These General Terms and Conditions (hereinafter referred to as "GTC") apply to all services of kaia health software GmbH, Herzog-Wilhelm-Straße 26, 80331 Munich (hereinafter referred to as "Kaia"), that are purchased by the customer from from Kaia via the website www.kaiahealth.de or via other services, such as telephone consultation, the mobile app, emails, chats or Skype conversations.
Agreements deviating from the GTC must be made in text form; this also applies to the waiver of the text form requirement.
In order for the customer to purchase services offered by Kaia, including the non-binding and free trial subscription, customers must log in using a user profile, for which a registration is required.
In order to create a user profile, the customer must be at least 18 years old, have unlimited legal capacity and not be under supervision, unless legally valid representation has actively been proven. This requirement can be waived after consultation with Kaia in individual cases if the customer is at least 16 years old and has obtained the consent of a legal guardian.
There is no legal claim to the use of Kaia's services and Kaia is entitled to refuse registration without giving reasons.
The contractual relationship between the customer and Kaia will only be established through the customer's acceptance of these GTC, which is a prerequisite for the use of the services offered by Kaia.
Kaia reserves the right to agree on supplementary or deviating conditions for individual services.
The details of the service to be provided by Kaia to the customer are specified in the individual service descriptions of the individual subscriptions and/or services booked by the customer. You will receive the service descriptions including these GTC in the version valid at the time of registration or contract conclusion as a document for permanent storage when you begin your subscription or book the respective service in a binding manner. Please store this document for your long-term use.
The programs offered by Kaia are CE-certified medical devices and fulfill the regulatory requirements of the Medical Product Law.
All services offered by Kaia, however, are neither medical advice nor psychotherapy. They are also no substitute for an examination or treatment by a physician or therapist; although they can supplement it.
All prices listed on the website http://www.kaiahealth.com/pricing and in the individual performance specification do not include any applicable statutory value added tax.
The fee is collected in advance at the time of the booking for the respective minimum term upon purchase of a subscription or of individual services. If a subscription is automatically extended, or in case of recurring services, the fee shall be charged for the relevant extension period and collected in advance at the start of each extension period.
Kaia accepts the following payment methods:
Vouchers can be redeemed at the time of booking by entering the respective voucher code.
Kaia reserves the right not to offer certain payment methods and to refer to other payment methods in case of any purchase if there is a justified reason for doing so.
If Kaia incurs any costs and/or expenses when a payment is declined and if the customer is responsible for this (e.g. due to a lack of sufficient funds in the account or because the credit card limit has already been exhausted), Kaia shall be entitled to charge the customer the actual amount of the costs and/or expenses incurred.
We reserve the right to assert further claims if the customer is in default with their payments.
With regard to the respective term, reference is made to the individual service descriptions of the individual subscriptions and/or services booked by the customer, which are made available to the customer in accordance with point 3.
The use of Kaia services begins with a free and non-binding, 7-day trial subscription as of the creation of the user profile (registration) and the consent of the customer to the use of the free and non-binding trial subscription.
For customers within Germany, the trial subscription is not automatically extended and therefore does not become a paid subscription. There is no need to cancel the trial subscription. If the customer wishes to use Kaia's services beyond the trial subscription, the customer must explicitly conclude a paid subscription. In order to do so, the customer must select a specific subscription in the app and authorize the payment process.
For customers outside of Germany, the trial subscription will automatically turn into a paid subscription after 7 days, unless the customer gives notice of cancellation to Kaia before the expiry of the trial subscription. Notice of cancellation can be given to Kaia via the usual Apple process (for iOS users) and in the Kaia app (for Android users).
Please also see the withdrawal policy under point 11 "Right of withdrawal", below.
If the customer expressly opts for a paid subscription after or during the trial training days ( within Germany), or if the trial subscription is automatically transferred to a paid subscription ( outside of Germany), fees will automatically be charged for the respectively booked period (usually monthly) via the payment method provided by the customer, as described under point 3 "Payment terms and methods".
The paid subscription has a basic term of 1 (one) month and is automatically renewed for another month until the customer cancels the respective subscription. Depending on the type of subscription, the cancellation will become effective at the next possible date as defined by Apple (for iOS users) and Kaia (for Android users) and is subject to a notice period of one day to the end of the respective month. This applies to both customers within Germany and outside of Germany.
