Aktualisiert am: 23.02.2022

General terms of use and licence agreement for Senseble User

1 Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as „GTC“) apply to all services of Senseble Health GmbH, Isabellastraße 38, 80796 München (hereinafter referred to as „Senseble“), that are obtained by the user from Senseble via the website www.senseble.de, www.sensfit.de or via other services, such as the mobile app, emails, on-site health check-ups or coaching sessions via telephone or video call (hereinafter „Expert Coachings“).

1.2 Agreements deviating from the GTC must be made in text form; this also applies to the waiver of the text form requirement.

2 Scope of Services

2.1 Senseble’s offer may consist of the services described in clauses 2.2, 2.3, 2.4. The scope of the offer available to the user depends on the individual contractual agreement between Senseble and the user’s employer.

2.2 On-Site Health Check-Ups

Senseble offers health check-ups with which the user can get an evaluation of various health parameters on the premises of his employer. This screening is not intended to detect or rule out existing diseases and does not replace a routine or necessary doctor’s visit. The aim of the offer is to make the user aware of general health risk factors and to motivate him/her to become active for his/her own health.

2.3 Expert Coachings

2.3.1 The expert coaching sessions are one-on-one consultations via telephone or video call between the user and a Senseble expert. The expert coachings are offered in the areas of exercise, nutrition and mental health, in which the user can discuss with the Senseble consultant his current well-being, his health goals and suitable measures to achieve these goals. All Senseble experts bring extensive experience in working with clients and have a university degree relevant to their coaching category in the areas of sports science, nutrition science, psychology or a correspondingly comparable study degree.

2.3.2 The user has the option to book expert coaching sessions via the app during the contract period. Depending on the agreement between the user’s employer and Senseble, the number of possible coaching sessions per year may be limited. Consultations not used in one year expire without replacement and cannot be carried over to the following year.

2.3.3 Expert coaching sessions can be cancelled or rescheduled up to 24 hours prior to the start time without being charged to the user’s employer and deducted from the user’s contingent. Cancellations made less than 24 hours prior to the appointment, or appointments where the user does not show up within the first 15 minutes, will be billed to the employer and deducted from the user’s coaching contingent. The user can reschedule or cancel a booked Expert Coaching either through the app or through the link provided in the confirmation email. Expert Coaching sessions can also be cancelled or rescheduled without deduction from the contingent if the session cannot be held due to a failure or limited availability of the Senseble platform.

2.4 Senseble App

2.4.1 The Senseble app includes various functions with which the user can work on his or her health and wellbeing. The user can complete various training classes with video instructions, relaxation audio classes or knowledge classes on health topics relevant to him or her in the areas of exercise, nutrition and mental health. In addition, the „Discover“ section provides constantly changing content such as desk workouts, recipes with step-by-step instructions, blog articles or live sessions.

2.4.2 All content offered by Senseble is neither medical advice, nor psychotherapy. They are not a substitute for a medical or psychotherapeutic treatment by a doctor or therapist, but can only be a useful addition.

3 Health notice

3.1 The Senseble services do not constitute a medical consultation or examination and do not replace a doctor’s visit. The aim of Senseble‘s offering is to make employees more aware of their health and to motivate them to lead a more balanced lifestyle.

3.2 Senseble strongly advises users with pre-existing conditions or those who are pregnant to consult their doctor before using Senseble.

3.3 If the user experiences any health problems during the use of a Senseble offering, or if the user should feel a sudden pain when performing the training exercises in the Senseble App, they should stop using Senseble and consult a doctor immediately.

3.4 In order to provide users with recommendations for individual Senseble content, the Senseble offering includes the optional completion of health suverys in the areas of „movement“, „nutrition“ and „mental health“. Based on the results, the recommendation of specific content is done by our Senseble experts.

3.5 Any allergies and food intolerances should be discussed with a doctor before using the Senseble App, especially when choosing ingredients for Senseble recipes.

3.6 Medical treatments are not part of the services offered by Senseble. In particular, Senseble services do not constitute medical or psychotherapeutic advice or treatment, and cannot be used in their place. In the event of impairment to your (mental) health requiring medical or psychotherapeutic treatment, our services are not a replacement for treatment and offer only a potentially useful addition to medical treatment; please discuss the issue in advance with your doctor or therapist and follow their advice before making use of Senseble services. Please also note the requirements for use of/registration for services as laid out in clause 4.4 below.

3.7 Important note: if you are experiencing suicidal thoughts or have made a plan to take your own life, the services of Senseble are not suitable for you. If such thoughts arise while using our services, you must immediatly consult a doctor or psychotherapist or immediatly contact the telephone helpline (telephone number: 0800 111 0 111), the German depression help center (www.deutsche-depressionshilfe.de), or one of Germany’s emergency services such as the police (110).

4 Registration requirements, registration and conclusion of contract

4.1 Prerequisite for the use of the offer of Senseble is a prior registration of the user in the Senseble App. For the registration the user must have full legal capacity and must be at least 18 years old. Furthermore, the user must be authorized to use Senseble’s offer; this requires that the user’s employer has concluded a framework agreement with Senseble on the use of the offer by its employees.

4.2 In order to verify that the user is an employee of a company that uses the Senseble offer and has concluded a contract with Senseble for this purpose, the user must register either with an individual Senseble ID provided by Senseble or with a generic Senseble ID and his company email address. The user is obliged to provide truthful information and assures that he is authorized to use Senseble and, in particular, that he has not received the access data via third parties.

4.3 Only one user account may be maintained per person. The contractual relationship is personal and the user account is therefore non-transferable and non-inheritable.

