reasonable and necessary judicial and extrajudicial debt collection measures.
Right of cancellation
1. The user is entitled to withdraw from the contract within 14 days from the conclusion of the contract without giving reasons. For the purpose of exercising the right of cancellation, the user must send SOFY a clear declaration (e.g. by post, fax or email) of the decision to cancel this contract. To meet the cancellation deadline, it is sufficient for the user to send the declaration of exercising the right of cancellation before the cancellation period expires. Users can use the sample cancellation form available on the website.
  
  Cancellation form (rtf file)
2. The cancellation notice must be sent to the following SOFY contact details:
  The cancellation notice must be sent to the following SOFY contact details:
  SOFY GmbH,
  Am Renninger 8,
  3400 Klosterneuburg, Austria
  Phone: +49 151 55690860
  E-mail: info@sofy.group
Obligations of the users
1. Users must provide the hardware and software required to use the website and the products as well as free products and the necessary Internet access or telephone connection themselves.
2. Users must comply with all applicable statutory and other legal provisions and all obligations under these GTC when using the products and free products. In particular, users must refrain from the following:
  - The storage, publication and transmission of unlawful content or content that violates the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights;
  - unlawful threats, insults, discrimination or harassment of other persons on the grounds of gender, race, religion or beliefs;
  - the storage or transmission of personal data of other users, unless the data subjects have consented to this or a legal authorisation exists
  - the use of the products or free products to commit criminal or unlawful acts (e.g. spamming, hacking, etc.),
  - misuse of the products or free products with fraudulent intent or toleration of misuse by third parties; granting third parties access to the user account of the user or allowing third parties to use the products or free products on an ongoing basis without the prior consent of SOFY.
3. In the event of a breach of a contractual obligation by the user (in particular in accordance with this point 7 and point 10), SOFY is authorised to block the user’s access to his/her user account until the contractually compliant state is restored.
Changes to customer data, receipt of declarations
1. The user is obliged to inform SOFY immediately of the loss of his/her legal capacity.
2. If the user has not received declarations because he/she no longer uses SOFY via the e-mail address specified in point 4.2. for the user account and has not made changes to this electronic address and SOFY has sent declarations to this address, these declarations shall nevertheless be deemed to have been received by the user. This provision does not apply to consumers.
3. Legally significant declarations by SOFY can also be sent to the user via SMS messages, via posts in the activity feed of the user account or to an e-mail address provided by the customer for these purposes.
Liability
1. In the event that users have concluded a treatment contract with a depression specialist and the products and/or free products are used, SOFY is not liable for damages or costs of any kind incurred by the user from their contractual relationship with the depression specialist. Furthermore, SOFY is not liable for ensuring that the depression specialist complies with the existing public law requirements for the provision of its services, e.g. with regard to data protection, etc.
2. The products and free products provided by SOFY are also used by other users. SOFY always endeavours to ensure that the products are available without interruption and that transmissions are error-free. However, due to the nature of the Internet, this cannot be guaranteed. The user’s access to the website or user account may also occasionally be interrupted or restricted in order to enable repairs, maintenance or the introduction of new facilities or services. The user is therefore not entitled to uninterrupted availability or constant functionality of the products and free products.
3. Unless otherwise stipulated in these GTC, SOFY is only liable – with the exception of personal injury – in cases of intent or gross negligence.
4. The individual medical response to the therapy depends on a wide range of influencing factors and cannot be guaranteed in individual cases, as is the case with drug therapy.
5. In cases of slight negligence, liability shall be limited in terms of reason and amount to foreseeable damage typical of the contract.
6. Liability is completely excluded for the provision of products free of charge.
Copyright and industrial property rights
1. The products, free products, website, underlying software and database and other content provided by SOFY are protected by copyright. Processing, reproduction, distribution and any kind of utilisation by the user 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.
2. Subject to compliance with these GTC and all other applicable and any other contractual provisions, SOFY grants the user the non-exclusive and non-transferable right to use the website and the products as well as free products. The right to use the programme expires at the end of the contract term. The user is not authorised:
  - to make its access available to third parties, in particular to rent, lend, reproduce, resell or otherwise distribute or pass it on;
  - to use the products and free products for commercial or business activities, in particular to provide services for third parties in return for payment;
  - to activate and use the functionalities of the website or the products as well as free products for which no rights of use have been granted;
  - modify, translate, reproduce, decompile or analyse the source code of the website or the products or free products, except to the extent permitted by law.
Term and termination
1. The term of the contracts between SOFY and the user for (chargeable) products is regulated on the website. Fixed-term products end at the end of the term specified on the website for the product in question (e.g. at the end of the duration of the learning modules). Open-ended products (e.g. the provision of the mood chart) can be cancelled informally by either party at any time subject to a notice period of 2 weeks. For reasons of data minimisation and data protection, free products (free trial accounts) can be deleted by SOFY after 3 weeks of inactivity.
2. The right of both parties to premature extraordinary termination for good cause remains unaffected. Good cause for extraordinary termination by SOFY includes, among other things, a breach of the user’s obligations in accordance with point 7.
General provisions
1. Should individual provisions of these GTC be or become invalid, or should an essential point not be regulated, the validity of the remaining provisions shall remain unaffected.
2. These GTC are subject to the application of Austrian law. The conflict of laws rules of private international law and the UN Convention on Contracts for the International Sale of Goods shall not apply, unless mandatory conflict of laws rules provide otherwise.
3. The place of jurisdiction for all legal actions arising from a contractual relationship with SOFY is, as far as legally permissible, the competent court in Klosterneuburg, Austria. For legal actions concerning a contract between SOFY and a consumer within the meaning of the Consumer Protection Act, the place of jurisdiction in whose district the consumer has his domicile, habitual residence or place of employment shall be deemed agreed.