The customer hereby expressly authorizes Kaia in advance (and without renewed consent of the respective customer) to collect payment via the customer's preferred payment method (point 4) in the event of such automatic renewal of the subscription or in the event of other recurring services at the beginning of the respective renewal period. If, for any reasons, the collection of the fee owed by the customer is not possible, the customer undertakes to pay said fee (also exclusively via one of the payment methods listed in point 4) within 2 (two) weeks as of Kaia's corresponding request for payment.
The legal right of termination for good cause by the customer or by Kaia remains reserved. For Kaia, a good cause exists, in particular, if the customer does not fulfill the requirements specified under point 7. Furthermore, a good cause exists if the customer violates their obligations arising from point 9 and do not cease their behavior within a reasonable period of time despite a corresponding request by the provider or do not eliminate the disturbing condition, or repeat the objectionable violation.
Kaia's offer requires the processing of personal data and in particular health data, for which the user has given their consent in accordance with point (a) of Art. 6(1) and point (a) of Art. 9(2) of the GDPR. If the user withdraws this consent, the withdrawal shall at the same time be deemed an ordinary termination pursuant to point 5.2. Kaia will immediately cease the processing of the personal data in question, but this will automatically mean that the service can no longer be provided to the user. However, pursuant to the law of obligations, the user shall continue to be obligated to pay the amounts owed up until the effective date of the ordinary termination.
In the event of termination, Kaia will initially permanently pseudonymize and block the respective user account. However, before doing so, Kaia will give the user the option of transferring their data to a third party (in accordance with the right of portability granted by data protection law). If the user does not make use of this option, access to the account or the information stored in the account will no longer be possible. The account will be permanently deleted by Kaia, once all legal retention or limitation periods cease to apply.
Persons who have not yet reached the age of 16 are excluded from services. Persons who have not yet reached the age of 18 require the consent of their legal representative in order to use the services.
If the customer experiences any signs of cardiovascular, respiratory and/or musculoskeletal illness, the customer should urgently consult a physician before obtaining the services offered by Kaia, in order to rule out any possible risks of a participation in those services. It is, in general, important to listen to your body: if an exercise causes pain or general discomfort, do not perform it.
The participation in the services is, in any case, excluded if the customer suffers from one or more of the contraindications and/or if such a condition has been diagnosed by a therapist or physician and/or if such a condition is suspected by a physician or therapist.
The contraindiciations are listed in the instructions for use of the respective product:
Kaia 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.
With regard to the appointments agreed between the customer and Kaia for telephone, chat or Skype consultation, Kaia 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 Kaia, the customer shall not be entitled to any claims.
If the customer wishes to postpone or cancel a telephone, chat or Skype consultation appointment scheduled with Kaia, they must notify Kaia 24 (twenty-four) hours before the appointment by means of the respective form on the website www.kaiahealth.de or in the mobile app or in any other form specified by Kaia in the relationship with the respective customer. Otherwise, the customer will have to pay the full price of the agreed service.
The customer undertakes to keep their access data to the user profile, in particular but not exclusively the password for access, secret and to protect it from any third-party access, and to neither tolerate nor allow third parties to gain knowledge of it. In the event of misuse or loss of the password or a corresponding suspicion, the customer must notify Kaia without delay.
The customer is obligated to provide correct, complete and truthful information when registering the customer profile and when booking Kaia's individual program offers.
Kaia is intended exclusively for consumers. The content of the services offered by Kaia as well as the information on the website www.kaiahealth.de may only be used or reproduced for personal and not for commercial purposes. Any disclosure of the content is prohibited, unless the express consent of Kaia is available in text form.
For their own safety, the customer must perform the exercises demonstrated by Kaia with due care and in accordance with Kaia's instructions.
The customer is obligated to notify Kaia without delay of any medical conditions, illnesses, physical characteristics or the like that, in any way, conflict with and/or are not in accordance with the exercises provided by Kaia. The customer has the same notification obligation if the exercise provided by Kaia involves movements that the customer is not allowed to perform due to the instructions of a physician or therapist.
If instructions (e.g. for certain exercises) are provided within the context of Kaia's services, these instructions must be followed in order to avoid injury or health risks.
