1. Introduction (scope of application; no curative treatment; amendment of the GTC).
1.1 These Terms and Conditions (these "Terms") set forth the terms and conditions under which we make content, products or services available to you on www.join-clay.com (the "Website"), through our applications (the "App"), or through other delivery methods (the Website and such content, products, services and the Apps are collectively referred to herein as the "Product" or "Products," as the same may be updated from time to time in Clay's sole discretion). The term "you" refers to the user of the Products. The User is required to read these Terms and Conditions carefully before he/she orders Products from the Website or from third party app stores (e.g., the Apple App Store).
1.2 The App and Website are an online offering by Clay Mental Health Gmbh (hereinafter: "Clay Health") with information, training plans, communication and/or exchange possibilities for people who are looking for support in a mentally difficult situation and exchange with people in the same or similar situations as help for self-help (hereinafter also: the "Product"). The term "Device" refers to the device used to access the Products, including but not limited to computers, smartphones and tablets. When you order ("Order") Products or otherwise use or access the Products, you agree to be bound by these Terms and all applicable laws, rules and regulations. You may also be asked to click "I Accept" at the appropriate point before purchasing or accessing the Products. If you do not click "I Accept" at that time, you may not be able to complete your purchase or access the Products. By using the Products, you agree to these Terms and agree to abide by them. If you do not agree to these terms, please refrain from using the Products.
1.3 The product does not include medical or psychotherapeutic advice or treatment and does not replace such. Curative treatment is not the subject of the product. In cases of an impairment of your mental health that requires medical or psychotherapeutic treatment, our product cannot replace a curative treatment, but can only be a useful supplement and prevention if necessary; please discuss this issue with a therapist and follow his recommendation.
Important note: If you have thoughts or even concrete plans to end your own life, the Clay Health product is not suitable for you. If such thoughts occur in the course of using our product, you must immediately consult a doctor or psychotherapist or immediately contact the telephone counselling service (telephone number: 1-800-273-TALK, Mental Health America (www.mhanational.org) or the known emergency numbers of the police (911) or the fire department (911).
1.4 For the contractual relationship between Clay Health and the user (hereinafter: "user" or "you") about the use of the product (including, if applicable, via mobile or desktop apps, if offered), these general terms and conditions (GTC) apply. Deviating GTC of the User will not become part of the contract, even if Clay Health does not expressly object to them.
1.5 Clay Health is entitled to change these GTC if the User agrees to the change. The User's consent shall be deemed granted if Clay Health has notified the User in text form of the proposed amendment to the GTC no later than six weeks prior to the proposed date of its entry into force and the User has not objected in text form within six weeks thereafter. Clay Health undertakes to inform the User of the respective changes with the change notification and by special, highlighted reference to the approval effect of a failure to object in time. Our contact email address is email@example.com. Any correspondence with Clay Health, including any questions you may have regarding your use of the Products or these Terms, should be sent to this email address.
2. Contract and membership
2.1 Prerequisite for the use of the product of Clay Health (paid programs and/or free content or services) is the registration of the User by Clay Health.
2.2 Users have two possibilities to access and use the Product.
(i) Free Trial ("Basics"): a free use of the App by accessing the overviews of our Journey Modules.
(ii) Paid Product ("Clay Health Premium"): a paid program that provides access to all content including and beyond the "Basics" product. Users will only have access to Clay Health Premium while their Offer is active and in place. Under certain promotional offers, users may have access to a free trial of Clay Health Premium. Users may access Clay Health Premium in the following ways: by purchasing an offer for the Product on the Website, within the Apps where permitted by App Marketplace Partners, or through a bundle with one or more of our bundle offer partners. It should be noted that if a Product is purchased through the Apple iTunes Store or our iPhone application, the sale is final and we do not issue refunds. The purchase is subject to Apple's applicable payment policies, which may also not provide for refunds. If a user purchases a product through the Google Play Store, the sale is final and we do not provide refunds. The purchase is subject to Google's applicable payment policies, which may also not provide for a refund. In addition, if the user purchases through one or more of our bundle offer partners, the purchase is subject to those partners' terms and conditions, and payment and management of the bundle offer may be managed by them.
2.3 Users may use Clay Health Premium as part of a monthly, 6-month or annual subscription. For the purposes of our monthly, 6-month and annual subscription, a month is equal to 30 calendar days and a year is equal to 365 calendar days.
Clay annual subscription
Membership is automatically deducted and renewed for one year for 119,99€. The user can cancel the membership at any time. The user can manage and deactivate the membership in the Appstore account settings. App payments via iTunes are managed and controlled by Apple. The user's payment will be deducted from the iTunes account as soon as he confirms it. Our "Annual Subscription" is paid for through an upfront payment with automatic annual renewal. User acknowledges and agrees that Clay Health is entitled to charge the payment method used for (i) the initial Annual Offer Fee at the rate secured at the time of purchase and (ii) the non-discounted renewal fee(s) in accordance with Section 5 (Payment Terms). User must cancel the Offer before it renews to prevent the Offer renewal fee from being charged to User's designated payment method. No refund may be requested for an incomplete Offer period.
