General Terms and Conditions for depression specialists 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. 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 The contractual relationship between SOFY and the depression specialist is governed by these General Terms and Conditions (“GTC for Depression Specialists”). 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 for depression specialists in the currently valid version. The depression specialist undertakes to read these GTC for depression specialists carefully before using the products or free products. In addition, SOFY concludes contracts with patients of depression specialists (and thus “users” of edupression.com®) subject to the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®) available at General Terms and Conditions for patients. 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 depression specialists. 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. 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 that is used to manage his patients who are users of SOFY’s products and/or free products. 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 have given their express consent for this access to be granted. This gives the depression specialist access to the content of the user’s dashboard (e.g. course history, reports, mood chart). The depression specialist also has the option of forming groups consisting of several users. The contract between SOFY and the depression specialist is free of charge. 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 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 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 to be familiar with the General Terms and Conditions (GTC) of SOFY GmbH (product edupression.com®). Establishment of the contractual relationship The contract between SOFY and the depression specialist is concluded when the depression specialist registers on the website, either on their own initiative or by invitation from a user, and SOFY subsequently agrees to conclude the contract with the depression specialist. Before concluding the contract, the depression specialist must register on the SOFY website or mobile application and create a user account. They must also select a password. The depression specialist is obliged to keep their password secret and to protect it adequately against unauthorised access by third parties. The user account for the depression specialist is created as part of the registration process. SOFY is authorised to refuse the conclusion of a contract with a depression specialist without giving reasons. Once the contract has been concluded, the depression specialist will receive a confirmation. Duties of the depression specialist Depression specialists 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. In the event 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 user concerned. Depression specialists must comply with all applicable statutory and other legal provisions and all obligations under these GTC – Depression Specialists and the General Terms and Conditions (GTC) of SOFY GmbH (edupression.com® product) when using the contractual services (point 3.2) and when using the products or free products in this regard vis-à-vis users. In particular, depression specialists must refrain from the following: The utilisation 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 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 users’ personal data, unless the respective user has given their consent or a legal authorisation exists; the utilisation of the contractual services and the use of the products or free products to commit illegal or unlawful acts (e.g. spamming, hacking, etc.), the utilisation 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) misuse of the contractual services and products or free products with the intention of committing fraud or tolerating misuse by third parties; the provision of the contractual services and products or products free of charge or the granting of access to the contractual services and products or products free of charge to third parties who are not users of the products; granting access to the depression specialist’s user account to third parties In the event of a breach of a contractual obligation of the depression specialist (in particular in accordance with this point 5 and point 8), SOFY is entitled to block the depression specialist’s access to his user account and to the cockpits (dashboards) of the users until the contractually compliant state is restored. Changes to data, receipt of declarations The depression specialist is obliged to inform SOFY immediately of any changes to the data registered by him/her and the termination of his/her activity as a depression specialist, regardless of the reason. If the depression specialist has not received declarations because he has not informed SOFY of the changes to his registered data listed in point 6.1, these declarations shall nevertheless be deemed to have been received by the depression specialist. Legally significant declarations by SOFY can also be sent to the depression specialist by text message or to an e-mail address provided by the depression specialist for this purpose. Liability Any liability of SOFY towards the depression specialist for claims that users assert against the depression specialist within the scope of their treatment contract with the depression specialist is excluded. This also applies to all possible claims that a user asserts against the depression specialist in connection with the use of the products or the free products. 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 depression specialist’s access to his user account and to the cockpits (dashboards) of the users is excluded. Furthermore, any liability of SOFY is excluded (as far as legally permissible) with regard to the free provision of services by SOFY. Copyright and industrial property rights The products, free products, website, underlying software and database and other content provided by SOFY are protected by copyright. The processing, reproduction, distribution and any kind of utilisation 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. Subject to compliance with these GTC – Depression Specialists and all other applicable and any other contractual provisions, SOFY grants the Depression Specialist the non-exclusive and non-transferable right to use the website and the products as well as free products, insofar as this is necessary for the use of the contractual services (point 3.2). The right of use expires at the end of the contract term. The depression specialist 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 contractual services as well as the products and free products for commercial or business activities, in particular for the provision of 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. Confidentiality and data protection The depression specialist is obliged to comply with all data protection regulations relevant to this contractual relationship (both in relation to SOFY and in relation to the users). The depression specialist is obliged to maintain the confidentiality of these GTC – Depression Specialists vis-à-vis third parties. Term and termination The contract between SOFY and the depression specialist has an indefinite term and can be cancelled by either party at any time without notice. In this case, the depression specialist must immediately delete their user account or SOFY is authorised to immediately cancel the depression specialist’s access to their user account. General provisions Should individual provisions of these General Terms and Conditions – Depression Specialists be or become invalid, or should an essential point not be regulated, the validity of the remaining provisions shall remain unaffected. These GTC – Depression Specialists 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 disputes arising from this contractual relationship is the competent court in Klosterneuburg, Austria.