General Terms and Conditions for all further courses and products of EmoTrain GmbH

This English translation is provided for convenience only. The contract language is German (see Section I.2). In the event of any discrepancies or inconsistencies, the German version shall prevail. German legal terms and statutes (e.g. BGB, Produkthaftungsgesetz, Landgericht München I) as well as German-specific services (e.g. Telefonseelsorge) are retained in the original.

I. GENERAL INFORMATION

These Terms and Conditions (the "Terms") contain the terms and conditions under which we provide you with the content, products or services listed at www.lumeus-app.de (the "Website") by means of our application LUMEUS App ("App") or through other delivery methods (in particular via third-party app stores such as the Apple App Store, the Google Play Store, by email, or through online or offline lectures, seminars, workshops, follow-ups, individual sessions, etc.) (whereby this content, these products and services are hereinafter referred to as the "Product" or the "Products"). Please read these Terms carefully before ordering any Products. The contracting party is exclusively EmoTrain GmbH, with its registered office at Am Buchet 8a, 82057 Icking. The terms "LUMEUS", "us" or "we" refer to EmoTrain GmbH. "LUMEUS" (including "LUMEUS App" and "LUMEUS platform") as well as "LUMI" (AI Coach) are product or brand designations of EmoTrain GmbH and do not constitute separate contracting parties. These Terms expressly relate to the contract that you have concluded with EmoTrain GmbH for the use of the LUMEUS platform. The term "Device" refers to the device used to access the Products or to order the Products ("Order") and includes, for example, computers, smartphones and tablets. The term "you" refers to the user of the Products. If you do not agree with these Terms, please refrain from using the Products. For contacting us, please use the following email address: [email protected]. You can send all of your correspondence with LUMEUS, including any questions you may have about the Products or these Terms, to this contact email address, or contact us using the other communication methods offered on our Website or in our Apps.
The contract language is German.
You can access, save and print the current Terms on the Website or in the App, as well as at any time during the registration or ordering process.

4.1. These Terms and the Order conclusively govern the entire agreement between you and us regarding the provision of the Products. It may occur that, in order to use certain Products, you must agree to additional terms and conditions; these additional terms are hereby incorporated into these Terms. If these additional terms and conditions conflict with the present Terms, the additional terms shall prevail.

4.2. Before you use the Products or commit to purchasing the Products, please check whether the information contained in these Terms and the Order is complete and accurate. If you believe there is an error, please contact us and ask us to confirm any changes in text form, as we are only liable for statements and representations if these have been made in writing by a LUMEUS representative.

4.3. If you have been named as a Named User within the scope of corporate use and access to the LUMEUS platform has been provided to you by a third party (e.g. your employer) ("Corporate User"), please note that various provisions of these General Terms of Use do not apply to you. The relevant provisions are each marked with the addition "DOES NOT APPLY TO CORPORATE USERS".

5.1. LUMEUS has the right to change the contractually agreed services and the present Terms, provided that this proves necessary for a valid reason that was not foreseeable at the time the contract was concluded, and that such change is reasonable for you, in particular because the relationship between performance and consideration does not change significantly to your disadvantage. A valid reason exists if the change is required to remedy non-insignificant difficulties in the performance of the contract that are attributable to gaps in the provisions which came to light after the conclusion of the contract. This may be the case in particular if the case law on the validity of the provisions contained in these Terms changes, if one or more provisions of these Terms are found to be invalid by case law, if a statutory change leads to the invalidity of one or more provisions of these Terms, and as a result certain promotional or special offers are added or changed or certain content, functions or features of the Products are removed.

5.2. You will be informed in text form at least eight weeks before the planned changes take effect ("Change Notification").

5.3. In the event of changes to the contractually agreed services and the present Terms, you may terminate this contract in text form at any time with effect as of the date the changes take effect.

5.4. Changes to the contractually agreed services and the present Terms shall be deemed approved if you do not expressly object to them after receipt of the Change Notification. LUMEUS will expressly inform you of this legal consequence, the beginning of the period, the period itself, and the point in time at which the change takes effect. If such notification is missing or incomplete, the absence of an objection does not constitute consent to the changes.