Clay 6 month subscription
The membership is automatically deducted and renewed for 79,99€ every six months. The user can cancel the membership at any time. The user can manage and deactivate the membership in the Appstore account settings. App payments via iTunes are managed and controlled by Apple. The user's payment will be deducted from the iTunes account as soon as he confirms it. Our "6-Month Subscription" is paid through an upfront payment with automatic renewal every 6 months. User acknowledges and agrees that Clay Health is entitled to charge the payment method used for (i) the initial 3-month subscription fee at the rate secured at the time of purchase and (ii) the non-discounted renewal fee(s) in accordance with Section 5 (Payment Terms). User must cancel the Subscription before it renews to prevent the Subscription renewal fee from being charged to User's designated payment method. No refund can be requested for an incomplete subscription period.
Clay monthly subscription
The membership is automatically deducted and renewed for one month for 24,99€. The user can cancel the membership at any time. The user can manage and deactivate the membership in the appstore account settings. App payments via iTunes are managed and controlled by Apple. The user's payment will be deducted from the iTunes account as soon as he confirms it. Our "monthly subscription" is paid in monthly installments. Monthly subscription renewal fees will continue to be billed through your designated payment method until cancelled in accordance with Section 5 (Payment Terms). User must cancel the subscription before it renews to avoid being billed for the next month's subscription fee through your designated payment method. Refunds cannot be claimed for sub-monthly subscription periods.
2.3 The Agreement is formed upon Clay Health's confirmation of the User's registration (email confirmation) or otherwise acceptance of the User's order. Clay Health may also declare the confirmation of the registration or the acceptance of the User's order by activating the respective offer. Clay Health confirms the order of a paid program according to the legal provisions; this order confirmation is not yet an acceptance of the order and does not establish a contract.
2.4 The contractual provisions are not stored by Clay Health for the User, without prejudice to the fulfillment of the statutory information obligations.
2.5 The User must have unlimited legal capacity or act with the consent of his legal representative. In any case, he must be at least 18 years of age. The user must be resident in Germany, Austria or Switzerland.
2.6 By agreeing to register, the User may occasionally receive emails with special offers, marketing and surveys related to the Product. The User may easily unsubscribe from commercial emails from Clay Health by following the unsubscribe instructions contained in such emails.
3. Scope of services
3.1 Insofar as a contract for a fee-based program has been concluded, Clay Health shall provide the respective agreed services. As far as Clay Health voluntarily and free of charge provides content and/or services for registered users, such as a community tool for the exchange of participants with each other and with coaches of Clay Health, as well as 1:1 sessions with psychologists and workshops (hereinafter "Community Tool"), this is done without assumption of a legal obligation to do so and Clay Health is entitled to change, expand or limit these services at any time.
3.2 The user is allowed to access the agreed content of Clay Health in principle spatially limited to the countries Germany, Austria and Switzerland. In addition, the use during a temporary stay of the User in a Member State of the European Union other than his Member State of residence is also permitted, provided that the requirements listed in Regulation (EU) 2017/1128 for this are met and the Customer previously tolerates and enables the (also repeated) verification of his Member State of residence in accordance with Regulation (EU) 2017/1128 and the applicable data protection provisions.
3.3 Clay Health does not undertake to back up data for the User and does not assume any contractual representations, warranties or guarantees beyond the statutory provisions, unless otherwise agreed in individual cases.
4 Duties and obligations of the user, prohibited behaviors
4.1 The user may only use the product of Clay Health for his private purposes. Commercial or business use is prohibited.
4.2 The User undertakes to provide true and complete information upon registration, and to keep it up to date during the term of the contract by adjusting or notifying Clay Health.
4.3 Only one registration per person may be maintained at the same time.
4.4 The user is obliged to keep his access data secret and not to pass it on to third parties. The transfer of the possibility to use the registration and/or a paid program to third parties is prohibited.
4.5 The user is obligated to observe the existing legal copyrights and other rights to the contents of paid programs as well as other contents in the product of Clay Health. He is not allowed to copy, distribute or make publicly available these contents or to remove technical protection measures or copyright or rights notices, unless this is expressly permitted.
4.6 The user has the obligation to provide at his own expense hardware and software as well as a broadband internet connection for the retrieval of the agreed content or services from the product of Clay Health. This includes in particular the technical requirements explained in the product.
