Aktualisiert am: 10.12.2025
General terms of use and licence agreement for BeHealthy 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, via other services, such as the mobile app (BeHealthy App), emails, or the participation in Live Events.
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 The services offered by Senseble may consist of the services described in Section 2.2. The scope of the services available to the user depends on the individual contractual agreement between Senseble and Merck KGaA.
2.2 BeHealthy App
The BeHealthy 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. Through the „Challenges“ section, the user has the opportunity to participate in step- and activity-related challenges. The scope and availability of features may be updated, expanded or adjusted over time to improve the user experience.
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 (including pregnancy) to consult their doctor before using Senseble offerings.
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 BeHealthy App, they should stop using it and consult a doctor immediately.
3.4 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.
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 BeHealthy 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 BeHealthy ID provided by Senseble or with a generic BeHealthy 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.
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 Obligations of the User
5.1 The user may use Senseble’s services exclusively for their own private, non-commercial purposes. Any commercial or business use of the services is prohibited.
5.2 The user is solely responsible for ensuring that the technical requirements necessary for using Senseble’s services are fulfilled. In particular, a functioning smartphone or laptop with stable internet access is required to use the BeHealthy app or the web application.
5.3 The user must keep all personal login credentials confidential and must not disclose them to third parties. Granting third parties access to the user account or otherwise allowing them to use Senseble’s services is strictly prohibited.
5.4 The user is not permitted to copy, distribute, publicly reproduce, or otherwise make available any content provided within Senseble’s services (including but not limited to texts, images, videos, audio recordings, exercises, graphics, or other materials). The removal or circumvention of technical protection measures or copyright notices is also prohibited.
This does not apply to content that Senseble explicitly provides with an in-app sharing function or where Senseble has granted prior written permission.
5.5 For their own safety, the user must perform all exercises and activities shown within Senseble’s services with due care and strictly in accordance with the instructions provided.
6 Data protection
The processing of personal data in connection with the use of Senseble’s services is carried out in accordance with Senseble’s Privacy Policy. The Privacy Policy describes in detail which categories of data are processed, for which purposes the data is used, and the rights users have under applicable data protection law (including the GDPR).
The current version of the Privacy Policy can be accessed at any time at:
In order to verify eligibility for access to the BeHealthy App and to provide the app’s functionalities, Senseble may process certain personal data, including user account information, company email addresses, device data, usage data and—if the user chooses to use specific app features—health-related information such as selected training sessions or wellness activities.
The processing of such health-related data takes place only with the user’s explicit consent and in accordance with the provisions outlined in the Privacy Policy.
The Privacy Policy 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 without stating any reasons and request deletion of his/her user account and all stored data, either in text form (e.g. by e-mail to: team@senseble.de), or directly via the account deletion function provided in the BeHealthy mobile app.
7.2 The statutory right of both parties to terminate the agreement for cause without notice remains unaffected. For Senseble, an important reason for extraordinary termination exists in particular if the user intentionally provides false information during registration or when updating their data, or repeatedly violates these Terms of Use or applicable legal provisions when using the services. Prior to extraordinary termination, Senseble will generally issue a warning and request the user to comply with the relevant contractual obligations, unless such a warning is unreasonable in the specific case.
8 Operation of the range of services
8.1 Senseble strives to ensure the proper and reliable operation of the services offered. However, Senseble does not assume any responsibility or liability for the uninterrupted availability, error-free functionality, or continuous usability of the internet connection, the mobile app, the web application, email services, telephone or video call functionalities, or any other program features. In particular, Senseble is not liable for delays, interruptions, limitations in performance, or failures caused by technical issues, maintenance work, system updates, or circumstances outside Senseble’s control (including third-party service providers, hosting partners, or telecommunications networks). To the extent permitted by applicable law, the user shall not be entitled to any claims arising from such interruptions or impairments.
8.2 Senseble may temporarily restrict access to the services if this is necessary for reasons of system security, capacity management, maintenance, or the implementation of technical improvements. Senseble will take reasonable efforts to keep such interruptions as short as possible and, where practicable, announce planned maintenance in advance.
9 Liability
9.1 If Senseble provides instructions (e.g., for movement or relaxation exercises) within the context of its services, these instructions must be followed in order to avoid injury or health risks.
9.2 Senseble is liable for damages suffered by the user only in the following cases:
(1) if Senseble, its legal representatives, or its vicarious agents have acted intentionally or with gross negligence;
(2) for injury to life, body, or health resulting from a breach of duty by Senseble or one of its legal representatives or vicarious agents;
(3) in cases of liability under the Product Liability Act, the assumption of a guarantee, or fraudulent misrepresentation; and
(4) for damages arising from the breach of an obligation whose fulfillment is essential for the proper performance of the contract and on which the user regularly relies and is entitled to rely (so-called cardinal obligation).
9.3 In the cases listed under (1), (2), and (3) above, Senseble’s liability is unlimited. In all other cases, liability is limited to the foreseeable damage that is typical for the contract.
9.4 In cases other than those mentioned in Sections 9.2(1) and 9.2(2), and notwithstanding Section 9.6 below, any further liability of Senseble—regardless of the legal basis—shall be excluded to the extent permitted by applicable law.
9.5 The above limitations of liability apply accordingly to all corporate bodies, employees, and vicarious agents of Senseble.
9.6 The limitations of liability set out in Section 9.2 apply to both contractual and non-contractual claims and also apply for the benefit of Senseble’s legal representatives and vicarious agents if claims are asserted directly against them. Mandatory statutory liability provisions, including those under the Product Liability Act, remain unaffected in all cases.
10 EU Online Dispute Resolution / Alternative Dispute Resolution
10.1 The EU platform for online dispute resolution can be accessed at the following link:
http://ec.europa.eu/consumers/odr/
10.2 Senseble informs the user that Senseble is neither legally obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.
11 Availability of these Terms
Senseble will make these Terms of Use permanently available to the user within the BeHealthy app and on the website at:
Users may view or download the current version of these terms at any time.
12 Changes to these Terms
12.1 Senseble may amend or update these Terms of Use with effect for the future if this becomes necessary for operational, legal or functional reasons, to the extent permitted by applicable law.
12.2 Users will be informed of any amendments to the Terms of Use in advance via the email address stored in their user profile or through an in-app or website notification. If the user does not object to the amended Terms within two (2) weeks from the date of notification, the amended Terms shall be deemed accepted and will take effect after expiry of this period. The date on which the objection is sent shall be decisive for meeting 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. Mandatory consumer protection provisions, particularly those of the country in which the user has their habitual residence, remain unaffected.
13.2 Should any provision of these Terms be or become invalid, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by the applicable statutory regulation. If replacing the invalid provision would result in unreasonable hardship for either party, the contract shall be deemed ineffective in its entirety.