5.5. If you object to the changes, LUMEUS may terminate this contract in text form with effect as of the date the changes take effect. In the event of termination, LUMEUS will refund fees already paid by you on a pro rata basis.

II. NATURE AND SCOPE OF USE

You can register as a registered user of the Products (a "Member"). To become a Member, you must navigate to the relevant section of the Products, then provide us with your first and last name and your email address and create a password to be used in connection with this email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device. You may only register for one Member account. Membership is a prerequisite for access to the LUMEUS platform and for retrieving the content and Products offered on it.
In the course of your use of the Products, you may be asked to provide us with certain personalized information (this information is hereinafter referred to as "User Information"). Our policies on collecting and using information with regard to the privacy of such User Information are set out in the LUMEUS Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information, and you agree to keep it up to date. By registering for membership, you represent that:

you are legally competent to enter into binding contracts; all registration information submitted by you is truthful and accurate; you will be responsible for the accuracy and completeness of this information in the future; and your use of the Products does not violate any applicable legal provisions. You must be at least 18 years old or of legal age under the rules of your province, territory or country in order to become a Member. Persons under 18 years of age or persons who are not yet of legal age under applicable law may use the Products only with the involvement and consent of a parent or legal guardian, via that person's account, and otherwise in accordance with these Terms.

You are responsible for keeping your account, your password and other user information confidential and for restricting access to your Device to further protect your data. You are responsible for regularly updating your user information.
DOES NOT APPLY TO CORPORATE USERS

4.1. Holders of a LUMEUS account who are not Corporate Users can only access the Products of the LUMEUS App if a paid subscription exists that grants them access to all content that is part of the Product. You only have access for as long as your paid subscription is active and continues to exist.

4.2. You may have access to a free trial version of LUMEUS, which is automatically converted into a paid annual or monthly subscription after a certain period of time. In such cases, you can deactivate the automatic conversion. To do so, follow the cancellation instructions set out in Section 3 before the conversion date.

4.3. You can purchase the Products primarily via our own webshop on our Website (www.lumeus-app.de). In addition, you may also conclude a subscription for the Products in the App or via third-party app stores. Please note that if you purchase a subscription via the Apple iTunes Store or our iPhone App, the purchase is final and we do not grant refunds. Your purchase is subject to Apple's applicable payment policies, which may likewise not provide for refunds. If you purchase a subscription via the Google Play Store, the sale is final and we do not grant refunds. Your purchase is subject to Google's applicable payment policies, which may likewise not provide for refunds. In the case of a purchase via our webshop, your statutory right of withdrawal as a consumer (Section V) remains unaffected.

4.4. You can conclude a paid subscription program by purchasing the Products on the Website, in the Apps, or in another way. The provision of the paid subscription program on our Website or in our App does not constitute a binding offer on our part to conclude a contract for the paid subscription program ("paid subscription contract"), but merely an invitation for you to submit an offer to us.

4.5. The contract for a paid subscription is concluded when, immediately after receipt of your offer to conclude a paid subscription, we send you a confirmation of receipt of your offer to order a paid subscription to the email address that you provided to us during your registration or by another means ("conclusion of a paid subscription contract"). With this email, we accept your offer to conclude a paid subscription.

4.6. If you conclude the subscription directly or via a third-party app store, the terms and conditions of these partners may apply additionally to the subscription, and payment and management may also be handled via these partners.

4.7. LUMEUS offers subscription options with a one-month or annual term (the "Subscription Period"). For the purposes of our monthly and annual subscriptions, one month consists of 30 calendar days and one year consists of 365 calendar days. Your right to access the Products is not inheritable.

4.8. The "Monthly Subscription" of LUMEUS is payable in monthly installments. You agree that LUMEUS may charge the payment method selected by you during registration for membership for all months in which your monthly subscription is active, in the amount of the monthly subscription fee agreed at the time of conclusion of the paid subscription contract. The payment method provided by you will automatically be charged with the monthly subscription fees for renewal until cancellation. To avoid the next monthly subscription fee being debited from the payment method provided by you, you must cancel your subscription before it renews for another month. A refund of pro rata subscription periods is not possible.

