General Terms and Conditions for patients General information 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 https://edupression.com (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. The products and free products provided by SOFY are not a substitute for medical or psychotherapeutic treatment 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. 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 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 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. 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 A contract between SOFY and the user is concluded when the user books one or more products or free products. 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 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. The payment options listed on the website are available to the user. 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. 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 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) 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, AustriaPhone: +49 151 55690860E-mail: info@sofy.group Obligations of the users 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. 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. 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 The user is obliged to inform SOFY immediately of the loss of his/her legal capacity. 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. 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 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. 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. Unless otherwise stipulated in these GTC, SOFY is only liable – with the exception of personal injury – in cases of intent or gross negligence. 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. In cases of slight negligence, liability shall be limited in terms of reason and amount to foreseeable damage typical of the contract. Liability is completely excluded for the provision of products free of charge. Copyright and industrial property rights 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. 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 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. 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 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. 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. 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.