Kaia is liable without limitation for any damages due to injury to life, body or health. Kaia is only liable for other damages if Kaia, its legal representative or one of its vicarious agents has breached an essential contractual obligation (i.e. an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place, the breach of which jeopardizes the achievement of the purpose of the contract and the compliance with which the user regularly relies on, so-called "cardinal obligation") or if the damage is due to gross negligence or intentional action on the part of Kaia, its legal representative or one of its vicarious agents.
If a culpable breach of an essential contractual obligation (cardinal obligation) is not due to gross negligence or intent, Kaia's liability shall be limited to such typical damages that were reasonably foreseeable for Kaia at the time of the conclusion of the contract.
The limitations of liability in this point 10 apply to both contractual and non-contractual claims and are valid for the benefit of Kaia'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.
When concluding a user contract or a contract for a one-time additional service or a subscription, the customer shall, in each case, be entitled to the following right of withdrawal.
The customer has the right to withdraw from the contract within fourteen days without giving any reason. The withdrawal period is fourteen days as of the date of the conclusion of the contract.
The notice of withdrawal must be addressed to:
kaia health software GmbHand must be given in the form of an unambiguous declaration (e.g. a letter sent by mail, fax or email) of the decision to withdraw from the contract. The attached withdrawal form template may be used for this purpose; however, the use of this form is not mandatory.
If the customer withdraws from the contract, all payments received from the customer, including delivery costs (with the exception of additional costs resulting from the fact that a shipping method other than the cheapest standard delivery offered was chosen), will be refunded immediately, however, no later than within fourteen days as of the day on which Kaia received the notice of withdrawal from the contract. Unless expressly agreed otherwise with the customer, the same payment method as the one used by the customer for the original transaction shall be used for this refund; in no case will the customer be charged for this refund.
If the customer has requested that the provision of services shall begin during the withdrawal period, the customer must pay Kaia a reasonable amount corresponding to the portion of the services already provided at the point in time at which the customer notifies Kaia of their exercise of the right of withdrawal with regard to the respective contract in relation to the total scope of the services provided for under the respective contract.
In the case of a contract for the supply of digital content that is not contained in a tangible medium, the right of cancellation shall expire prematurely pursuant to Sec. 356 para. 5 of BGB (German Civil Code) if the trader began performance of the contract after the customer
The following withdrawal form may be used for a withdrawal from the contract:
I/we (*) hereby withdraw from the contract for the purchase of the following goods (*)/the provision of the following service (*) concluded by me/us (*)
______________________________________
Ordered/Received on (*)
______________________________________
Name of the consumer(s)
The form must be sent in writing or by email to the following address:
kaia health software GmbH
Herzog-Wilhelm-Straße 26, 80331 Munich
support@kaiahealth.de
Kaia's Privacy Policy, which the customer may view at any time on Kaia's website https://kaiahealth.de/rechtliches/datenschutzerklaerung/ applies in addition to these GTC.
All texts, software, images, graphics, videos, audio documents etc. provided on these pages, the Kaia mobile app, Kaia's emails, during Kaia's chat, Skype and telephone consultations, as well as within the scope of all other services offered by Kaia, are protected by copyright. Any unauthorized further use of thereof requires the express consent of Kaia in text form.
Kaia reserves the right to change and adapt the GTC at any time with effect for the future without giving reasons.
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.
In the event of an objection within the deadline, Kaia may terminate the contractual relationship with the customer without notice, whereby payments already made will be refunded proportionally in relation to the remaining term. If Kaia does not terminate the previous contractual relationship after the effective objection, the previous GTC shall continue to apply without changes to the relationship with the corresponding customer.
The laws of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. If the customer has placed the order as a consumer and has their habitual residence in another country at the time of the order, the applicability of mandatory legal provisions of this country shall remain unaffected by the choice of law made in sentence 1.
If the customer is a merchant and has their registered office in Germany at the time of the order, the exclusive place of jurisdiction shall be the registered office of Kaia, Munich. In all other respects, local and international jurisdiction shall be governed by the applicable statutory provisions.
Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The unenforceable or invalid provision shall be replaced by a valid or enforceable provision, the effects of which come closest to the economic objective that Kaia and the customer pursued with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the Terms and Conditions prove to be incomplete.