Terms & Conditions

(Status: 6. August 2021)

 

These General Terms and Conditions ("GTC") apply to the use of the programs offered at www.joinresilio.com and the platform itself.


Part A of the GTC shall apply to any use of the platform (including free use), Part B shall additionally apply in the event of contracts concluded against payment after the pilot phase. At the same time, the following GTC contain legal information on your rights according to the regulations on contracts in distance selling and electronic commerce.

 

The terms "user" and "users" used in the following include both users and users. The same applies to the term "therapist" - here, both genders are meant.  For reasons of readability, we use the female form for simplification, which is indicated by an *. 

 

Part A - General conditions for the use of the platform

 

The regulations in this part A apply to any use of the platform.
 

1 Basic principles and conclusion of contract


1.1 The platform is provided for the purpose and to the extent described in Section 3.

 

1.2 These GTC apply to consumers. According to the legal definition, a consumer is any natural person who enters into a legal transaction for purposes that can predominantly be attributed neither to his commercial nor to his independent professional activity.

 

1.3 If you use the platform for the first time and confirm these GTC in the context of your registration according to section 2, a contract of use between resilio and you is concluded. We reserve the right to refuse a contract with a user*in with or without giving reasons. The contract and the resulting rights and obligations are not transferable for the user.

 

2 Registration for a user account

 

2.1 In order to use the platform, you must register for a user account. As part of the registration process, you will be asked to provide personal data. You are required to provide true, accurate, current and (to the extent the information is marked as required and not optional) complete information.

 

2.2 Only users residing in Germany who are over 18 years of age at the time of registration and who have full legal capacity are eligible to register. By confirming these Terms of Use when registering for the first time, you declare that you are of legal age and have full legal capacity. Users who work directly or indirectly for a competitor of resilio are not allowed to register.

 

2.3 We point out that legal declarations (e.g. confirmation e-mail, changes to the terms and conditions) are sent to you by e-mail. You are obliged to notify resilio immediately of any change in the e-mail address through which you can receive declarations in accordance with these GTC.

 

2.4 The user account and the associated GTC are not transferable or inheritable.

 

2.5 The User* undertakes to keep her access data and passwords secret and to inform resilio immediately in writing or by e-mail if unauthorized third parties have become aware of the User*s usage data and/or passwords. The user is responsible for all actions taken by third parties using their access data and / or passwords with the consent or acquiescence of the user or without the consent or acquiescence of the user, provided that the user is at fault in this regard.

3 Use of the platform and scope of services


3.1 On the Platform resilio provides content (e.g. videos and web exercises) and group sessions (hereinafter also collectively referred to as "Programs") in the area of Mental Wellbeing. Should you take advantage of programs for which a fee is charged, the regulations in Part B of these General Terms and Conditions shall also apply.

 

3.2 Our programs are tailored to the Mental Wellbeing of people in acute mental crisis situations. In order to meet the needs of our users, especially in group sessions, for a safe space for free exchange, also on intimate topics, the contents of the group sessions are to be treated confidentially. Our therapists are also required to ensure the framework conditions for an open climate of discussion. In individual cases, they may also exclude persons who disturb the discussion atmosphere to the detriment of other users.

 

3.3 The programs provided are exclusively those that do not have a medical purpose and, in particular, do not have a psychotherapeutic or diagnostic effect with regard to diseases. We offer content-based psychosocial support by professionals (psychologists and psychotherapists) for people in acute times of crisis (similar to the pastoral care telephone) - and clearly distinguish our service from a psychotherapeutic service.

 

3.4 The user is prohibited from making audio and / or visual recordings (including photo and video recordings) during the use of programs, especially group sessions or final discussions with a therapist. The user is of course free to deactivate their own audio or video functions and to choose any user name within the framework of the programs, so that anonymous participation is possible in principle.

 

3.5 resilio provides the platform with respect to the programs available free of charge in the respective available form ("as is") and assumes in connection with the operation and free use of the platform under these Terms of Use no guarantees and assures no properties of the platform and / or the programs. In this context, the User* has no right to maintenance or support with respect to the Platform or Programs vis-à-vis resilio.

 

3.6 resilio operates the platform for a large number of users and therefore makes it available to the user in its respective generally provided version.

 

3.7 resilio may change, expand, restrict or discontinue the free use of the platform and the free programs at any time in terms of content, structure and scope without prior notice. If a change of the platform or the free programs requires an amendment of these terms of use, section 11 applies.

 

3.8 It should be noted that the data for the use of the platform is transmitted via telecommunications infrastructure and the Internet, which are sometimes subject to technical disruptions. Access and connection to the Internet are not subject to these Terms of Use and separate charges may be levied for this by your Internet provider.