edupression.com®

General Terms and Conditions

for Patients

Valid for edupression.com/ch – Swiss market

Status: July 2026

1. General Information

1.1 SOFY GmbH (hereinafter “SOFY”) is a company registered in the Austrian Commercial Register under FN 488003 b, with its registered office at Am Renninger 8, 3400 Klosterneuburg, Austria. Under the brand edupression.com®, SOFY operates the website https://edupression.com/…ch (hereinafter “Website”) as well as mobile applications, through which it provides a platform offering paid products in the field of depression treatment. In particular, this platform provides a self-help program with psychoeducational content (hereinafter “Psychoeducation”) as well as a mood diary. In addition, SOFY also offers certain free products. The products and free products are described in more detail in the service description under Section Statement of Work of these Terms and Conditions and on the Website.

1.2 The products provided by SOFY, including those offered free of charge, are not a substitute for medical or psychotherapeutic treatment.

1.3 If you are experiencing suicidal thoughts or are making plans to commit suicide, or if such thoughts or plans arise while using our products, you must immediately contact a psychiatric emergency clinic, Dargebotene Hand (Tel. 143, toll-free, 24 hours), the emergency medical services (Tel. 144), or a psychiatrist. Our products are not suitable for such situations.

1.4 SOFY provides its products and free products exclusively to natural persons of legal age (minimum age 18). Use by minors requires the prior consent of a parent or legal guardian.

2. Scope of Application

2.1 These General Terms and Conditions (GTC) apply to all products and free products provided by SOFY on edupression.com® for users residing in Switzerland. SOFY enters into contracts with customers and provides products and free products to users solely in accordance with these GTC, as amended from time to time.

2.2 These Terms and Conditions apply in the version in effect at the time the respective contract is concluded. Users are asked to read these Terms and Conditions carefully before using the products and free products.

3. Statement of Work

3.1 The products provided by SOFY to users include, in particular:

The digital self-help program with psychoeducational content (psychoeducation) as a digital medical device
The Mood Chart as a Digital Medical Device
A dashboard for users and for depression specialists (doctors, psychologists, psychotherapists)

Products currently available free of charge include a subject-specific newsletter, certain content from the self-help program, and a simplified version of the mood chart. More information is available on the website.