4.8 Within the scope of the use of the Product, including and in particular within the scope of the use of the Community Tool, you may not perform any illegal acts and/or violate any applicable laws or these GTC, in particular:
Store, publish and/or transmit content that is harassing, offensive, discriminatory (e.g. on the grounds of gender, race, religion or convictions) or harmful to minors; that violates the rights of third parties, in particular copyrights or ancillary copyrights, other property rights or personal rights, in particular untrue statements about other persons; that are to be treated confidentially according to contract or law, e.g. third-party business secrets; or that are likely to lead directly or indirectly to bodily injury or property damage, such as corresponding instructions for action to other users;
Impersonate any person within the Program or Community Tool, such as an officer, our agent, or pretend to have a non-existent relationship with such persons; forge usernames or otherwise manipulate identifiers; and/or disguise the origin of any Content transmitted as part of the Product;
Store, post and/or transmit advertising or other commercial communications, junk or bulk e-mail, chain letters, pyramid schemes;
Use recording, scraping or similar techniques to record, copy or compile, use for any other purpose, republish or otherwise exploit any Content from the Product;
employ techniques or use automated or other services designed to misrepresent user activity, such as through the use of bots, botnets, scripts, apps, plugins, extensions, or other automated means to register accounts, play content, send messages, post comments, or otherwise act;
Collect, store or transmit personal data (including the name, identity or place of residence or whereabouts of other users or your communications with other users) about other users, or contact other users outside of the ways provided in the Product, if any, unless the data subjects agree or the law permits it;
post links to third-party content that violates provisions of these GTC or other legal provisions.
4.9 Failure to comply with any of the behavioral obligations set forth in Section 4.8 may result in particular in the following consequences: Request for a statement in the event of a suspected breach of contract/law, blocking of use until facts are clarified (especially in the event of multiple complaints from other users), warning, restriction/restriction in the use of the product, complete or partial deletion of content. Further legal or contractual rights of Clay Health or affected other users, in particular to terminate the contract or to claim damages, remain unaffected. As far as and as long as a user is lawfully deprived of the use of the product or a part of the product due to his breach of contract, an existing obligation of the user to pay for a program with costs remains unaffected.
5 Terms of payment, default, set-off and right of retention
5.1 All agreed remunerations are inclusive of statutory value added tax. Shipping costs do not apply. Clay Health is entitled to send electronic invoices.
5.2 Clay Health reserves the right to change subscription plans or adjust prices for our Service or components thereof in any manner and at any time Clay Health determines in its sole and absolute discretion. Except as otherwise expressly provided in these Terms, any price changes or changes to the Subscription Plan will be effective upon notice to User.
5.3 If a total payment is agreed for a specific period, the total amount is due at the beginning of the period, unless otherwise agreed for specific subscriptions. Otherwise, agreed fees are due immediately, unless otherwise agreed.
5.4 Only the agreed means of payment shall be permitted for payment. By agreeing to direct debit, the user authorizes Clay Health to collect payments owed by him via the specified account of the user.
5.5 If the user fails to fulfill a due payment obligation to Clay Health without justification, Clay Health is entitled, after prior warning and without prejudice to further legal and contractual rights, to temporarily block the user's access until the owed payment has been received. In this case, the contract term remains unaffected by the temporary blocking.
5.6 In accordance with the statutory provisions, the User shall compensate Clay Health for the damages and necessary expenses (e.g. return debit note costs) incurred by Clay Health due to the User's non-payment or late payment or other disruptions of payment by the User (e.g. lack of account coverage in the case of a direct debit mandate in breach of duty), unless the User is not responsible for these.
5.7 Any promotional codes or products provided by Clay Health (including options for special discount pricing) may not be used in conjunction with any other promotional codes or products, past or present. Introductory offers are only available to new users of the Products unless otherwise expressly stated. Previous users or trial users of the Products are not considered new users. Promotional codes or discounts do not apply to corporate or other joint subscriptions. Unless otherwise specified in the terms of a promotion, all price promotions or discounts will apply to the initial subscription period, and all renewals will be charged at the non-discounted rate for the type of subscription purchased.
6. Contract term, termination
6.1 The contract for a paid subscription shall run for the respective agreed term.
You may terminate a monthly subscription at any time. The termination shall take effect at the end of the respective monthly period. The User must cancel the subscription before it renews to prevent the fee for the renewal of the subscription from being charged to the payment method specified by the User. No refund can be requested for an incomplete subscription period.
You may cancel a 3-month subscription at any time. Cancellation will be effective at the end of the applicable 3-month period. The user must cancel the subscription before it renews to prevent the renewal offer fee from being billed to the user's designated payment method. No refund can be requested for an incomplete offer period.
