Vila Health

Terms of Service
Vila Health UG (haftungsbeschränkt)

25th October 2019

1. General, scope of application

(1) These General Terms of Service apply to all legal relationships of Vila Health UG (haftungsbeschränkt), c/o Factory Works GmbH, Rheinsberger Str. 76/77, 10115 Berlin, Germany, e-mail: contact@vila-health.com (hereinafter "Vila Health", "us", "we") to the users of the website www.vila-health.com (hereinafter "Vila Health", "us", "we") to the users of the website www.vila-health.com (hereinafter "Website") and the services offered in the log-in area (hereinafter also the "Online Program" or the "Service"). A user is anyone who registers on the website and thereby concludes a contract with the provider for the use of the website. Vila Health offers the services on the basis of these General terms of Use.

(2) Our program is aimed exclusively at natural persons aged 16 and over (hereinafter referred to as "users"). Younger persons may only use our program if their parents or legal guardians have given their consent.

(3) Vila Health explicitly points out that the programs offered via the website are not a substitute for a medical or psychotherapeutic diagnosis or treatment. Vila Health assumes no responsibility for your actions. All content on this website, whether provided by Vila Health itself, its partners or its users, is not intended to supplement or substitute information provided by a physician, psychotherapist or pharmacist. By agreeing to these Terms, you acknowledge that you are solely responsible for your health.

2. Services of Vila Health (Website & Services)

(1) The website www.vila-health.com and all its subpages support patients who wish to receive information about chronic disease and psyche.

(2) In addition to the free information on the website, Vila also offers users a paid interactive program for psychological support for people living with chronic illness.

(3) The paid interactive program is bought for a certain period of time and is a software-as-a-service solution that leads in a conversational style through exercises, which may include psychoeducative videos, audio messages and images and exercises. Further information on the paid program, costs and other conditions will be provided during the buying process. The service description on the website agreed upon as part of the contract when booking a chargeable service is decisive in each case.

(4) The provider may refer the users of the website to third party content and applications (hereinafter referred to as "third party content") personalized for him by means of links. Such third-party content is clearly identified by a corresponding notice. If and to the extent that the conclusion of a contract is offered in connection with these third-party contents, this shall be concluded exclusively with the respective provider.

3. Use as a registered user

(1) Users can register on the website in order to use the services offered free of charge as well as services with costs. By registering, the user accepts these Terms of Service and all other agreements referred to.

(2) Registration requires the provision of personal information, the user's e-mail address and the selection of a password. Upon completion of the registration process, Vila Health and the respective user enter into a contract on the use of the Services (hereinafter: "User Contract"). Neither the registration nor the use of the full range of products and services is possible without consent to these Terms of Service.

(3) A claim to the conclusion of a contract of use does not exist. The provider reserves the right to reject users without giving reasons. In this case, the transmitted data will be deleted immediately.

(4) The user is solely responsible for the correctness of the information required for registration. All information must be truthful, in particular any required payment data. If the data provided changes subsequently, the user is obliged to correct the data immediately.

(5) The user himself is responsible for protecting all access data and passwords against access by unauthorized third parties. The user must inform Vila Health immediately of any access by unauthorized third parties that comes to his knowledge and in such a case change his password.

(6) Every user is obliged to inform the provider immediately if there are indications that his access has been misused. Each user is basically liable for all activities carried out using his access and indemnifies Vila Health from any claims for damages by third parties, unless the user is not responsible for the abuse.

4. Price, payment procedure and subscription contract

(1) The prices stated at the time of conclusion of the respective contract shall apply. All prices quoted are inclusive of statutory value-added tax, shipping costs do not apply.

(2) The payment options mentioned on the website are made available to the user. All costs incurred by Vila Health as a result of false information provided by the User or insufficient funds in his/her account shall be borne by the User in accordance with the statutory provisions.

(3) After registration, users can access the Service in two ways:

(3.a) Free trial version: the first part (the first "5 Steps") of the interactive Online Program is free and available to the User for unlimited access.

(3.b) Paid Subscription Program: A subscription that provides you with access to all content, including the free trial version, for a fee ("Paid Subscription Program"). Access to the Paid Subscription Program is available only as long as your subscription is active. Certain promotional offers may offer you a free trial period of the Paid Subscription Program. The products give you access to all subscription services.

(4) You may purchase the Paid Subscription Program by purchasing a subscription to the Service after registering and using the Free Trial Version Content. The provision of the Paid Subscription Program on our website does not constitute a binding offer by us to enter into a Paid Subscription Program Agreement ("Paid Subscription Agreement"), but merely an invitation to submit an offer to us.

(4) Der Vertrag über ein kostenpflichtiges Abonnement kommt zustande, wenn wir Ihnen unmittelbar nach Empfang Ihres Angebots auf Abschluss eines kostenpflichtigen Abonnements eine Bestätigung über den Erhalt Ihres Angebots zur Bestellung eines kostenpflichtigen Abonnements an die E-Mail-Adresse, die Sie uns im Rahmen Ihrer Anmeldung genannt haben, zusenden (»Abschluss eines kostenpflichtigen Abonnementvertrags«). Mit dieser E-Mail nehmen wir Ihr Angebot auf Abschluss eines kostenpflichtigen Abonnements an. Diese E-Mail enthält die wesentlichen Merkmale Ihrer Bestellung sowie die vorliegenden Bedingungen.