3.2 The conclusion of a contract between SOFY and the users does not establish a contractual relationship between the depression specialists and the users. SOFY does not facilitate the formation of such a contract. Any treatment contract between depression specialists and users must be concluded independently.

3.3 SOFY may suspend, restrict, or modify the provision of free products at any time without providing a reason.

4. Establishment of the Contractual Relationship

4.1 A contract between SOFY and the user is formed upon the purchase of one or more products or the booking of free products.

4.2 Before concluding the contract, users must register and create a user account when placing an order on the website or through the mobile app. To do so, they must enter an email address and choose a password. Users are required to keep their password confidential and take adequate measures to protect it from unauthorized access by third parties.

4.3 When purchasing a paid product, users must enter the information required for payment processing. This information must be accurate. SOFY reserves the right to reject a user’s registration without providing a reason.

4.4 Beim Kauf eines kostenpflichtigen Produkts müssen Nutzer die für die Zahlungsabwicklung erforderlichen Angaben machen. Diese Angaben müssen korrekt sein. SOFY behält sich das Recht vor, die Registrierung eines Nutzers ohne Angabe von Gründen abzulehnen.

5. Prices and Payment Terms

5.1 The prices for the provision of the products are listed on the website. The prices and terms published on the website at the time the contract is concluded apply. The listed price includes Swiss value-added tax (VAT) at the applicable standard rate (currently 8.1%) and is due immediately upon conclusion of the contract. All prices are quoted in Swiss francs (CHF).

5.2 With this purchase, users receive a 3-month license to use edupression.com®.

5.3 Users can choose from the payment options and processes listed on the website. Purchases are processed through our partner, MediService AG (contact@mediservice.ch), using their contact information and the following payment methods:

Credit card
PayPal

5.4 In the event of late payment, users agree to pay statutory late-payment interest on the total amount owed in accordance with the provisions of the Swiss Code of Obligations (CO). Furthermore, to the extent permitted by law, users are liable for reimbursement of reasonable and necessary debt collection costs.

6. Returns and Cancellations

6.1 The Swiss Code of Obligations does not provide for a general statutory right of withdrawal for digital products that can be used immediately after purchase. Use of the product begins immediately upon redemption of the personal activation code. In principle, there is no right of return after the activation code has been redeemed.

6.2 If, after purchase but before redeeming the activation code, a product does not meet the specified specifications, users are entitled to the statutory rights regarding defects under OR Art. 197 et seq. Any claims for defects must be submitted in writing to SOFY immediately, and no later than seven days after becoming aware of the defect.

6.3 Notices of withdrawal and reports of defects should be sent to SOFY using the following contact information:

SOFY GmbH, Am Renninger 8, 3400 Klosterneuburg, Austria

Phone: +49 151 55690860

E-Mail: info@sofy.group

7. User Responsibilities

7.1 Users must provide their own hardware, software, and Internet access necessary to use the website and the products.

7.2 When using the products, users must comply with all applicable legal regulations, in particular Swiss law, and all obligations set forth in these Terms and Conditions. In particular, users must refrain from:

The storage, publication, and transmission of illegal content or content that infringes on the rights of third parties
Unlawful threats, insults, discrimination, or harassment of others
The storage or transmission of other users’ personal data without their consent
The use of the products to commit illegal acts (e.g., spamming, hacking, etc.)
The misuse of the products for fraudulent purposes or the condoning of such misuse by third parties
Granting third parties access to the user account or permitting third parties to use the products without SOFY’s prior consent

7.3 In the event of a breach of a contractual obligation by the user, SOFY is entitled to suspend access to the user account until compliance with the contract is restored.

8. Changes to Customer Information, Submission of Statements

8.1 Users are required to notify SOFY immediately if they lose their legal capacity.

8.2 If a user has not received notifications because SOFY can no longer reach him or her via the email address on file in the user account and the user has not notified SOFY of any changes to that address, notifications sent to the last known address shall nevertheless be deemed to have been received. This provision does not apply to consumers.