 

4 Availability of the platform
 

4.1 resilio will endeavor to make the platform available in a manner suitable for use. We do not assume any further obligations with regard to availability, suitability or functionality. resilio is not obligated to guarantee certain gratuitous functionalities of the platform or other requirements, especially with regard to the availability of the platform.

 

4.2 We are, without prejudice to the provision in section 3.7, entitled to the partial or complete discontinuation of the availability of the platform, in particular, if the platform requires maintenance for technical and / or operational reasons or if defects of the platform must be eliminated.

 

4.3 resilio is entitled to use its affiliates and any other subcontractors in the provision of services from or in connection with these Terms of Use.

 

5 No warranties or guarantees for gratuitous use.
 

Insofar as resilio provides the Platform free of charge, any warranty or strict liability for defects that existed at the time of the conclusion of the contract is excluded in connection with the operation of the Platform. This does not apply in case of intent or gross negligence.

 

6 Rights of Use, Intellectual Property


6.1 For the duration of the User Agreement, the User shall be granted the non-exclusive, non-transferable and non-sublicensable right to use the platform and the programs contained therein exclusively for the purpose of their proper use in accordance with these GTC in the Federal Republic of Germany. The User may not modify, adapt, translate or in any way edit the platform and/or the programs or combine them with other software.

 

6.2 The User acknowledges that all trademark and other intellectual property rights and copyrights to the platform and the offers and information that resilio provides on the platform, resilio, its subcontractors and licensors are fully entitled. The User warrants to comply with all applicable laws, including but not limited to trademark, copyright and data protection laws, in the use of the platform and the use of other services provided to the User in this context.

 

 
7 Misuse
 

7.1 The User shall avoid all actions that could lead to threats to the security and stability of the Platform and shall not unauthorizedly retrieve information or data, interfere with the software of the Platform, penetrate data networks of resilio and transmit viruses, Trojans or other malicious programs.

 

7.2 The platform may not be used for racist, discriminatory, pornographic or illegal purposes, especially for fraud, data espionage and phishing.

 

7.3 resilio is, without prejudice to other rights under these terms and conditions (in particular to terminate), without prior notice, the right to block the use and the user account of the User*in the platform in whole or in part, if facts suggest that

the user violates these GTC or applicable laws,

the user is directly or indirectly working for a competitor of resilio and/or

such a blocking is required by law.

 

7.4 resilio will inform the user about such a block.

 

8 Freedom from remuneration
 

Subject to the use of paid programs in accordance with Part B of these Terms and Conditions, the use of the platform does not create any remuneration obligations between the parties.

 

9 Liability


9.1 In case of intent and gross negligence of resilio, a legal representative or vicarious agent of resilio, resilio is liable according to the statutory provisions. The same applies to injury to life, limb and health or liability under the Product Liability Act.

 

9.2 In case of slightly negligent caused property damage and financial loss by resilio, a legal representative or vicarious agents of resilio resilio is only liable in case of breach of an essential contractual obligation, but limited to the amount of the foreseeable and contract-typical damage at the time of conclusion of the contract. Material contractual obligations are those whose fulfillment enables the proper execution of a contract in the first place and on whose compliance the contracting parties may regularly rely.

 

9.3 As far as resilio provides services free of charge, resilio is liable in addition to the liability in accordance with the preceding paragraph only in gross negligence or intentional damage.

 

9.4 The above exclusions or limitations of liability also apply with regard to the liability of resilio's employees, workers, staff, representatives and agents, especially in favor of employees, representatives, bodies and their members, as far as their personal liability is concerned.

10 Indemnification
 

The user indemnifies resilio, resilio affiliated companies and subcontractors from all claims, damages and costs (including litigation and legal fees and costs for experts) that are asserted or arise from or in connection with a violation of these Terms of Use for which the user is responsible.

 

11 Changes to the Terms of Use


11.1 resilio is entitled to change these Terms at any time. Changes can be made in particular to adapt to applicable law or to implement changes for the further development of the platform. resilio will notify you of the amended GTC in writing or text form with a notice period of at least fourteen (14) days before the effective date. The amended GTC will become effective if you do not object to them in writing or in text form within the aforementioned period. resilio will separately inform you about these consequences in the notification. In case of your objection to the amendment, resilio is entitled to terminate the contract for the use of the platform at the earliest at the notified date of the entry into force of the amendment, if resilio cannot reasonably be expected to continue the contract. Other termination rights remain unaffected.

 

11.2 Otherwise, changes and additions to these GTC require text form. This also applies to the change of the form clause itself.

 

 
12 Data processing


resilio collects, processes and uses your personal data as described in our privacy policy.

 

13 Term and termination
 

13.1 The user contract is concluded for an indefinite period.

 

13.2 The contract may be terminated by either party at any time with immediate effect. For this purpose, a simple notification in text form (eg by e-mail to info@joinresilio.com).

