(1) Özkan & Bardos GbR (hereinafter referred to as "FlipSelf"), Am Britzer Garten 3, 12347 Berlin, e-mail firstname.lastname@example.org, operates the website at https://www.flipself.de (hereinafter referred to as the " website") and offers the FlipSelf online and personal program (hereinafter also referred to as the "program" or the "service") via this website (and, if applicable, via our mobile and desktop apps, if offered). Translated with www.DeepL.com/Translator
(2) Our program is exclusively addressed to natural entities of legal age. Minors may only use our program if their parents or legal guardians have given their consent (hereinafter "users"). In addition, companies can order services from us for their employees.
(3) The services of FlipSelf may be
- (a) ordered directly by the user, or
- (b) ordered by companies (hereinafter referred to as " companies ") for the number of users selected by the company, provided that these users (aa) are employees of the company during the use of the services; (bb) have been authorized by the company for this purpose, (cc) have registered in accordance with these GTC and have agreed to the validity of these GTC (with the exception of the provisions on prices and payments) and have accepted these as binding and (dd) fulfill any further prerequisites agreed upon at the time of ordering, such as the use of a User ID (hereinafter referred to as " authorized employee ").
(4) FlipSelf explicitly points out that the services offered via the website are no substitute for a diagnosis or medical or psychotherapeutic treatment.
(5) Users must be free from suicidal thoughts or thoughts of self-inflicted harm when using the website and any of our services. Users who have these thoughts or who have them during use will not be offered this website and the program; FlipSelf strongly recommends that such users immediately consult a physician or psychotherapist and communicate these thoughts to them. If users are in urgent need of help, we recommend that they contact the Pastoral Care Centre (www.telefonseelsorge.de) immediately on 0800 111 0 111, the German Foundation for Depression ( www.deutsche-depressionshilfe.de ) or 112, where they will receive help from counselors who can help them find a way out of difficult, seemingly unsolvable situations.
2. Scope of application
(1) The use of the services offered on the website (and possibly via our mobile and desktop apps, if offered) is governed by these General Terms and Conditions (hereinafter also referred to as "GTC") and any other regulations agreed with the users. These General Terms and Conditions shall apply in the version valid at the time of conclusion of the respective contract.
(2) FlipSelf objects to the application of any general terms and conditions of users and the company. Such general terms and conditions shall also not apply if FlipSelf does not expressly object to them.
3. FlipSelf services
(1) FlipSelf offers the user of the website free information as well as the opportunity to carry out a self-test and to arrange a free initial consultation.
(2) In addition to the free services of the website, FlipSelf also offers users various online support programme services, personal counseling services and a telephone hotline for psychological support.
3. Paid services shall be booked for a specified timeframe and may include, but are not limited to, interactive exercises, personal conversations, and in-depth courses on mindfulness, movement, stress management, and anxiety disorder.
Further information about the courses, workshops, the hotline and other services, their costs and other conditions can be found on the website. FlipSelf reserves the right to change or extend its offer or to discontinue certain services; the services already requested by the user or the company will not be affected. The current description of services on the website or in the order form for companies is decisive when registering or booking a chargeable service.
(4) The use of all FlipSelf services can optionally be accompanied by the user's personal psychologist within the scope of the technically available options. In order to use this option, the user must grant his psychologist a corresponding access right via the personal FlipSelf cockpit at the beginning of the use. Only after this explicit granting of access rights by the user does the psychologist gain access to the user's FlipSelf usage data. The given confirmation can be revoked at any time by sending an email to email@example.com. The user data can then no longer be viewed by this psychologist.
(1) Users can register on the website in order to use the services offered, in particular to book paid services or to save the results of tests and other entries.
(2) Only persons who are of legal age at the time of registration or act with the consent of their parents or legal guardians are entitled to register. By registering, the user confirms that these requirements are met.
(3) Registration requires the specification of the user's e-mail address and the selection of a password. If further mandatory information is required, this will be indicated accordingly during registration. The user is obliged to provide only truthful information during registration.
(4) The user is responsible for protecting all access data and passwords against access by third parties. FlipSelf shall not be liable in the event of unauthorised access by third parties. The user must notify FlipSelf immediately of any third party access or other misuse of his/her login details and change his/her password. In the event of misuse, FlipSelf is entitled, but not obliged, at its own discretion to immediately block the access concerned or to take other suitable measures.
(5) At the time of registration and each time a service is used by FlipSelf, the user affirms that he/she is free from suicidal thoughts or thoughts of inflicting suffering on him/herself.