4.9. The usage fee for the "Annual Subscription" of LUMEUS is paid in the form of a one-time advance payment. The annual subscription renews at the end of the respective Subscription Period for a further year in each case. LUMEUS is entitled to charge the payment method used with (i) the initial annual subscription fee in the amount of the special rate granted at the time of purchase, and (ii) the renewal fee(s) in the amount of the non-reduced rate agreed at the time of conclusion of the paid subscription contract. To avoid the renewal fee being debited from the payment method provided by you, you must cancel your subscription before its next renewal. A refund for pro rata subscription periods is not possible in this case.

4.10. The prices for paid subscriptions are final prices that include taxes and other costs ("Price"). The Price will be displayed to you before you submit your paid subscription offer. The Price is due in advance upon conclusion of the paid subscription contract. The payment methods vary depending on the country in which you are located and the payment methods available and technically feasible there. The payment methods are displayed before you conclude the paid subscription contract. Please always state the order number in your further correspondence. Any bank charges caused by payments to your account shall be borne by you. If a payment is not received by us via the payment method you specified, you undertake to pay all amounts due upon our request.

4.11. You agree that you are not permitted to resell the Products you have purchased from LUMEUS for commercial purposes.

In order to use Products via your smartphone or another Device, the Device must meet certain system requirements. You can find these requirements in the app stores of Google and Apple. We will make this information available before the conclusion of the contract.

III. SCOPE OF LICENSE DOES NOT APPLY TO CORPORATE USERS

Subject to the conditions of the license agreement provided for in this Section III. ("License Agreement") and the other terms governing the contract, as well as the payment of the applicable subscription fees, LUMEUS grants you a limited, non-exclusive, revocable license to stream and download the Products and to use them for non-commercial purposes.
The Products contain or embody copyright-protected material, proprietary material or other intellectual property of LUMEUS or its licensors. All rights, title and ownership in the Products remain with LUMEUS or its licensors. The rights to download and use the Products are not sold to you but only licensed, and you acquire no rights to them other than the right to use them in accordance with this License Agreement and our other terms governing the contract.
You undertake to refrain from the following actions, not to assist third parties in carrying out these actions and not to permit them to carry out these actions:

copying, storing, reproducing, transmitting, modifying, altering, reverse engineering, reproducing, decompiling or disassembling the Products in any way, or creating works derived from or based on the Products; using the Products or parts thereof to create a tool or software product with which software applications of any kind can be created; using the Products or parts thereof (including the audio, text, image and other content) to train, develop, validate or operate artificial intelligence (AI) or machine learning systems, as well as reproducing, copying, imitating, synthesizing or generating identical or derived content – including voice, speech or sound imitations – with the help of such systems; renting, leasing, lending, making publicly available, selling or distributing the Products in whole or in part; manipulating the Products or circumventing technologies used by LUMEUS or its licensors to protect the content accessible via the Products; circumventing territorial restrictions that apply to the Products; or using the Products in a manner that constitutes a breach of this License Agreement or the other terms governing the contract. 4. You may not make the Products publicly available. The Products provided (in whole or in part) are the property of LUMEUS or its licensors; when using the Products, you must comply with these Terms.

IV. TERM AND TERMINATION

DOES NOT APPLY TO CORPORATE USERS

You can cancel our annual subscription within 4 weeks before renewal. You can give notice of cancellation in text form, for example by sending an email to [email protected].

We may suspend or terminate your use of the Products extraordinarily for good cause, in particular due to fraud on your part. This termination or suspension may take place immediately and without prior notice if, taking into account the circumstances of the individual case and weighing the interests of both parties, it is unreasonable for LUMEUS to notify you in advance. Good cause entitling us to extraordinarily terminate your use of the Products exists in particular if:

you copy or download the audio or video content of the Products without authorization, you breach your obligations under Section VIII.4., or you breach your obligations under Section X.6. in a serious and persistent manner.

