General Terms and Conditions

(T&Cs) of SOFY GmbH (Product®)

1. General

1.1 SOFY GmbH (hereafter “SOFY”) is a registered company in the Austrian Commercial Register under the number FN 488003 b, which provides a (fee-based) platform with Products in the field of depression treatment (hereafter „Products“) under the trademark®, under the web address (hereafter “Website”) and via mobile applications. The platform principally provides self-help-programs with psychoeducational content (hereafter „psychoeducation“) as well as a mood chart. In addition, SOFY also provides certain free information and Products (hereafter „Free Products“). The Products are presented in more detail in the service description under Clause 3. of these terms and conditions and on the Website, in particular.

1.2 The Products and Free Products provided by SOFY are not a substitute for medicinal or psychotherapeutic treatments.
1.3 Should you currently be experiencing suicidal thoughts, have plans to commit suicide, or if these occur while using our Products or Free Products, you must immediately contact a psychiatric outpatients department, a known emergency number (especially an ambulance service) or a psychiatrist. Our Products and Free Products are not appropriate for these situations.

1.4 SOFY provides Products and Free Products exclusively for adult individuals. The use of Products or free Products by underage individuals requires the prior agreement of the parent or guardian of the underage individual.

2. Scope

These General Terms and Conditions (T&Cs) apply to all Products and Free Products provided by SOFY in the domain®. SOFY only makes contracts with customers and provides Products and Free Products to Users if these T&Cs, in their respective version are applied. These T&Cs apply, as amended, at the time the contract is made. It is requested that the User reads through these T&Cs carefully before using Products and Free Products.

3. Service Description

3.1 Products provided by SOFY to Users currently include, among others, the digital medical device and self-help-program “Psychoeducation”, the digital medical device mood chart and a supervised forum. Furthermore, SOFY provides a cockpit (dashboard) for Users and depression specialists (experts in the field of depression treatment, e.g. doctors, psychologists, psychotherapists). . Free Products currently include a subject-specific newsletter, certain contents of the self-help-program and a simplified version of the mood chart. More detailed information is available on the Website. Products ordered by the customer in the booking process are each an integral part of the contract between SOFY and the User. The provision of Free Products can be suspended, limited or changed at any time by SOFY without giving reasons.

3.2 The conclusion of a contract between SOFY and the User on the basis of these T&Cs does not establish a contractual relationship between the depression specialists and the Users. Furthermore SOFY does not mediate the conclusion of a contract between the depression specialists and the User. The depression specialist and the User must independently conclude a medical treatment contract. The contractual relationship between SOFY and the depression specialists on the basis of the General Terms and Conditions (T&Cs) of SOFY GmbH (Product®) – for depression specialists remains unaffected from the contract between SOFY and the User.

4. Formation of Contract

4.1 A contract is made between SOFY and the User when the User books one or more Products or Free Products.

4.2 Before a contract is made, the User must sign up and create a user account on the Website or the mobile application of SOFY in the course of making their order (booking). The User must enter his or her email address and select a password. It is the duty of the User to keep their password secret and to secure it sufficiently against unauthorized access by third parties. In the event of ordering (paid) Products, the User must enter certain additional data (as shown on the Website), in particular, the data required for payment processing. The information given must be truthful. SOFY has the right to decline the registration of Users without giving reasons. During the registration the user account will be created. After registration, the User will receive confirmation of the receipt of registration. Upon transmission of the confirmation, the contract for the provision of the Products and the Free Products is concluded.

5. Prices and Payment Terms

5.1 The prices for the provision of Products are available on the Website. The prices and conditions published on the Website at the time the contract is made apply. The price quoted includes the statutory value added tax and other price components and is immediately due for payment when the contract is made. If a subscription is made, payment is made monthly in advance.

5.2 The payment options mentioned on the Website are available to the User.

5.3 In the event that SOFY has entered into a contractual agreement – with respect to the provision of Products – with a company, health insurer, other legal entity or depression specialist (hereafter „third-party buyer“), and a User is an employee or beneficiary of the third-party buyer, the User in question can use the Products for free. In this case, the terms of use for the Products will be agreed between the User and the third-party buyer and in the contract between SOFY and the third-party buyer. Apart from the regulations in point 4. below, in this case, the T&Cs also apply, unchanged, to the relationship between SOFY and the User.

5.4 In the event of late payment, the User is liable for the payment of statutory default interest on the total amount owed. Furthermore, to the extent permitted by the law, the User owes the reimbursement of the reasonable and necessary judicial and extrajudicial collection measures.

6. Right of Withdrawal

6.1 The User has the right to withdraw from the contract without giving any reasons within 14 days from the day of the conclusion of the contract. For the purpose of exercising the right of withdrawal, the User must provide SOFY with a corresponding unequivocal declaration of the decision to withdraw from this contract (for example, by post, fax or email). To meet the withdrawal deadline, it is sufficient that the User sends the declaration exercising the right to withdraw before the withdrawal period has expired. Users can use the model withdrawal form available on the Website.

6.2 The withdrawal notice must be sent to SOFY using the following contact details:

Am Renninger 8,
3400 Klosterneuburg, Austria
Telefon: +43 676 4760299

6.3 If a User withdraws this contract, SOFY will refund all payments already received from this User without undue delay, and in any event not later than fourteen days from the day on which SOFY is informed about the User´s decision to withdraw from this contract. Except in the case of a specific alternative agreement, SOFY will use the same method of payment used by the User to make the repayment. SOFY will not charge any fees for repayment.

6.4 However, the right to withdraw expires early on the purchase of Products if SOFY – with the User´s prior express consent and his acknowledgment that he loses his right of withdrawal if the performance of the Products by SOFY has begun early and after provision of a copy or confirmation of the contract concluded on a durable medium (e-mail) together with the mentioned confirmation of the User´s prior express consent and the User´s acknowledgement of the loss of the right of withdrawal – has begun with the performance of the Products before the withdrawal period has expired.

