1.3. As part of the service of Soulchat, Soulchat enables the User to communicate with a consultant provided by Soulchat via a digital communication platform. In doing so, Soulchat aids and support services to address personal crises, problems and comparable psychological issues of the User. This may also include health information from the users.
1.4. The use of the service of Soulchat is primarily enabled through the communication platforms of WhatsApp (a service of Facebook Inc.) and Microsoft Teams (a service of Microsoft Corp.). The provision of the platform is not subject of the service of Soulchat and to be provided by the user at his own expense.
1.5. The user must be at least 16 years old to use the service of Soulchat (so-called minimum age).
2. Scope and amendment of these terms and conditions
2.1. By using the service of Soulchat the user agrees to the present terms and conditions. Deviating and supplementary individual contractual agreements between the user and Soulchat take precedence over the provisions of these terms and conditions.
2.2. The commercial use or further distribution of the offers of Soulchat by the user is prohibited.
2.3. Soulchat is entitled to change these conditions if the user agrees to the change. The user's consent shall be deemed to have been given if Soulchat has notified the user in text form of the proposed amendment to the terms and conditions at least 6 weeks prior to the proposed date of its entry into force and the user has not objected in text form within 6 weeks thereafter. Soulchat undertakes to inform the user with the notice of change about the respective changes and by special, highlighted reference to the approval effect of an omitted timely objection.
2.4. Soulchat is entitled to change provisions of these terms and conditions, which do not lead to or affect a substantial reorganization of the contractual structure, at any time and without stating reasons, provided that such change does not lead to a reorganization of the contractual structure. The essential provisions of the contract structure shall include provisions relating to the type and scope of the contractually agreed services, the term and termination of the contract. There are no verbal or written collateral agreements.
3. Exclusion of use
3.1. The service of Soulchat is not intended as a substitute for specifically indicated and, if applicable, medically recommended or ordered therapeutic medical and psychotherapeutic consultations and services.
By using the service of Soulchat you agree to use the service only for the intended information and communication purposes and in particular not for concrete medical purposes and no claim is made for a concrete medical service by persons acting on behalf of Soulchat.
3.2. The service of Soulchat does not replace a visit to a doctor or a concretely indicated or ordered psychological service and the use is at the user's own responsibility. If the user suffers from physical or psychological ailments and is not under medical treatment, it is urgently indicated that the user necessarily consults a doctor or psychotherapist. The medical causes of a specific illness can only be determined and treated by a doctor. Soulchat does not offer medical or psychotherapeutic services. In particular, in the event of the appearance of symptoms of illness, concrete physical ailments or deterioration of a health condition in connection with the use of Soulchat's services, the use should be terminated, and medical assistance sought.
4. General scope of services
4.1. The Soulchat service is made available to users via the digital platforms WhatsApp and Microsoft Teams. Via these platforms, the respective users can communicate with Soulchat's counselors. Soulchat provides help and support services via its consultants to deal with personal crises, problems, and comparable psychological issues of the users. The customer has no legal claim to immediate use of the service and a request for service provision is basically dependent on acceptance on the part of Soulchat.
4.2. Furthermore, Soulchat offers live online events to the User as a service. These are provided via the tool "Zoom" of Zoom Video Communications, Inc. Soulchat uses "Zoom" to conduct telephone conferences, online meetings, and video conferences in particular for the offered live online coaching. Soulchat provides an online appointment scheduling service for conducting bookings especially for the live online coaching sessions. When the user presses on the online appointment making link, he will be connected to the appointment making page. After choosing an appointment, confirming, and entering contact information and concerns the customer will receive an email confirming the appointment. If the user does not cancel the appointment at least 24 hours before the start of the appointment, Soulchat is entitled to charge the agreed fee even if the user does not participate. Soulchat reserves the right to unilaterally cancel appointments with the customer for legitimate reasons.
4.3. Soulchat collects from the user the transmitted and provided data especially regarding the state of health, if applicable in connection with physical activities and taken medication as well as other data about the body. These personal data are health data in the sense of the basic data protection regulation.
4.4. The services offered by Soulchat are generally subject to a fee. However, unless otherwise agreed between the user and Soulchat, the cost debtor for the chargeable services is the user himself. However, the use of the service is also possible if an agreement has been made between Soulchat and a third party, e.g., the user's employer, for the latter to bear the costs. In this case Soulchat will provide its service to the user if it can prove a corresponding right of use of such a cost debtor.
4.5. The right to use the service on the part of the user is, as far as a third party - the cost debtor - assumes the payment obligation, dependent on the fact that the cost debtor fulfills his obligations, in particular the payment obligations from the contract and the framework contract is not terminated or no longer exists due to other possible termination circumstances. If the cost debtor does not fulfill his obligations from the framework agreement between him and Soulchat and/or the framework agreement is terminated or otherwise terminated, Soulchat is entitled to immediately stop the service towards the user.
4.6. The user may terminate the use of the service at any time by notifying Soulchat via the chat or by sending a corresponding message to soulchat.co.
4.7. Soulchat reserves the right to change the services at any time and to provide certain or all services only against payment. In this case Soulchat will inform the user and make an offer to use the services for a fee. The user is free to decide for the then chargeable further use or to terminate the use.
4.8. Soulchat does not undertake to back up data for the user and does not assume any contractual assurances, guarantees or warranties beyond the legal regulations, unless otherwise agreed in individual cases.
5. Login/ Registration
5.2. Soulchat is not obligated to confirm or accept registrations of users and may reject users at its sole discretion, e.g., if they may disrupt or distort the service or who actually disrupt or distort the service. Soulchat can also declare the confirmation of the registration or the acceptance of the user's order by activating the respective offer, i.e., without issuing a concrete written declaration to the user.