V. STATUTORY RIGHT OF WITHDRAWAL

If you are a consumer within the meaning of § 13 BGB (German Civil Code), i.e. a natural person who concludes a legal transaction for purposes that are predominantly outside their commercial or independent professional activity, you have a statutory right of withdrawal for the paid subscription contract under the following conditions:

Right of Withdrawal

You may withdraw from this contract within 14 days without giving any reason. The withdrawal period ends 14 days after the day on which the contract was concluded. To exercise your right of withdrawal, you must inform us of your decision to withdraw by means of a clear statement (e.g. a letter sent by post or fax, or an email) addressed to the following contact details: EmoTrain GmbH, Am Buchet 8a, 82057 Icking, Germany, Email: [email protected]. To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period expires.

Effects of Withdrawal

In the event of withdrawal from this contract, we will refund to you all payments we have received from you, including the costs of delivery (with the exception of the additional costs resulting from your choice of a delivery method other than the cheapest standard delivery method offered by us), without undue delay and in any case no later than 14 days from the day on which we are informed of your decision to withdraw. For this refund, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged any fees as a result of this refund.

Model Withdrawal Form

(Complete and return this form only if you wish to withdraw from the contract.)

— To EmoTrain GmbH, Am Buchet 8a, 82057 Icking; Email: [email protected]

— I/We () hereby give notice that I/We () withdraw from my/our () contract for the purchase of the following goods () /for the provision of the following services (*)

— Ordered on () /received on ()

— Name of consumer(s)

— Address of consumer(s)

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

— Date

(*) Delete as appropriate.

Early Expiry of the Right of Withdrawal

Your right of withdrawal expires early if, with your express consent, we have begun performance of the paid subscription contract before the end of the withdrawal period, and you were aware that, by giving your consent, you would lose your right to withdraw from the paid subscription contract as soon as we begin performance of the contract.

VI. PROMOTIONAL AND DISCOUNT CODES DOES NOT APPLY TO CORPORATE USERS

The promotional codes or offers provided by us (including special discount options) cannot be combined with other, earlier or current promotional codes or offers. Introductory offers are only open to new users of the Products, unless expressly stated otherwise. Former users or trial users of the Products are not considered new users. Promotional codes or discounts do not apply to subscriptions concluded by companies or other consumer communities. Unless the respective promotional conditions provide otherwise, all price promotions or discounts apply to the initial term of the subscription; renewals are concluded at the regular rate, as communicated before the purchase of the Product.

VII. PROHIBITED USE OF THE PRODUCTS

You undertake not to upload, publish, email or otherwise send, transmit or introduce any material that contains software viruses or other computer code, files or programs designed to interrupt, impair, damage, destroy or limit the functionality of computer software or hardware or equipment connected directly or indirectly to the Products, or the Products themselves. You undertake not to interfere with the servers or networks underlying or connected to the Products, or to violate any procedures, policies or regulations of networks connected to the Products. You may not access the Products in an unauthorized manner.
You undertake not to impersonate another person while using the Products, or to behave in an improper manner, or to use the Products for illegal, immoral or harmful purposes.
By violating the provisions in this Section VII., you may be committing a criminal offense under the respective applicable law. We may report such a violation to the competent law enforcement authorities and cooperate with these authorities by disclosing your identity. In the event of such a violation, your right to use the Products ends with immediate effect.
You undertake not to use the Products for purposes of scientific research, analysis or evaluation of the Products without the express written consent of LUMEUS.

