Terms and Conditions
1.2. In addition, the data protection declaration for the use of the website and the data protection declaration for the use of the services regulate the rights and obligations of the users of the services of neratherapy and neratherapy itself in connection with the relevant data protection laws, in particular in the context of the processing of health data of the users.
1.3. As part of neratherapy's service, neratherapy enables users to communicate with a consultant provided by neratherapy via a digital communication platform. neratherapy provides help and support services to cope with personal crises, problems and comparable topics. This may include information about health.
1.4. The use of the neratherapy service is primarily made possible via the communication platforms of WhatsApp, (a service of Facebook, Zoom Inc.) and SMS. The provision of the platform and services is not the subject of the service of neratherapy and to be provided by users at their own expense.
2. Scope and modification of these Terms
2.1. By using the service of neratherapy , the user(s) agrees to the present conditions. Deviating and supplementary individual contractual agreements between users and neratherapy take precedence over the provisions of these conditions.
2.2. The commercial use or further distribution of the offers of neratherapy by the user(s) is prohibited.
2.3. neratherapy is entitled to change these conditions if the user(s) agrees to the change. The consent of the users is deemed to have been given if neratherapy has notified the users of the proposed change to the conditions in text form no later than six weeks before the proposed date of their entry into force and the user has not objected in text form within six weeks thereafter. neratherapy undertakes to inform the user of the respective changes with the notification of change and to the approval effect of a failure to object in good time by means of a special, highlighted reference.
2.4. neratherapy is entitled to change provisions of these terms and conditions that do not lead to or affect a significant transformation of the contractual structure at any time and without giving reasons, provided that this change does not lead to a transformation of the contractual structure as a whole. The essential provisions of the contractual structure include, in particular, regulations relating to the type and scope of the contractually agreed services, the term and the termination of the contract. There are no verbal or written ancillary agreements.
3.1. The service of neratherapy is not intended as a substitute for specifically indicated and, if necessary, medically recommended or ordered medical and psychotherapeutic consultations and services. By using the service of neratherapy , you agree to use the service only for the intended information and communication purposes and in particular not for specific medical purposes.
3.2. The service of neratherapy does not replace a doctor's visit or a specifically displayed or ordered psychological service and the use is at the user's own risk. If users suffer from physical or psychological complaints and are not under medical treatment, it is urgently recommended that users consult a doctor or psychotherapist. The medical causes of a specific disease can only be determined and treated by a doctor. neratherapy does not offer any medical or psychotherapeutic services. In particular, in the event of symptoms of illness, specific physical ailments or a deterioration in the state of health in connection with the use of neratherapy's services, the use should be terminated and medical help sought.
4. General scope of services
4.1. The neratherapy service is primarily provided via the digital platforms WhatsApp ZOOM and via SMS. Via this platform and services, the respective users can communicate with the consultants of neratherapy. Through the counsellors, neratherapy provides help and support services to cope with personal crises, problems and comparable topics.
4.2. neratherapy collects the transmitted and provided data from the users, in particular with regard to the state of health, possibly in connection with physical activities and medications taken, as well as other data about the body. These personal data are in particular health data within the meaning of the General Data Protection Regulation.
4.3. The services offered by neratherapy are subject to a charge. In particular, the offer of neratherapy is usually aimed exclusively at children, adolescents and young adults up to 25 years. Older persons may be denied the use of service by neratherapy, based on the respective individual case.
4.4. Users can terminate the use of the services offered by neratherapy at any time by informing neratherapy via chat or zoom or by cancelling the chat. In exceptional cases, consultants can reassure themselves about the will to terminate the claim. After confirmation by the users, the contact is terminated.
4.5. neratherapy reserves the right to change the services at any time. neratherapy will inform users in this case. Users are free to terminate their use.
4.6. neratherapy does not undertake to back up data for users and does not assume any contractual assurances, guarantees or guarantees that go beyond the statutory provisions, unless otherwise agreed in individual cases.
5. Technical requirements
5.2. neratherapy may, at its own discretion, refuse its service to users, for example if they can disrupt or falsify the service.
6. Rights and obligations of users
6.1. A transfer of the user account of WhatsApp, Zoom of the device (for communication via WhatsApp to neratherapy) or other possible accounts, for communication with Krisenchat, to third parties is prohibited. Users may only use the services of neratherapy for their own private purposes or for other purposes coordinated with neratherapy.
6.2. The Service or parts thereof may be subject to copyright protection. Users only receive a simple, non-exclusive, non-transferable and revocable right to personal use of the services provided by neratherapy.