6. Rights and obligations of the user
6.1. The transfer of the user account (for communication via Teams), the end device (for communication via WhatsApp to Soulchat) or other possible accounts for communication with Soulchat to third parties is not permitted. The user may use the services of Soulchat only for his own private or with Soulchat agreed further purposes.
6.2. The service or parts of the services may be subject to copyright protection. The user exclusively receives a simple, non-exclusive, non-transferable, and revocable right for the personal use of the provided services/software on the part of Soulchat.
6.3. The user is furthermore not permitted to
allow third parties to access or use the Services, e.g., an unspecified group of people by using the Services in public areas (such as cinemas, theaters, exhibitions, show rooms, hotels, bars, restaurants or other public spaces);
make the access data sent or used for authentication and identification available to third parties or pass them on to third parties, as well as circumvent access control systems or take other measures to use services without authorization;
post or distribute content to distribute content that is illegal, misleading, malicious, discriminatory, pornographic, threatening, abusive, obscene, defamatory, ethically offensive, glorifies violence, harassing, unsuitable for minors, racist, inciting hatred of the people, xenophobic or otherwise abhorrent and/or reprehensible, as well as free of viruses, worms, Trojans or other malicious malicious code that may jeopardize or impair the functionality of the services;
Remove or obscure any copyright notices and/or notices of trademarks or other proprietary rights of Soulchat, Soulchat affiliated companies or third parties;
transfer or assign any rights or obligations under these Terms to any third party.
6.4. The use of Soulchat's services may be reserved to persons who meet certain requirements (see in particular the minimum age requirements in these Terms). The user is responsible for ensuring that the services are only available to persons who meet these requirements. In particular, the user undertakes to comply with the applicable provisions on the protection of minors from content harmful to minors.
6.5. The user must consider contractual agreements with third parties, especially his internet access provider as well as Microsoft Inc. or Facebook Inc. when using Soulchat.
6.6. In order to be able to use the offer of Soulchat to the full extent, the user has to update his software continuously, e.g. install current browser technologies or operating system updates of the respective end devices and used app and programs. It may also be that certain activations are required to fully use the service (e.g. activation of Java script, cookies, pop-ups). If older or not commonly used software is used, it may be that the user can only use the services of Soulchat in a limited way.
6.7. The user is only entitled to a right of set-off if his counterclaim against Soulchat is legally established, undisputed or acknowledged. The user has a right of retention only if and insofar as his counterclaim is based on the same contractual relationship.
7.1. The contents of Soulchat that can be called up on the websites and services are subject to worldwide copyright unless otherwise indicated. Any reproduction, editing, distribution and any kind of exploitation of the contents, services and software require the written consent of Soulchat.
7.2. By using the service (and / or providing input information) the user does not obtain any legal right, title or interest in the service or software. The Service and the Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
8.1. The provided services of Soulchat were and are created with the utmost care. For the accuracy, completeness and timeliness of the content Soulchat can not guarantee. Soulchat is in no way liable for user content such as chat histories. The user is solely responsible for the backup of his personal user content. Soulchat shall have no liability for the deletion, corruption, or failure to store User Content maintained or transmitted through the use of the Service, except for liability required by applicable law.
8.2. Use of Soulchat's Service is expressly at your own risk. Product descriptions are not deemed guaranteed unless separately agreed in writing. Soulchat does not guarantee that the Service can be used to achieve specific interests or therapeutic success.
8.3. Soulchat expressly points out to the user that any exercises, recommendations and information presented in the context of the services provided are designed for averagely healthy and physically and mentally resilient users and that the user implements any recommendations or assistance on his own responsibility.
8.4. Soulchat is liable for contractual and other claims of the user on the merits only for damages of the user
(a) which Soulchat, its legal representatives or vicarious agents have caused intentionally or by gross negligence,
(b) from injury to life, body, or health, which is based on a breach of duty by Soulchat or one of its legal representatives or vicarious agents,
(c) in cases of liability according to the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and
(d) caused by the breach of an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user regularly relies on and may rely (so-called cardinal obligation).
8.5. Soulchat's liability in the above cases (a), (b) and (c) of the preceding paragraph is unlimited in amount. In all other cases the liability is limited to the foreseeable damage typical for the contract.
8.6. In cases other than those mentioned in paragraphs (a), (b) and (c) of the preceding paragraph and without prejudice to the following paragraph Soulchat's liability is excluded irrespective of the legal ground.
8.7. The limitations of liability shall apply accordingly to all bodies, employees and vicarious agents of Soulchat. They do not cause any change in the legal burden of proof.
9. Other provisions
9.1. Soulchat endeavors to enable a trouble-free operation of its services and to keep them available as permanently as possible but points out that a complete or uninterrupted availability is technically not feasible and therefore does not guarantee a trouble-free operation or a certain availability. Soulchat may restrict access to the services without giving reasons - in whole or in part as well as temporarily or permanently. Soulchat is entitled at any time to change, remove, and make available new content, services and functionalities provided or to discontinue the service altogether; this also includes the introduction of a cost obligation for all or certain services or their partial or complete discontinuation.
9.2. Soulchat is entitled to transfer the rights and obligations arising from the legal relationship to a third party. Soulchat will inform the user in writing about the transfer; the user is then entitled to an extraordinary right of termination.
9.3. German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.4. The agreed place of jurisdiction for all disputes arising from the contractual relationship between the user and Soulchat is the registered office of Soulchat, provided that the user is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding the foregoing, Soulchat shall also be entitled to sue the user at his legal place of jurisdiction.
9.5. In case of complaints about Soulchat, the User may at any time contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/. Soulchat is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
9.6. Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision the effects of which most closely approximate the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis if the provisions prove to be incomplete.