VIII. CONTENT OF THE LUMEUS APP

Unless otherwise stated, all materials contained in the Products (including software and content, whether downloaded or not) are the property of LUMEUS and/or, where applicable, our third-party licensors. You acknowledge that the materials constitute a valuable asset owned by LUMEUS and that, apart from a simple and limited license to use these materials, you may not acquire any ownership rights in these materials. The materials may not be used for purposes other than those provided for in these Terms and other relevant terms and conditions without our prior written consent.
You acknowledge that certain materials on or in the Products are owned by third-party licensors and that these licensors, without prejudice to all other available rights and remedies, have the right to enforce the relevant provisions directly against you.
Audio or video content of LUMEUS that is not expressly marked as downloadable may not be downloaded or copied from the Products or a Device.
The Products are not intended for commercial use. Commercial advertising, affiliate links and other forms of advertising may be removed by us without prior notice and may result in a withdrawal of usage rights. Without obtaining an appropriate written license, you may not use the materials used in or on the Products, in whole or in part, for commercial purposes. Materials contained in the Products may not be copied or distributed, republished or transmitted in any way without our prior written consent. You undertake not to use the Products for unlawful purposes (in particular not for unlawful, harassing, defamatory, privacy-infringing, abusive, threatening or obscene purposes) and you undertake to comply with all laws, regulations and provisions in connection with your use of the Products. In the event of unlawful or unauthorized use of the Products, appropriate legal action may be taken.
A limited amount of content may, with appropriate labeling, be released for publication on the user's personal social media channels (Facebook, Twitter, etc.). With regard to content that LUMEUS makes available via the Products and that is expressly released and labeled accordingly for distribution by you within the scope of your blog or other online comments, analyses or reviews ("User Comments") (the "content released for distribution" or the "released content"), LUMEUS grants you the limited right to download, reproduce and distribute the content released for distribution within the scope of your User Comments. You may also modify this content released for distribution, but only to the extent necessary to technically accomplish the presentation and distribution of this content via your computer systems and the internet (e.g. in the form of a change to the video format or file size), provided that these changes do not significantly alter the substance or quality of this content. You may also have to comply with other terms and conditions when presenting and distributing released content that are contained in the description of this content in the Products, such as the requirement that the display and distribution of released content is only permitted at specified times of use. You undertake not to publish the released content together with other content that, to your knowledge, is false, inaccurate or misleading, or that promotes activities or behavior that is unlawful, harmful, threatening, abusive, harassing, unauthorized, defamatory, vulgar, obscene, pornographic, defamatory, privacy-infringing of another person, hateful or racially, ethnically or otherwise offensive.
You are not permitted to otherwise download, display, copy, reproduce, distribute, modify, perform, transmit, create derivative works from, sell or otherwise exploit content, codes, data or materials contained in the Products. If you use the Products or the content, codes, data or materials contained in the Products in a manner other than as provided above, this may constitute a violation of copyright and other laws of the Federal Republic of Germany and may result in liability arising from such unauthorized use. LUMEUS will enforce its intellectual property rights to the fullest extent permitted by applicable law and will, where appropriate, initiate criminal proceedings.
The name LUMEUS, the LUMEUS logo and all other product and service marks are trademarks of LUMEUS. All intellectual property rights as well as all other trademarks, logos, images, product and company names displayed or mentioned on or in the Products are the property of their respective owners. As a user, you receive no licenses or rights to use, modify, remove or reproduce these materials. You are strictly prohibited from misusing the trademarks displayed on the Products. LUMEUS will enforce its trademark rights to the fullest extent permitted by applicable law and will, where appropriate, initiate criminal proceedings.

IX. AVAILABILITY OF PRODUCTS

LUMEUS is entitled to change, suspend or discontinue the LUMEUS App or the Products, provided and to the extent that the contractually owed services remain available to you (e.g. adding new content, functions and Products on the LUMEUS App). LUMEUS always endeavors to provide you with the Products and the LUMEUS App as uninterrupted as possible; however, from a technical point of view, constant 100% uninterrupted availability cannot be guaranteed. In particular, maintenance, security or capacity issues as well as events beyond our control (e.g. disruptions of public communication networks, power outages, etc.) may lead to disruptions or temporary suspensions.