(6) The user is solely responsible for the accuracy of the information. All information is to be provided truthfully. If the user intentionally makes false statements, this may lead to immediate exclusion from further use of the website and the services offered through it.
5. Conclusion of the contract
(1) Contracts which the user concludes themselves are concluded exclusively between FlipSelf and the user.
(2) Contracts which a company concludes for use by its employees are concluded exclusively between FlipSelf and the company. In this case, the use of the services by the user additionally requires that the user acknowledges the provisions of these GTC (with the exception of the provisions on prices and payments) as being binding.
(3) By sending the registration request, the user or company submits a legally binding offer to conclude a user contract for the use of the service.
(4) The contract with the user concerning the registration is concluded by the activation of the user account by FlipSelf on the website.
(5) The booking of paid services only comes about through the explicit acceptance of an order placed by the user or a company or alternatively through the admission of the opportunity to participate in the booked service, whichever occurs first. The relevant offers on the website and in the case of companies on the order form only represent invitations to place orders that still require separate acceptance by FlipSelf.
(6) Upon receipt of the request or order, we will send the user or company an e-mail in which we confirm that the offer or order has been received but does not constitute acceptance. Entry errors can be checked and corrected up to the point at which the offer or order was placed.
After acceptance of the offer by FlipSelf, FlipSelf will provide the user, if the user is a customer within the meaning of § 13 BGB (German Civil Code), with a confirmation of the contract on a permanent data carrier.
6. Prices and payment procedure
(1) The contractually individually agreed prices at the time of the respective conclusion of the contract shall apply. All prices quoted are inclusive of VAT.
(2) The costs for booked paid services are regulated individually in the contract and are due immediately after the acceptance of the order.
(3) The payment options mentioned on the website are made available to the user or the company.
(4) All costs incurred by FlipSelf as a result of false information provided by the user or company, or insufficient funds in his/her account, shall be covered by the user or company.
7. User obligations
(1) It is the responsibility of the user or the company to provide the necessary hardware and software, internet access and, if necessary, a telephone connection for the use of the website and the necessary offers. Their provision is not part of the services offered by FlipSelf.
(2) The user or the company is obliged to truthfully provide all necessary information, in particular any required payment data. FlipSelf must be informed immediately of any such changes.
(3) Users may not perform any illegal actions and/or violate any applicable laws within the scope of the use of the Service, in particular not:
- Store, publish and/or transmit any content that
- are harassing, offensive, harmful to minors or illegal in any other way;
- infringe the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights;
- constitute manipulated content;
- violate any applicable code of conduct of our service;
- are to be treated confidentially, e.g. third-party trade secrets;
- are suitable to lead directly or indirectly to physical or material damage, e.g. corresponding guidelines;
- impersonate any other person within the platform, e.g. a public official, our representative, or impersonate a non-existing relationship with such a person, falsify usernames or otherwise manipulate identifiers and/or disguise the origin of any content transmitted through the service;
- Store, publish and/or transmit advertising, junk or bulk email, chain letters, pyramid schemes or other commercial communications;
- Use scraping or similar techniques to compile content, use it for any other purpose, republish it, or otherwise use it;
- Use (automated) techniques or other services designed to misrepresent user activity, such as using bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, play content, send messages, post comments or otherwise act;
- harass, threaten, insult, defame, disparage or discriminate against any natural or legal person or company, or claim or disseminate untrue facts about any natural or legal person or company;
- collect, store or transmit personal data about other users, to the extent that those concerned do not agree;
Links to third party content that violates the provisions of these GTC or other legal provisions.
8. Proprietary rights and restrictions on 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 GTC does not constitute a waiver of copyrights.
(2) FlipSelf explicitly reserves all rights under unfair competition ("UWG"), copyright, trademark or other laws that protect the site, services, products or portions of it.
(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 FlipSelf. In particular, the database may only be accessed using the software provided on the site. It is not permitted to exploit or spy on the database using other software. In particular, automated access to the FlipSelf 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. FlipSelf grants the user the non-exclusive and non-transferable right to use the website and the service, subject to compliance with these terms and conditions and all other applicable and possible further contractual provisions. The right of use expires at the end of the contract period. The user is not entitled,
- (i) to make the website or its access available to third parties, in particular to rent, lend, reproduce, resell or otherwise distribute or pass on;
- (ii) use the website or the services to develop other services;
- (iii) activate and use any functionalities of the website or the service for which it has not been granted any rights of use;
- (iv) to modify, translate, reproduce, decompile the source code of the website, examine its functions, except to the extent permitted by law;
- (v) remove, obscure or modify any legal notices, in particular regarding FlipSelf's intellectual property rights.