8.3 If a user has not received notifications because SOFY can no longer reach him or her via the email address on file in the user account and the user has not notified SOFY of any changes to that address, notifications sent to the last known address shall nevertheless be deemed to have been received. This provision does not apply to consumers.

9. Liability

9.1 In the event that users have entered into a treatment agreement with depression specialists and use the products in connection with such an agreement, SOFY shall not be liable for any damages or costs of any kind arising from this contractual relationship with the depression specialists.

9.2 SOFY always strives to keep its products available without interruption and to ensure error-free data transmission. However, due to the nature of the Internet, this cannot be guaranteed. Access to the website or user account may occasionally be interrupted or restricted to allow for repairs, maintenance, or the introduction of new services. Users are not entitled to uninterrupted availability.

9.3 Unless otherwise provided in these Terms and Conditions, SOFY shall be liable—with the exception of personal injury—only in cases of willful misconduct or gross negligence. Liability for slight negligence is limited in both basis and amount to foreseeable damages typical for this type of contract.

9.4 An individual’s medical response to treatment depends on a wide variety of factors and—just as with drug therapy—cannot be guaranteed in every case.

9.5 Liability for the provision of free products is entirely excluded.

10. Copyright and Industrial Property Rights

10.1 The products provided by SOFY, free products, the website, the underlying software and database, and other content are protected by copyright. Any modification, reproduction, distribution, or other use by users requires SOFY’s prior written consent. Downloads and copies of the website are permitted only for use in accordance with the terms of the agreement.

10.2 Subject to compliance with these Terms and Conditions, SOFY grants users the non-exclusive and non-transferable right to use the website and the products. The right of use expires at the end of the contract term. Users are not permitted to:

To allow third parties access to your account, in particular by renting, lending, reproducing, reselling, or otherwise disclosing it
To use the products for commercial or business activities, in particular to provide services to third parties for a fee
To activate and use features of the website or products for which no rights of use have been granted
To modify, translate, reproduce, decompile, or analyze the source code of the website or the products, unless permitted by law

11. Term and Termination

11.1 The term of contracts for paid products is specified on the website in each case. Time-limited products expire at the end of the term specified on the website for the product in question (for example, after 3 months for the Standard User License).

11.2 Perpetual products may be terminated informally by either party at any time, subject to a two-week notice period.

11.3 For data minimization purposes, free products (free trial accounts) may be deleted by SOFY after three weeks of inactivity.

11.4 The right to terminate the agreement for cause remains unaffected. A breach of the user’s obligations under Section User Responsibilities constitutes cause, among other things.

12. General Provisions

12.1 If any provision of these Terms and Conditions is or becomes invalid, or if any material matter is not addressed, the validity of the remaining provisions shall remain unaffected (severability clause).

12.2 These Terms and Conditions are governed by Swiss law, in particular the Swiss Code of Obligations (OR), to the exclusion of the conflict-of-laws provisions of private international law and the UN Convention on Contracts for the International Sale of Goods, unless mandatory conflict-of-laws provisions provide otherwise. For users residing in the EU, the mandatory consumer protection provisions of the respective EU member state remain unaffected.

12.3 The place of jurisdiction for all claims arising from a contractual relationship with SOFY is, to the extent permitted by law, the competent court in Zurich, Switzerland. For claims relating to a contract between SOFY and a consumer as defined by Swiss consumer protection law, the place of jurisdiction shall be deemed to be the consumer’s place of residence or habitual residence.

12.4 SOFY is entitled to amend these Terms and Conditions with reasonable notice of at least 30 days. The amended Terms and Conditions shall be deemed accepted if users do not object to the amendment within 30 days of notification and this was indicated accordingly in the notification.

SOFY GmbH · Am Renninger 8 · 3400 Klosterneuburg · Austria

E-Mail: info@sofy.group · +49 151 55690860

Data protection officer: datenschutz@edupression.com