X. USER MATERIAL

It may occur that you send us material via the Products: for example, you can upload a photo to your profile, publish topics and comments in the community and comment on various topics in various parts of the Products. You may also be able to upload videos, images or audio recordings. In these Terms, we use the term "User Material" for publicly accessible material of any kind that you send us, including texts, files, images, photos, videos, audio recordings and musical or literary works. Account information, information on the purchase or use of Products that you provide to us when registering for and using the Products does not fall under the term "User Material".
This Section X. governs the rights and obligations of both parties in connection with User Material. You undertake to comply with these Terms when reviewing or submitting User Material. If you do not wish to review or submit User Material in accordance with these Terms, you should refrain from doing so.
We do not carry out any prior review of the User Material submitted by you or other users. We are not responsible for the content of the User Material submitted by you or another user. We do not necessarily endorse the opinions that may be contained in these materials. We make no express or implied warranties or representations regarding the User Material, including as to its legality or accuracy.
We reserve the right, taking into account your legitimate interests, in particular your right to freedom of expression, to remove or modify User Material if this User Material violates this Section X.
We may link User Material in whole or in part with other materials, in particular with materials submitted by other users or created by LUMEUS or third parties. We may use User Material for our internal business purposes, e.g. to examine trends or categories or to carry out marketing or advertising activities for LUMEUS. You agree that we may derive an indirect economic benefit from the use of your User Material.
You may only submit User Material to us under the following conditions:

The User Material is your property or you have the right to submit it and, by submitting it, you do not violate the rights of third parties, in particular not intellectual property rights (such as copyrights or trademark rights), the right to protection of privacy or publication rights, confidentiality rights or contractual rights. Your User Material may not be illegal, obscene, defamatory, threatening, pornographic, harassing, hateful, racially or ethnically offensive, nor may it promote behavior that is to be regarded as a criminal offense. The User Material does not give rise to any civil liability and may not violate any laws or otherwise be regarded as inappropriate. Your User Material does not advertise products or services and does not serve to initiate business. Your User Material does not contain any personal data (such as names, addresses, email addresses, telephone numbers or still images or videos). You do not collect usernames and/or email addresses of users in order to send them unsolicited emails. You undertake not to engage in any criminal or unlawful activities, including fraud, spamming, spimming, sending viruses or other harmful files, copyright infringements, patent infringements or theft of trade secrets, or attempts to impersonate another user or another person. You undertake not to make any automated use of the system, for example by using scripts to modify our content. You undertake not to access, manipulate or use, without authorization, non-public areas of the Products, the computer systems of LUMEUS or the technical delivery systems of LUMEUS's providers. Except in cases where it is necessary to ensure the security of your own computers by using commercial off-the-shelf antivirus or anti-malware products, you may not attempt to investigate, examine or test the vulnerabilities of the Products or other LUMEUS systems or networks, or to breach security or authentication measures. 7. If we are legally obliged to do so, we may disclose your identity to third parties who claim that their rights have been infringed by User Material that you have submitted.

User Material is not considered confidential. You agree not to submit as User Material any content for which you have any expectations regarding confidentiality. We do not claim any ownership rights in User Material. However, by submitting User Material, you hereby grant LUMEUS an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, transmit, copy, perform, display, edit, distribute and otherwise exploit the User Material that you publish in the Products, or any parts of the User Material and all ideas, concepts or know-how contained therein and in all media now known or known later, and to create works derived from this User Material or to incorporate this User Material into other works, and to grant or authorize free licenses with respect to the foregoing. LUMEUS may incorporate your User Material into content released by LUMEUS that is made available to others via the Products. Please note that LUMEUS has no control over the User Material once it has been taken from the Products, and it is possible that other persons may reproduce the material found on/in the Products, in particular on other websites. You confirm that you are the owner of the rights to your User Material or have otherwise been granted these rights. You undertake to indemnify LUMEUS and its subsidiaries against all claims arising from or in connection with claims to rights in your User Material, as well as against all damages caused by your User Material.
All inquiries, feedback, recommendations, ideas and other information that are not part of your use of the Products or of the User Material submitted to us (together the "Submitted Material") are not treated as copyright-protected or confidential. By transmitting, uploading, publishing, emailing or otherwise submitting Submitted Material within the scope of the Products, you grant LUMEUS – while affirming your legitimacy in this regard – an irrevocable, perpetual, non-exclusive, royalty-free, worldwide license to use, transmit, copy, perform, display, edit, distribute and otherwise exploit the Submitted Material or any parts of the Submitted Material and all ideas, concepts or know-how contained therein and in all media now known or known later, to create works derived from this Submitted Material or to incorporate this Submitted Material into other works, and to grant or authorize free licenses with respect to the foregoing. When you submit Submitted Material, you confirm that you are the owner of the rights to your Submitted Material or have the corresponding usage rights. You undertake to indemnify LUMEUS against all claims arising from or in connection with claims to rights in Submitted Material, as well as against all damages caused by Submitted Material.