You may cancel an annual subscription at any time. Cancellation will be effective at the end of the applicable annual period.The user must cancel the subscription before it renews to prevent the renewal offer fee from being billed to the user's designated payment method. No refund can be requested for an incomplete offer period. In addition, our annual subscription is offered with a 30-day money-back guarantee that entitles you to a full refund if you cancel and send an email to firstname.lastname@example.org to request a refund. Such refund requests must be made within the first 30 calendar days from the initial payment date. You will only be entitled to one refund. After the refund, the 30-day money-back guarantee will not apply to any subsequent subscriptions. This refund does not apply to subsequent renewals of the annual subscription or to subscriptions purchased through the Apple iTunes Store or our iPhone application or the Google Play Store or our Android application.
6.2 The legal right of both contractual parties to extraordinary termination for cause remains unaffected. For Clay Health, an extraordinary reason for termination also exists, in particular, if the User intentionally provides false information when registering or ordering and/or later changing his data or has repeatedly violated these GTC or legal provisions when using the product, provided that Clay Health has unsuccessfully reminded the User to comply with the affected contractual obligation prior to extraordinary termination (warning).
6.3 The termination must be in text form to be effective. The User can also declare it online via the provided function in the user account or by email to email@example.com.
7.1 Participation in the Clay Health Community Tool and use of the Product is at the User's own risk. Clay Health is liable for contractual and other claims of the User on the merits only for damages of the User (1) which Clay Health, its legal representatives or vicarious agents have caused intentionally or by gross negligence, (2) from injury to life, body or health, which is based on a breach of duty by Clay Health or one of its legal representatives or vicarious agents, (3) in cases of liability under the Product Liability Act, the assumption of a guarantee or due to fraudulent misrepresentation and (4) caused by the breach of an obligation, the fulfillment of which makes the proper execution of the contract possible in the first place and on the compliance with which the user regularly relies and may rely (so called. cardinal obligation).
7.2 Clay Health is liable in the cases (1), (2) and (3) of the preceding paragraph unlimited in amount. In all other cases, liability is limited to the foreseeable damage typical for the contract.
7.3 In cases other than those mentioned in paragraphs (1) and (2) and without prejudice to the following paragraph, Clay Health's liability is excluded regardless of the legal ground.
7.4 The above limitations of liability apply accordingly to all bodies, employees and vicarious agents of Clay Health.
7.5 The above limitations of liability do not change the legal burden of proof.
8 Right of withdrawal for consumers
8.1 Consumers have a statutory right of withdrawal when concluding a distance selling transaction. The revocation instructions and the model revocation form can be found below these GTC.
9 Final provisions, miscellaneous
9.1 Verbal or written collateral agreements do not exist.
9.2 Should individual provisions of these General Terms and Conditions or of the concluded contract be or become invalid in whole or in part, the remainder of the contract shall remain valid. The invalid provision shall be replaced by the statutory provision.
9.3 German 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 the User and Clay Health is the registered office of Clay Health, provided that the User is a merchant, a legal entity under public law or a special fund under public law. Notwithstanding the foregoing, Clay Health shall also be entitled to sue the User at the User's statutory place of jurisdiction.
9.5 In case of complaints about Clay Health, the User may at any time contact the European platform for online dispute resolution in consumer matters: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=DE
9.6 Clay Health does not participate in dispute resolution proceedings before a consumer arbitration board. There is no legal obligation to do so.
END OF THE GENERAL TERMS AND CONDITIONS - FOLLOWS: CANCELLATION POLICY
If you are a consumer, you have a right of withdrawal as follows:
Right of withdrawal
You have the right to cancel this contract within 14 days without giving any reason.
The right of withdrawal is 14 days from the day of the conclusion of the contract.
To exercise your right of withdrawal, you must inform us (Clay Health GmbH, C/o Pölking, Schonensche Str. 1, 10439 Berlin, e-mail: firstname.lastname@example.org by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the attached sample cancellation form (see below), which is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you for all payments we have received from you, including shipping costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used in the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees in this repayment.
Your right of withdrawal shall expire prematurely in the case of a contract for the delivery of digital content located on a physical data carrier if you have expressly consented to our commencing the performance of the contract before the expiry of the withdrawal period and you have confirmed your knowledge that by consenting you lose your right of withdrawal upon commencement of the performance of the contract.
In the case of a contract for the provision of services, the following shall apply: If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already performed up to the time you notify us of the exercise of the right of revocation with respect to this contract compared to the total scope of the services provided for in the contract.
End of the cancellation policy
Model withdrawal form
(If you wish to revoke the contract, please complete and return this form).
Clay Health GmbH, C/o Pölking, Schonensche Str. 1, 10439 Berlin, E-Mail: email@example.com
I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*) / services (*)
Ordered on (*) / received on (*)
Name of the consumer(s)
Address of the consumer(s)
Signature of consumer(s) (only in case of paper communication)
(*) delete as applicable