(5) FlipSelf reserves the right to prohibit the use of the website with immediate effect if there are signs of misuse.
9. Right of withdrawal for customers
If the user is a customer within the meaning of § 13 BGB (German Civil Code), the user is entitled to a statutory right of revocation. A customer 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 applies in detail:
You have the right to revoke this contract within fourteen days without giving reasons.
Die Widerrufsfrist beträgt vierzehn Tage ab dem Tag des Vertragsabschlusses.
Um Ihr Widerrufsrecht auszuüben, müssen Sie uns
Özkan & Bardos GbR,
Am Britzer Garten 3
inform us by means of a clear statement (e.g. a letter, fax or e-mail sent by mail) of your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory. In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this agreement, we will refund to you all payments we have received from you, including delivery charges (other than additional charges resulting from your choosing a different method of delivery from the cheapest standard delivery offered by us), immediately and no later than fourteen days from the date we receive notice of your revocation of this agreement. We will use the same means of payment used by you in the original transaction for such refund, unless expressly agreed otherwise with you and in no event will you be charged for such refund.
If you have requested that the services be commenced during the withdrawal period, you shall pay us a reasonable amount equal to the proportion of the services already provided by the time you notify us of the exercise of the right of withdrawal in respect of this agreement in relation to the total amount of services provided in the agreement.
The right of revocation expires according to § 356 para. 4 BGB in a contract for the provision of services even if the entrepreneur has completely provided the service and has only begun with the execution of the service after the consumer has given his express consent and at the same time has confirmed his knowledge that he loses his right of revocation when the contract is completely fulfilled by the entrepreneur.
The right of revocation expires § 356 para. 5 BGB with a contract over the supply of digital contents not on a physical data medium even if the entrepreneur has begun with the execution of the contract, after the consumer
- has explicitly agreed that the contractor shall commence execution of the contract before expiry of the revocation period, and
- has confirmed his knowledge that he loses his right of revocation through his consent with the commencement of the execution of the contract.
10. Confidentiality and data protection
(1) FlipSelf commits itself to treat all information that becomes available to it in connection with the use of the program as strictly confidential. In particular, FlipSelf will not pass on any employee information to its company.
(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 http://flipself.de/datenschutz/ .
(3) The user can request information about the stored data as well as the correction, blocking and deletion of his data at any time and free of charge. Requests for information as well as requests for deletion, correction or blocking must be made in writing by letter (Özkan & Bardos GbRAm Britzer Garten 3, 12347 Berlin) or via e-mail to firstname.lastname@example.org . The same applies to the revocation of consents or objections to the use of data.
(4) FlipSelf points out explicitly that despite all technical and organizational measures that FlipSelf uses in accordance with the statutory provisions, the internet does not permit absolute data security. FlipSelf is not liable for actions of third parties (subject to clause 12).
11. Disclaimer for links
(1) The website may contain external links and references to websites that are not operated by FlipSelf. Such external links are generally only provided for reasons of user-friendliness. FlipSelf has no influence on the content of such external sites; the operators of the linked sites are solely responsible for their content.
(2) FlipSelf hereby expressly dissociates itself from the content behind the links listed on the website, the servers behind them, further links and all other visible or invisible content. FlipSelf does not assume any responsibility for the content of such websites, nor does FlipSelf adopt such websites or third party content as its own. FlipSelf does not control the linked information. FlipSelf was not aware of any violations of applicable law by the external content when the link was created. Furthermore, FlipSelf assumes no liability for information, legal and organizational conditions, content or promises on linked offers.
(1) In case of intent and gross negligence on the part of FlipSelf, a legal representative or vicarious agent of FlipSelf, FlipSelf shall be liable in accordance with the statutory provisions. The same applies in the event of injury to life, limb or health, in the event that FlipSelf assumes a guarantee, or in the event of liability under the Product Liability Act.
(2) With easily negligently caused material and financial damage by FlipSelf, a legal representative or executing aide of FlipSelf, FlipSelf is responsible only in the case of the injury of a substantial contract obligation, however after the height limited to the damage foreseeable and contract-typical with conclusion of a contract. Essential contractual obligations are such, whose completion makes the proper execution of a contract possible at all only and on whose observance the contracting parties may trust regularly.