XI. NO PROVISION OF MEDICAL INFORMATION BY LUMEUS

LUMEUS is a provider of mental training delivered via the internet, mobile or offline in the field of prevention and wellness. We act neither as a healthcare provider nor as a provider of medical devices, nor do our Products constitute medical advice. Only your doctor or other healthcare provider is able to do this. Therefore, LUMEUS makes no promises, representations or warranties that the Products provide any therapeutic benefit.
All health information and links to the Products, regardless of whether they are provided by LUMEUS or by external providers, are provided solely for non-binding information purposes.
Recommendations or other materials in the Products serve solely for general information. Users may not rely on them and they do not constitute a substitute for professional medical advice that is based on your personal condition and your personal circumstances. The recommendations and other materials provided by us are intended to promote, but not replace, the relationship that exists between you and your healthcare providers. We assume no liability for the consequences resulting from you having read these recommendations or other materials or from others having reported them to you. Rather, you assume sole responsibility for your decisions and actions.
People with existing mental health conditions should consult their healthcare providers before starting to use LUMEUS.

XII. SPECIAL PROVISIONS FOR THE AI COACH (LUMI)

Subject Matter and Functioning

1.1. The LUMEUS AI Coach ("LUMI", hereinafter "AI Coach") is an optional, dialogue-based feature within the LUMEUS App or as a web application. It provides general information and motivation on the topics of stress management, sleep, emotional wellbeing and weight management.

1.2. The responses of the AI Coach are generated automatically by an AI language model of a third-party provider (Anthropic PBC). The use of the AI Coach is voluntary and is not necessary for the use of the other functions of the LUMEUS App.

1.3. The processing of your inputs in the AI Coach – including any health-related information – is described in the Privacy Notice for the LUMEUS AI Coach. The use of the AI Coach requires the explicit consent described there.

Scope and Limits of Services

2.1. The AI Coach serves solely for general information and motivation. It does not constitute individual advice.

2.2. The content of the AI Coach serves solely for general information and support within the scope of a healthy lifestyle. It does not constitute medical advice, diagnosis or therapy recommendation and does not replace the advice of doctors, psychologists or other members of the healing professions. In addition, the section "No Provision of Medical Information by LUMEUS" (Section XI) applies accordingly; in particular, we make no assurance that the AI Coach provides any therapeutic benefit.

2.3. Topics such as depressive moods, anxiety, sleep disorders or eating disorders can be serious illnesses. Please seek professional help immediately in the case of persistent or severe symptoms. The AI Coach is not intended for emergency or crisis situations and does not provide emergency assistance. In a medical emergency, please call the emergency number 112. In an acute psychological crisis, please contact the on-call medical service (116 117) or the telephone counseling service Telefonseelsorge (0800 111 0 111, free of charge, available around the clock).

Characteristics of AI-Generated Responses

3.1. The responses of the AI Coach are generated automatically. They may be incomplete, inaccurate, outdated or, in individual cases, unsuitable, and may in individual cases also contain factually incorrect statements.

3.2. The responses do not constitute binding professional information. We make no warranty as to the accuracy, completeness, timeliness or suitability of the content generated by the AI Coach for a particular purpose.

3.3. Please assess the responses of the AI Coach on your own responsibility and critically, and do not rely on them alone. For health-related or otherwise significant decisions, please consult qualified specialists.

Conditions of Use

4.1. The use of the AI Coach is permitted exclusively to persons of legal age (18 years and older).

4.2. Use requires an active user account and – insofar as the AI Coach is part of a paid offering – an active subscription.

4.3. You undertake not to misuse the AI Coach, in particular not to generate unlawful or harmful content or content that infringes the rights of third parties, and not to enter any data about other persons. In all other respects, the provisions on prohibited use of the Products (Section VII) apply accordingly.