4.4 Users with pre-existing mental or physical conditions should consult their doctor or therapist before using the Senseble service in order to exclude any possible risks of participation. In general, it is important to pay attention to the body’s signals: If an exercise causes pain or general discomfort, do not perform it.

5 Obligation of the user

5.1 The users may use the offer of Senseble only for their own private purposes. Any commercial or business use is prohibited.

5.2 The user is obliged and responsible for providing the necessary technical conditions for the use of the Senseble offer. In particular, a smartphone with internet access is required to use the Senseble app, and an internet-enabled device and internet access are required to perform the Senseble expert coaching sessions.

5.3 The user is obliged to keep the personal login data secret and not to pass it on to third parties. The transfer of the possibility to use the registration and/or the services offered to third parties is expressly prohibited.

5.4 The user is not allowed to copy, distribute or make publicly accessible contents provided in the offered services (texts, images, audio recordings, exercises, etc.) or to remove technical protective measures or copyright or rights notices, unless Senseble has expressly permitted this in writing.

5.5 For his or her own safety, the user must exercise the exercises shown by Senseble with due care and in accordance with Senseble’s instructions.

6 Data protection

Senseble’s Privacy Policy, which the user may view at any time on Senseble’s website https://www.senseble.de/datenschutz applies in addition to these GTC

7 Contract term, termination

7.1 The user contract between the user and Senseble shall run for an indefinite period of time and shall end automatically and without the need for termination if the underlying contractual relationship between the user’s employer and Senseble ends or the user changes employers. Irrespective of this, the user may at any time terminate the user agreement in text form (e.g. by e-mail) without stating any reasons and have his/her user account and all of the stored data deleted (e.g. by e-mail to: team@senseble.de.

7.2 The legal right of both contracting parties to extraordinary termination for cause remains unaffected. For Senseble, an extraordinary reason for termination also exists in particular if the user intentionally provide false information during registration and/or later changes to his/her data or repeatedly violate these Terms of Use or legal provisions when using the offer, provided that Senseble has unsuccessfully reminded the user to comply with the affected contractual obligation prior to extraordinary termination (warning).

8 Operation of the range of services

8.1 Senseble always endeavors to ensure proper operation of the services offered, but does not assume any responsibility or liability for the uninterrupted usability of the internet, mobile app, telephone, Skype and email services and all other program services and their individual functions, in particular not for delays, interruptions and failures due to technical issues. The customer shall not have any claims arising therefrom.

8.2 With regard to the appointments agreed between the user and Senseble for a 1:1 coaching session, Senseble expressly reserves the right to postpone and/or cancel them in the event of insurmountable obstacles, in particular but not exclusively due to technical or personnel difficulties and/or bottlenecks. Cancellation in such cases may be made up to 1 hour before the scheduled appointment. In the event of such a cancellation and/or postponement of the scheduled appointment by Senseble, the user shall not be entitled to any claims.

9 Liability

9.1 If instructions (e.g. in movement workouts) are provided within the context of Senseble’s services, these instructions must be followed in order to avoid injury or health risks.

9.2 Senseble is only liable for damages of the user (1) which Senseble, its legal representatives or vicarious agents have caused intentionally or through gross negligence, (2) from injury to life, body or health, which is based on a breach of duty by Senseble or one of its legal representatives or vicarious agents, (3) in cases of liability according to the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) arising from the breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the user regularly relies and may rely (so-called cardinal obligation or “Kardinalpflicht”).

9.3 In cases (1), (2) and (3) of the preceding paragraph, Senseble shall be liable to an unlimited extent. In all other cases, liability shall be limited to the foreseeable damage typical for the contract

9.4 In cases other than those mentioned in paragraphs (1) and (2) and notwithstanding the following paragraph, Senseble’s liability shall be excluded irrespective of the legal basis.

9.5 The above limitations of liability shall apply accordingly to all organs, employees and vicarious agents of Senseble.

9.6 The limitations of liability in this point 10 apply to both contractual and non-contractual claims and are valid for the benefit of Senseble‘s legal representatives as well as its vicarious agents if claims are asserted directly against them. Liability based on mandatory statutory provisions, including those of the Product Liability Act, shall remain unaffected by the above provisions in any case

10 EU website for online dispute resolution / alternative dispute resolution under the Consumer Dispute Resolution Act

10.1 The EU website for online dispute resolution can be found here: http://ec.europa.eu/consumers/odr/.

10.2 Senseble informs the user that Senseble is not legally obligated and not willing to participate in dispute resolution proceedings before a consumer arbitration board.

11 Downloading and saving these terms

Senseble will make these terms available permanently for the user in the Senseble app and on the website under www.senseble.de/terms-and-conditions (contract text record). However, Senseble recommends that the user save and keep a version of these terms on their own database.

12 Subject to change

12.1 Senseble reserves the right to change and adapt the GTC at any time with effect for the future without giving reasons.

12.2 The amended GTC will be sent to the customer in advance by email to the last email address provided by the customer in the user profile or communicated via an announcement on the website. If the user does not object to the amended GTC within 2 (two) weeks, they shall be deemed accepted and the amended GTC shall become effective. The date of mailing of the notice of opposition shall be decisive for compliance with the deadline.

13 Final provisions

13.1 Contracts between Senseble and the user shall be governed by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the user has his/her habitual residence as a consumer, shall remain unaffected

13.2 The remaining parts of the contract shall remain binding even if individual regulations are legally invalid. The invalid points shall be replaced by the statutory provisions, if any. Insofar as this would represent an unreasonable hardship for one of the contracting parties, the contract shall, however, become ineffective as a whole.