During the order process the User confirms the following passage: “I expressly agree, that you begin with the performance of the Products before the expiry of the withdrawal period. I acknowledge that I lose my right of withdrawal with giving this consent and the beginning of the performance of the Products by SOFY before the expiry of the withdrawal period and after provision of a copy or confirmation of the contract concluded on a durable medium (e-mail) together with the mentioned confirmation of my prior express consent and the acknowledgement of the loss of the right of withdrawal.”

7. User Responsibilities

7.1 Users must provide the necessary hardware and software for the use of the Website and Products as well as Free Products along with the necessary internet access and telephone connection.

7.2 Users must comply with all applicable statutory or other legal regulations and all obligations under these T&Cs when using the Products and Free Products. In particular, Users must refrain from the following:

The storage, publication and transmission of illegal content or content that violates the rights of third parties, in particular copyright or ancillary copyright, other property rights or personal rights;

The unlawful intimidation, abuse, discrimination or harassment of others on the basis of gender, race, religion or beliefs;
The storage or transmission of the personal data of other Users insofar as the persons concerned do not agree with it or no legal authorization exists;

The use of Products or Free Products for committing criminal or unlawful acts (e.g. spamming, hacking etc.);

The misuse of Products or Free Products with fraudulent intentions or acquiescence to misuse by third parties;

The granting of access to the user account of the User to third parties or giving permission to third parties to repeatedly use Products or Free Products without the prior consent of SOFY.

In case of a violation of a contractual obligation of the User (in particular according to this Point 7 and Point 10), SOFY is entitled to block the access to the User account until the contractual state is restored.

8. Changes to Customer Data, Receipt of Declarations

8.1 The User is obliged to inform SOFY immediately the loss of their contractual capability.

8.2 Should the User not receive declarations because he no longer uses SOFY via the e-mail address listed in item 4.2. for the user account and has not made changes to this electronic address, and SOFY has sent declarations to it, these declarations will still be deemed to have been received by the User. This term does not apply to Consumers.

8.3 Legally significant declarations from SOFY may also be communicated to the User via text message, via posts in the activity feed of the user account or to an e-mail address provided by the Customer for this purpose.

9. Liability

9.1 In case that the User entered into a medical treatment contract with a depression specialist in course of which the Products and/or Free Products are used, SOFY shall not be liable for damages or every kind of costs, which may be caused to the User arising from the contractual relationship with the depression specialist. Furthermore, SOFY shall not be liable for the depression specialist´s compliance with any public law obligations to which he is subjected when providing the services (e.g. data protection law).

9.2 Products and Free Products provided by SOFY are also used by other Users. SOFY always endeavours to ensure that Products are available without disruption 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 disrupted or restricted to allow for repair, maintenance or the installation of news facilities and Products. Therefore the User does not have the right of uninterrupted availability or permanent functionality of the Products and Free Products.

9.3 Provided that nothing else is regulated in these T&Cs, SOFY is only liable with the exception of damage to the person in the case 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.
The individual medical response to the therapy depends on a wide variety of influencing factors and – as with drug therapy – cannot be guaranteed in individual cases.

9.4 In cases of slight negligence, liability shall be limited to foreseeable damage typical of the contract, according to reason and amount.

9.5 Liability is completely excluded in the case of the provision of Free Products

10. Copyright and Industrial Property Rights

10.1 The Products, Free Products, Website, underlying software and database and other content provided by SOFY are protected by copyright. The adaptation, reproduction, distribution and every kind of exploitation by the User requires the prior written consent of SOFY. Downloads and copies of the Website are only permitted for contractual use. Copying, sharing, sending or publishing information and data in any form is therefore prohibited, unless the Website explicitly offers such a function.

10.2 SOFY grants the User the non-exclusive and non-transferable right to use the Website and Products, as well as Free Products, subject to compliance with these T&Cs and all other applicable and any other contractual terms. The right of use of the program expires at the end of the contract period. The User is not authorized,

to grant access to third parties, in particular to lease, lend, reproduce, resell or in any other way distribute and transfer;

to use the Products as well as 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 functionalities of the Website or Products, as well as Free Products, for which he or she was granted no rights of use;
to modify, translate, duplicate, decompile or examine the features of the source code of the Website or Products and Free Products, except as permitted by law.

11. Term and Termination

11.1 The term of the contracts between SOFY and the User for (paid) Products is always regulated on the Website. Temporary Products end after the expiry of the respective term specified on the Website for the Product concerned (for example, after the duration of the learning modules). Permanent Products (for example, the provision of the mood chart) can be terminated without a specific form by both parties at any time, subject to a notice period of 2 weeks. For reasons of data minimization and data protection, free products (free trial accounts) can be deleted by SOFY after 3 weeks of inactivity.

11.2 The right to early extraordinary termination by both parties for good cause remains unaffected. Good causes for an extraordinary termination by SOFY include, among others, breaches of duty of the User in accordance with Clause 7.

12. General Regulations

12.1 Should individual provisions of these T&Cs be or become ineffective or should a significant item not be regulated, the validity of the remaining terms remains unaffected.

12.2 These terms and conditions are subject to the application of Austrian law. The rules of international private law and the UN Sales Convention are not applicable, provided that there are no constraining conflict-of-law rules.

12.3 The place of jurisdiction for all claims arising from a contractual relationship with SOFY is, to the extent legally permissible, the competent court in Klosterneuburg, Austria. For claims concerning a contract between SOFY and a consumer within the meaning of the Austrian consumer protection law, the agreed place of jurisdiction shall be deemed to be that in which the consumer has their domicile, habitual residence or place of employment.

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