Personal Responsibility

You decide on your own responsibility whether and how you implement information or suggestions from the AI Coach. Sole responsibility for your decisions and actions remains with you.

Availability

The AI Coach may depend on the availability and the services of the third-party provider. LUMEUS is entitled to change, temporarily suspend or discontinue the AI Coach in accordance with the section "Availability of Products" (Section IX). Uninterrupted availability of the AI Coach is not owed.

Liability

The section "Liability of LUMEUS" (Section XIII) applies to the liability of LUMEUS in connection with the AI Coach. The foregoing provisions of this section describe the content of the services and the characteristics of the AI Coach; they do not extend or limit the liability of LUMEUS beyond the provisions made in Section XIII. In particular, liability for intent and gross negligence, for damages arising from injury to life, body or health, and under mandatory statutory provisions remains unaffected.

XIII. LIABILITY OF LUMEUS

We assume full liability for intent and gross negligence as well as for damages caused by injury to life, body or health.
In the case of simple negligence, we are only liable if there is a breach of material contractual obligations. A material contractual obligation within the meaning of this provision is an obligation whose fulfillment makes the proper performance of this contract possible in the first place and on whose fulfillment the contractual partner may therefore generally rely.
If a case within the meaning of Section XIII.2. exists, we are not liable for lack of economic success, lost profit and indirect damages.
Liability under the preceding Section XIII.2. is limited to damages that are typical and foreseeable at the time the contract is concluded.
In the event of a loss of data, our liability under Section XIII.2. is limited to the costs that would have been incurred if you had properly backed up the data.
The foregoing limitation of liability also applies mutatis mutandis for the benefit of our employees, representatives and vicarious agents. Any potential liability for guarantees and for claims under the German Product Liability Act (Produkthaftungsgesetz) or data protection laws remains unaffected.
Disclaimer of Liability for the Premium Product LUMEUS x HEALTH FOR ALL Package

(1) The product "Lumeus x HEALTH FOR ALL" comprises digital content and services of EmoTrain GmbH (in particular the LUMEUS App and accompanying information) as well as separate additional services of HEALTH FOR ALL GmbH & Co. KG in cooperation with the benefit provider HALLESCHE Krankenversicherung AG. The digital content of EmoTrain GmbH does not constitute medical advice or treatment and does not replace it.

(2) For the content, scope, provision, quality and availability of the EUR 300 health budget, as well as for claims resulting therefrom, HEALTH FOR ALL GmbH & Co. KG in cooperation with the benefit provider HALLESCHE Krankenversicherung AG are solely liable.

(3) Notices, links or redirects in the LUMEUS App to HEALTH FOR ALL GmbH & Co. KG / HALLESCHE Krankenversicherung AG serve solely for information purposes.

Contact: [email protected]

XIV. MISCELLANEOUS PROVISIONS

ASSIGNMENT BY LUMEUS

LUMEUS may transfer its rights and obligations under these Terms at any time with prior notice to companies, firms or persons, provided that your rights under these Terms are not significantly impaired by such transfer. You may terminate this contract at any time if we transfer these rights to a third party. You are not permitted to transfer your account to third parties. These Terms are bound to your person, and third parties may only use services under these Terms to the extent stated herein.

If the user is a merchant (Kaufmann), a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in the Federal Republic of Germany, the place of jurisdiction for all possible disputes arising from the business relationship between LUMEUS and the user shall, at LUMEUS's choice, be Munich or the user's registered office. For actions against LUMEUS, the Regional Court of Munich I (Landgericht München I), Munich, Germany, shall be the exclusive place of jurisdiction in these cases. Mandatory statutory provisions on exclusive places of jurisdiction remain unaffected by this provision.
The relations between LUMEUS and the user are governed exclusively by the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.
To the extent that the contract or these General Terms of Delivery contain gaps in the provisions, those legally effective provisions shall be deemed agreed to fill these gaps which the contractual partners would have agreed in accordance with the economic objectives of the contract and the purpose of these General Terms of Delivery if they had been aware of the gap in the provisions.

EmoTrain GmbH

Am Buchet 8a

82057 Icking

Email: [email protected]