 

13.3 If resilio terminates your account, you may not re-register unless resilio expressly permits you to do so in writing.

 

14 Applicable law and contract language
 

14.1 The entire legal relationship between the User* and resilio in relation to the use of the platform and contracts concluded through the platform shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Sales Convention.

 

14.2 The contract and negotiation language is German.

 

15 Online Dispute Resolution
 

The European Commission maintains an online dispute resolution platform as a central contact point for consumers and entrepreneurs who wish to settle disputes out of court. We do not participate in this and are not obliged to do so.
 

Part B - Special terms and conditions for paid programs

 

16 Addressees of the paid programs

 

The programs marked as paid on the platform are currently free of charge, as it is a pilot testing (closed beta). All programs are currently free of charge for persons who are accepted into the closed beta testing after a personal interview.

 
17 Conclusion of contract for paid programs

17.1 The presentation of the paid programs on the platform is merely a non-binding invitation to purchase them. It does not constitute a binding offer to sell. The offer to conclude a contract is made by you as the customer by clicking the order button after completely filling out the order page. 

 

17.2 There is no right to the conclusion of a contract; we are free to reject contract offers.

 

17.3 After sending the order and payment on the payment page, you will receive a confirmation e-mail, which represents the acceptance of your offer.

 

17.4 The foregoing shall also apply if you have already paid or instructed payment of the purchase price prior to the conclusion of the contract due to the payment method you have chosen. If, in this case, the contract is not concluded after all for any reason, we will inform you of this by e-mail and refund the advance payment without delay.

 

17.5 Your statutory right of revocation (see clause 20) shall remain unaffected by the above provisions.

 

17.6 The text of the contract (consisting of the order and the GTC) will be stored by us in compliance with data protection and sent to you with the confirmation e-mail. Via links on our platform, you can also call up the GTC when placing the order, save them on your computer and/or print them out.

 

18 Choice of date
 

18.1 If the User purchases paid programs that include group sessions and/or individual sessions with a therapist, the sessions can be scheduled in the User's account following the successful completion of the purchase process pursuant to Section 17.

 

18.2 There is a choice of different appointments which the User can book (subject to availability). Due to the limited number of Users in the group sessions, individual appointments may already be booked. A group session is led by a therapist and should take place with at least three (3) participants.

 

18.3 Cancellations or rebookings of appointments once booked in the customer account are generally not possible. However, if the User exercises her statutory right of cancellation in accordance with section 20 of these GTC within the statutory period after participating in booked appointments, the provisions in section 20.1 of these GTC shall apply.

 

18.4 If not at least three (3) participants have booked the respective appointment, resilio may cancel the appointment up to twelve (12) hours before the start of a group session by e-mail to the already registered participants. resilio may also cancel an appointment in individual cases if a therapist due to a sudden and unforeseeable event (eg illness) can not lead the session and no other therapist is available at short notice as a substitute. After a cancellation, resilio will contact the affected participants via customer service to arrange a replacement appointment. There will be no additional costs for the participants.

 

19 Prices and payment
 

19.1 The final prices listed on our platform include VAT and all other price components.

 

19.2 For the settlement of the purchase price, you will have several payment methods to choose from in the future.

 

19.3 Should you effectively revoke the contract, you will receive a refund.

 

19.4 In the event of a delay in payment, we may charge a lump-sum for damages caused by delay (reminder fee) in the amount of EUR 5.00 as of the second reminder. You reserve the right to prove that we have not incurred any damage or that the damage is significantly lower. Our statutory rights (e.g. interest on arrears, withdrawal, further damages) shall remain unaffected.

 
20 Right of withdrawal for consumers
 

20.1 Consumers have a statutory right of withdrawal when concluding a distance selling transaction, about which we provide information below in accordance with the statutory model. In section 20.2 you will find a sample withdrawal form.
Cancellation policy

 

Right of withdrawal

 

You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us ( e-mail: info@joinresilio.com by means of a clear statement (e-mail) of your decision to withdraw from this contract. You can use the attached sample withdrawal form for this purpose, but it is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.

 

Consequences of the revocation


If you revoke this contract, we shall reimburse you all payments we have received from you without undue delay and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.

 

20.2 About the model withdrawal form resilio informs as follows:
 

Model withdrawal form

 

(If you want to revoke the contract, please fill out and return this form).
- To e-mail: info@joinresilio.com:
- I/we () hereby revoke the contract concluded by me/us () for the purchase of the following goods ()/provision of the following service ().
- Ordered on ()/received on ()
- Name of the consumer(s)
- Address of the consumer(s)
- Signature of the consumer(s) (only in case of paper communication)
- Date(s)
(*) Delete where not applicable.