(5) The Paid Subscription Agreement is formed when we send you confirmation of receipt of your Paid Subscription offer immediately upon receipt of your offer to purchase a Paid Subscription to the email address you provided to us in your registration ("Paid Subscription Agreement"). With this e-mail, we accept your offer to purchase a paid subscription. This e-mail contains the essential features of your order and these terms and conditions.

(6) Vila Health offers a one-year subscription option (the "subscription period"). One year consists of 365 calendar days.

(7) The fee for our "annual subscription" is paid in the form of a one-off advance payment. The annual subscription shall be extended by one year at the end of each subscription period. Vila Health shall be entitled to deduct from the means of payment used (i) the initial annual subscription fee equal to the special tariff granted at the time of purchase, and (ii) the renewal fee(s) equal to the non-reduced tariff agreed at the time of conclusion of the chargeable subscription agreement. To avoid the renewal fee being debited from the payment method you have provided, you must cancel your subscription prior to its next renewal. A refund for pro-rata subscription times is not possible in this case.

5. Term and termination of the Service

(1) The registration as user is unlimited in time.

(2.a) A user of the free trial version can terminate his user contract at any time by clicking on "Permanently delete account" under the settings in our service. A new registration is possible at any time.

(2.b) Users of the chargeable service can cancel the subscription at any time in their profile settings. The termination is effective at the end of the subscription period.

(3) The statutory right of both parties to premature extraordinary termination for good cause remains unaffected.

6. Termination by us

(1) We may exceptionally suspend or terminate your use of the Products for important reasons, including but not limited to fraud on your part. Such termination or suspension may occur immediately and without prior notice if it is unreasonable for Vila Health, having regard to the circumstances of the particular case and weighing the interests of both parties, to notify you in advance. An important reason that entitles us to an extraordinary termination of your use of the Products is, in particular, if:

• you copy or download the audio or video content of the products without permission,

• you are in breach of your obligations under paragraph 8, or

• you are seriously and permanently in breach of your obligations under paragraph 8.

(2) The provider reserves the right to discontinue both the website and the app as a whole. The provider will inform the users about this at least 4 weeks in advance by e-mail.

7. Statutory right of revocation

If the user is a consumer within the meaning of § 13 BGB (German Civil Code), he is entitled to a statutory right of revocation. A consumer is any natural person who concludes a legal transaction for purposes which can predominantly neither be attributed to his commercial nor his self-employed professional activity. The following shall then apply in detail:

Revocation instruction

You have the right to revoke this contract within fourteen days from the date of conclusion of the contract without stating reasons. In order to exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear declaration (e.g. e-mail or letter sent by post). In order to comply with the revocation period, it is sufficient that you send the notification before the expiration of the revocation period. Users can use the sample revocation form below (not mandatory).

Our contact details:

Vila Health UG (haftungsbeschränkt)
c/o Factory Works GmbH
Rheinsberger Str. 76/77
10115 Berlin

E-Mail: contact@vila-health.com

Effects of revocation

If you revoke this contract, we shall repay to you all payments which we have received from you immediately and at the latest within fourteen days from the day on which we received notification of your revocation of this contract. We will use the same means of payment as you used in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.


Template – revocation form

(Just fill in this form and send it back if you want to cancel the contract)

— To Vila Health UG (haftungsbeschränkt), c/o Factory Works GmbH, Rheinsberger Str. 76/77, 10115 Berlin, E-Mail: contact@vila-health.com

— I/We () hereby declare that I/we () cancel my/our () contract for the purchase of the following goods () / for the provision of the following services (*)

— Ordered on () /received on ()

— Name(s) of consumer(s)

— Address(es) of consumer(s)

— Signature(s) of consumer(s) (required only if this form is sent on paper)

— Date

(*) Please delete as appropriate.

8. Obligations of the user

(1) The activities of the users on the website or in the app are not checked by the provider. If, however, the provider becomes aware that a user violates these general terms and conditions or legal regulations, access will be blocked immediately.

(2) Users may not perform any illegal actions and/or violate any applicable laws while using the Service, in particular:

8. Property rights and restrictions of the right of use

(1) The website, the underlying software and database and other contents are protected by copyright or other laws. The provision within the framework of these Terms of Service does not constitute a waiver of copyrights.

(2) Vila Health expressly reserves all rights under unfair competition ("UWG"), copyright, trademark or other laws that protect the website, services, products or portions thereof.

(3) This applies in particular to rights to published texts, the design of the website or individual products and the logo used.