6.3. Furthermore, users are not permitted to
allow third parties to access or use the Services, such as an indeterminate group of people by using the Services in public areas (such as cinemas, theatres, exhibitions, show rooms, hotels, bars, restaurants or other public spaces);
post or distribute content that is unlawful, misleading, malicious, discriminatory, pornographic, threatening, offensive, obscene, defamatory, ethically offensive, glorifying violence, harassing, unsuitable for minors, racist, incitement, xenophobic or otherwise despicable and/or reprehensible, as well as free of viruses, worms, Trojan horses or other malicious code that endangers the functionality of the Services, or may adversely affect;
to remove or obscure copyright notices and/or notices on trademarks or other property rights of neratherapy, companies affiliated with neratherapy or third parties;
transfer or assign any rights or obligations under these Terms to any third party.
6.4. The use of neratherapy's services may be reserved for persons who meet certain requirements. In particular, the offer of neratherapy is usually aimed at children, adolescents and young adults up to the age of 25 years - exceptions may exist individually in individual cases. Users are responsible for ensuring that the Services are only available to persons who meet these requirements. In particular, users undertake to comply with the applicable provisions on the protection of minors from content harmful to minors.
6.5. When using neratherapy, users must take into account contractual agreements with third parties, in particular their Internet access provider and Facebook Inc.
6.6. In order to be able to use the offer of neratherapy to its full extent, users must constantly update their software, for example install current browser technologies or operating system updates of the respective end devices and apps and programs used. It may also be that certain activations are required to take full advantage of the performance (for example, the activation of Java script, cookies, pop-ups). If older or not commonly used software is used, users may only be able to use the services of neratherapy to a limited extent.
7.1. The contents of neratherapy accessible on the websites and services are, unless otherwise indicated, subject to worldwide copyright. Duplication, processing, distribution and any kind of exploitation of the contents, services and software require the written consent of neratherapy.
7.2. By using the Service (and/or providing input information), Users do not acquire any legal rights, title or interest in the Service or Software. The Service and Software are protected by copyright, trademark, intellectual property rights and other applicable laws.
8.1. The services provided by neratherapy were and are created with the utmost care. neratherapy cannot assume any liability for the accuracy, completeness and topicality of the contents . neratherapy is in no way liable for user content such as chat histories. The User is solely responsible for backing up personal User Content. neratherapy assumes no liability for the deletion, damage or failure to store User Content maintained or transmitted through the use of the Service, except for liability required by applicable law.
8.2. The use of the service of neratherapy is expressly at your own risk. Product descriptions are not guaranteed unless this has been agreed separately in writing. neratherapy does not guarantee that the service can be used to achieve certain interests.
8.3. Neratherapy expressly points out to users that any exercises and recommendations presented within the scope of the services provided are designed for averagely healthy and physically and mentally resilient persons and that users implement any recommendations or assistance themselves on their own responsibility.
8.4. Neratherapy is not liable for contractual and other claims of the users.
8.5. Neratherapy is not liable in the above.
8.6. In other than in the in para. 8.4. and 8.5. and notwithstanding the following paragraph, the liability of neratherapy is excluded regardless of the legal grounds.
8.7. The above limitations of liability apply accordingly to all organs, employees and vicarious agents of neratherapy. They do not change the statutory burden of proof.
9.1. Neratherapy endeavors to enable trouble-free operation of its services and to keep them available as permanently as possible, but points out that complete or complete availability is technically not feasible and therefore assumes no guarantee for trouble-free operation or a certain availability. In particular, neratherapy may restrict access to the services without giving reasons – in whole or in part as well as temporarily or permanently. neratherapy is entitled at any time to change and remove provided content, services and functionalities and to make new content, services and functionalities available or to discontinue the service altogether.
9.2. neratherapy is entitled to transfer the rights and obligations arising from the legal relationship to a third party. neratherapy will inform its users in writing about the transfer.
9.3. EU and Swiss law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
9.4. The agreed place of jurisdiction for all disputes arising from the contractual relationship between users and neratherapy is the registered office of neratherapy, provided that the users are a merchant within the meaning of (a legal entity under public law or a special fund under public law). Notwithstanding this, neratherapy remains entitled to sue the user at their legal place of jurisdiction.
9.5. For complaints about neratherapy, you can contact the European Platform for Online Dispute Resolution in Consumer Affairs at any time: https://ec.europa.eu/consumers/odr/. neratherapy is not obliged and not willing to participate in dispute resolution proceedings before a consumer arbitration board.
9.6. Should individual provisions of these GTC be invalid or unenforceable or become ineffective or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by an effective and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The above provisions shall apply mutatis mutandis in the event that the provisions prove to be incomplete.