(3) Soweit FlipSelf Leistungen entgeltfrei erbringt, haftet FlipSelf neben den Haftung nach Maßgabe des vorstehenden Absatzes (1) nur bei grob fahrlässig oder vorsätzlich verursachten Schäden.
(4) Eine Änderung der Beweislast zum Nachteil des Nutzers bzw. des Unternehmens ist mit den vorstehenden Regelungen nicht verbunden.
(5) Vorstehende Haftungsausschlüsse bzw. -beschränkungen gelten auch im Hinblick auf die Haftung der Angestellten, Arbeitnehmer, Mitarbeiter, Vertreter und Erfüllungsgehilfen von FlipSelf, insbesondere zugunsten der Anteilseigner, Mitarbeiter, Vertreter, Organe und deren Mitglieder, was deren persönliche Haftung betrifft.
13. Availability of the website and the hotline
(1) The website is provided with an annual availability of 95.00 %. Excluded from the aforementioned availability are (a) the following maintenance windows: (aa) Daily maintenance windows (in particular for the execution of updates and upgrades). (bb) announced maintenance windows, which are announced at least 2 working days in advance, do not last longer than two hours in each case and do not exceed 6 hours per month; (b) times of unavailability due to circumstances beyond the control of FlipSelf, including force majeure; and (c) times of unavailability, if and to the extent caused by the user.
2. FlipSelf may or must also restrict access where the security of network operation, the maintenance of network integrity, in particular the prevention of serious disturbances to the network, software or stored data, so require, and these times shall not be taken into account in the calculation of availability.
(3) The FlipSelf website may not be available worldwide. Access may be restricted by law in certain countries.
(4) The hotline is available Monday to Saturday from 9 a.m. to 6 p.m. (CET), unless otherwise specified in the service description.
(5) The liability of FlipSelf according to the above clause 12 remains unaffected.
14. Term and termination
(1) The contract for the use of the website has an indefinite term and can be terminated informally by both parties at any time by observing a notice period of 2 weeks after confirmation of registration.
(2) The contracts between FlipSelf and the user or the company for fee-based services end automatically at the end of the specified term (e.g. the consulting period) and cannot be terminated prior to that.
(3) The right of both parties to premature extraordinary termination remains unaffected.
15. Modification of the general terms and conditions
(1) FlipSelf reserves the right to change or extend these terms and conditions at any time with effect for the future, if this appears necessary. The GTC in the version valid at the time of the conclusion of the contract shall then apply to new contracts.
(2) Within the framework of ongoing continuing obligations, changes to the GTC shall only be taken into account if this does not disadvantage the user in breach of good faith. In particular, a change may be necessary in order to adapt to a change in the legal situation. Newly issued court decisions shall also be regarded as a change in the legal situation. Changes and further developments of the offer may also make it necessary to amend or supplement the GTC.
(3) In the case of ongoing continuing obligations, an amendment or supplement shall be announced in a suitable manner in text form, usually by e-mail, at least six weeks before it comes into effect.
(4) The user or the company has the right to object to a change or amendment within six weeks of publication and the possibility of gaining knowledge of it to FlipSelf within the framework of ongoing continuing obligations. In the event of a timely objection, both parties are entitled to terminate the contract extraordinarily. Other termination rights remain unaffected by this. If the user or the company does not object within the objection period or continues to use the services thereafter, the change or amendment shall be deemed accepted and shall become part of the contract. This paragraph does not apply to changes to the subject matter of the contract or to a change in material contractual obligations that would lead to a change in the contractual structure as a whole. In this case, FlipSelf will offer the user or the company to continue the contract under the then amended terms and conditions.
(5) FlipSelf will inform the user or the company of the possibility of objection and termination, the deadline and the legal consequences, in particular with regard to failure to object, in the notification of the changes to the GTC.
(1) This contract is subject exclusively 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, notwithstanding Art. 6 para. 2 of Regulation (EC) 593/2008.
(2) Insofar as the contract was concluded by a company, the exclusive place of jurisdiction for all disputes arising from or in connection with these GTC and the contract shall be Berlin.
(3) Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, the remaining General Terms and Conditions shall remain valid. In the event of such ineffectiveness, the ineffective provision shall be replaced by the statutory provision.
(4) We are not obliged to participate in dispute resolution proceedings before a consumer arbitration body and do not participate in these.
Last update: 23 October 2018