(4) The website may only be used in the manner created by Vila Health. In particular, automated access to the Vila Health website is not permitted. It is not permitted to copy, pass on, send or publish the data in any form, unless the website expressly offers such a function. Vila Health grants the user a non-exclusive and non-transferable right to use the Website and the Service, subject to compliance with these Terms and Conditions and any other applicable or other contractual terms. The right to use the program expires at the end of the contract period. The user is not entitled,

10. Blocking

(1) Vila Health can take the following measures if there are concrete indications that a user violates legal regulations, the rights of third parties or these General Terms and Conditions, or if the provider has any other legitimate interest, in particular to protect other users:

• Warn users,

• Provisional, partial or definitive blocking of users from access to the Services.

(2) The provider can finally exclude a user from the active use of the website or the app (final blockage) if he has provided false contact data during registration, in particular a false or invalid e-mail address, if he significantly damages other users or providers or if there is another important reason.

(3) As soon as a user has been temporarily or permanently blocked, he may no longer use the website or the app with other user accesses and may not re-register.

11. System integrity and malfunction of the website or app

(1) Users may not use any mechanisms, software or other scripts in connection with the use of the website or the app that may interfere with the functioning of the website or the app, in particular those that make it possible to generate page views.

(2) Users shall not take measures which may impose an unreasonable or excessive burden on the infrastructure.

(3) Users may not block, overwrite or modify any content generated by the provider or interfere in any other way with the website or the app.

(4) The provider may restrict access to his own services if the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disturbances of the network, the software or stored data require this.

12. Warranty

(1) Vila Health does not guarantee that the contents of the website and services are always completely and error-free available, that the necessary software works error-free, or that the data transport via third-party systems, especially the Internet or telecommunications networks, is not tracked, recorded or falsified by third parties.

(2) Vila Health also assumes no responsibility that the information, data and documentation made available on the website or the app are complete, correct and up to date. This also applies to all links contained on the website. The provider is not responsible for the content of a page reached via such a link.

(3) Legal transactions between the user and a third party provider, e.g. via linked pages or banners, lead to contractual relationships exclusively between the user and the third party provider. The provider accepts no liability for the services of third parties.

13. Liability

(1) The use of the contents of the website and services does not constitute medical or psychological advice and does not replace the visit to a doctor or psychotherapist.

(2) With the exception of the cases prescribed by law, neither the provider nor the companies associated with the provider are liable for damages that may arise from the use of content made accessible via this online offer or other types of use of this offer. This also applies to damages that may result from errors, problems, viruses or loss of data.

(3) Outside the liability for material defects and defects of title, the provider is liable without limitation if the cause of damage is based on intent or gross negligence. The provider is also liable for the slightly negligent violation of essential obligations (obligations whose violation endangers the achievement of the purpose of the contract) as well as for the violation of cardinal obligations (obligations whose fulfillment makes the proper execution of the contract possible in the first place and on whose fulfillment the user regularly relies), but only for the foreseeable, contract-typical damage. In particular, the provider shall only be liable for the loss of data to the extent of the expenditure incurred if the user has regularly carried out a data backup adequate to the application and thereby ensured that lost data can be restored with justifiable expenditure. The provider is not liable for the slightly negligent violation of other obligations than the above.

(4) The liability limitations of the preceding paragraph shall not apply in the case of injury to life, limb and health, for a defect after acceptance of a guarantee and in the case of fraudulently concealed defects.

(5) If the liability of the provider is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.

14. Data protection

(1) Vila Health undertakes to treat all personal information that becomes available to it in connection with the use of the program as strictly confidential within the framework of the applicable laws.

(2) The collection and use of users' personal data is also carried out in compliance with the applicable data protection regulations and is explained in more detail in the data protection declaration at www.vila-health.com/en/privacy-policy. There you will also find detailed information about your rights in accordance with the relevant data protection laws.

15. Other

(1) This contract is subject to the substantive law of the Federal Republic of Germany with the exception of the UN Convention on the International Sale of Goods and the German Private International Law. If the user is a consumer, he shall also be entitled to the protection of the mandatory provisions of the law which would be applicable without this clause, irrespective of this according to Art. 6 Para. 2 of Regulation (EC) 593/2008.

(2) Should individual provisions of these Terms of Service be or become invalid in whole or in part, the remainder of the contract shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.

(3) The place of jurisdiction is Berlin if the user is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if a customer does not have a general place of jurisdiction in Germany or if the place of residence or habitual abode is not known at the time the action is filed.

(4) We are not obliged to participate in dispute resolution proceedings before a consumer arbitration body and do not participate in these. The EU platform for online dispute resolution in consumer matters can be found here: http://ec.europa.eu/consumers/odr/.

16. Amendment of these Terms of Service

Vila Health reserves the right to change these terms and conditions. This may be the case, for example, if the amendment is made to bring the Terms of Service into compliance with applicable law, in particular if the applicable legal situation changes; if the amendment is made to comply with mandatory court or regulatory decisions; if entirely new services are introduced that require the provision of the Terms of Service. The customer will be notified of any changes to the Terms of Service by e-mail at least six weeks before they come into effect. The changes become effective if the customer does not object in writing or by e-mail within this period of six weeks (beginning after receipt of the notification of change) and Vila Health has informed the user of this legal consequence in the notification of change.

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