Terms of Use

§1 Subject matter and scope

The following provisions govern the contractual relationship between you and us, Stigma Health GmbH, Jarrestraße 42a, 22303 Hamburg, Germany (hereinafter the “provider”), and relate to our entire range of services at www.coobi.health and any associated sub-domains or linked stores.

Deviating terms are generally not recognised by us unless we have expressly agreed to their validity in text form.

The current version of these terms is available at any time at https://www.coobi.health/terms-conditions.

§2 Our service offering

coobi care is an app used as a digital, software-based support tool for healing companionship, aftercare and information and behavioural guidance for patients with addiction disorders. We operate this app together with a linked, secured dashboard function (via the website) for treating therapists, and the website www.coobi.health.

[Only DRV Aftercare] The service is provided as part of Combined Aftercare in the name and on behalf of your aftercare institution.

Our service offering includes:

• Use of the coobi care app to support withdrawal from or weaning off addictive disorders.
• Use of the Community function for mutual support between users (pseudonymised, accessible to all user groups).
• [Only With Partner Institution] Access for treating therapists to the dashboard for reviewing linked patient data.
• [Only Without Partner Clinic] If you use the app without a linked clinic or institution, the therapist dashboard is not available. Your data will not be shared with an institution.

coobi care is a digital support module. We do not provide treatment recommendations and do not make diagnoses. Medical and therapeutic treatment lies exclusively with the relevant clinic or institution.

The app is offered in German and English and is available via the Apple App Store and the Google Play Store.

The app must not be used in the following situations:

• Acute suicidality — if you have thoughts or concrete plans of self-harm
• F10.3/4–F19.3/4 unsuccessful withdrawal (acute withdrawal syndrome) — if you are currently in the middle of an unsuccessful withdrawal
• F20–F29 schizophrenia, schizotypal or delusional disorder — if you have been diagnosed with one of these mental illnesses
• Acute detoxification (unless otherwise agreed in advance with a physician) — during an ongoing medical withdrawal without express medical clearance

Personal responsibility before use: Before using the coobi care app, you are required to inform yourself on your own responsibility whether the app is suitable for your individual situation. We recommend that you seek medical or therapeutic advice. If you are unsure, please speak with your doctor or therapist beforehand.

Important note: If you have thoughts or plans of ending your own life, coobi care is not suitable for you. Please contact a doctor or psychotherapist, the telephone counselling service (0800 111 0 111), the German Depression Aid (www.deutsche-depressionshilfe.de) or the emergency services (110/112) immediately.

We reserve the right to adjust our service offering at any time with effect for the future. We will inform you of material changes with reasonable lead time.

§3 Support and contact

For questions or technical issues, you can reach us as follows:

• In-app support via Intercom — directly via the chat in the coobi care app or on our website. As a logged-in user you are automatically identified via your user ID — you do not need to provide further credentials. This is our primary support channel.
• Email: info@coobi.health
• Contact form: https://www.coobi.health/contact

[Only DRV Aftercare] For questions about the services of your treatment and care contract, please contact your aftercare institution directly.

For questions about these terms or our service offering, write to us anytime at info@coobi.health.

§4 Contractual relationship

Use of the coobi care app is only possible upon conclusion of an effective user agreement. Use is permitted exclusively to natural persons not acting for commercial or self-employed professional purposes (consumers within the meaning of § 13 BGB).

[Only With Partner Institution] Registration (Clinic/Practice and DRV Aftercare): You receive an access code with a defined usage duration from your clinic or aftercare institution. Registration takes place by entering this code, providing a username and choosing a password.

[Only Without Partner Clinic] Registration: You purchase the access code via our order form on the website. In doing so, your email address and payment data are collected; payment is processed via Stripe. After completing the order, you receive the code by email and then register in the app with this code, a username and a password.

After successful registration, you can optionally set up biometric authentication and a PIN code for additional account security.

For further personalisation, the following data may be provided:

• Gender (male, female, diverse, no answer)
• Age group
• Type of addiction disorder
• Therapy goal (optional)
• Date of last consumption (optional)
• Previous therapy (optional)
• Pre-existing conditions (optional)
• Emergency contact for difficult times (optional)
• Notification settings

[Only With Partner Institution] Additionally, a wearable for capturing vital data may be provided to you via your institution. The wearable is linked via a separate wearable-connect account.

Please note that, by ticking the box provided at registration, you must confirm that you have read and accept these terms and our privacy policy. You must also expressly consent to the processing of your personal data for the intended purposes.

From therapists only the data necessary for clear authentication (email address, password) is collected.

A user agreement comes into effect at the latest upon activation of your user account.

§5 Prices and payment processing

If you use coobi care via a clinic, practice or aftercare institution, use is free for you — the institution bears the costs.

You also have the option to purchase your own access code, e.g. to extend the usage duration after a code expires, or to start directly as a user without a partner clinic. Current packages, prices and payment methods — including packages with an optional wearable and a possible free trial period — are available on our website.

Payment is processed via Stripe; the Stripe terms of use apply in addition (https://stripe.com/legal). Details on data processing in the order and payment process can be found in our privacy policy.

All prices are stated including statutory VAT.

§6 User rights

For the duration of the user agreement, we grant you a non-exclusive, non-transferable, revocable and limited right to use the coobi care app. This right covers exclusively the use of the provided functionalities in the intended usage context.

You are not entitled to transfer, rent, sell or otherwise transfer the right of use to third parties.

You undertake not to manipulate, decompile, reverse-engineer or modify the app and the associated software. You are prohibited from extracting the source code or algorithms. Attempts to impair the functionality of the app or to distribute malicious software will lead to immediate termination of the right of use and the contract.

In the event of violations of these terms, we may block your user account and assert claims for damages.

§7 User obligations

You undertake to use the coobi care app exclusively in accordance with these terms and applicable laws and regulations. Use for illegal or impermissible purposes is prohibited.

You ensure that you provide truthful, complete and current information at registration. You are responsible for the confidentiality of your credentials and for all activities under your account. Sharing credentials with third parties is prohibited.

You use the content provided in the app only in accordance with these terms and with respect to applicable copyrights. Copying, distribution or unauthorised exploitation of content is prohibited.

You ensure that your own content uploaded to or created in the app does not infringe third-party rights and does not contain criminal, offensive or otherwise impermissible content.

You also ensure that vital data transmitted from wearables is fed into the app truthfully and unchanged. Purely technical transmission errors are excluded.

You agree to install regular app updates to ensure security and functionality.

You are responsible for providing and safely operating your end device and internet connection. We have no influence over the functionality of your end device, wearables or your connection.

§8 Community function and community guidelines

§9 User data

We collect and use personal data within the meaning of Art. 4(1) GDPR to initiate and execute the contractual relationship. As part of the use of the app, personal data may be processed by third parties (processors). A data processing agreement pursuant to Art. 28 GDPR has been concluded with all processors.

[Only Clinic/Practice] If you use coobi care via a clinic or practice, the latter is the data controller for the processing of your data as part of your treatment. In this relationship, coobi processes your data as a processor on behalf of your institution.

[Only DRV Aftercare] In this context coobi acts as a processor for your aftercare institution. Details on data processing in the model project can be found in §14.

Details on the use of your personal data can be found in our privacy policy at www.coobi.health/privacy-policy.

§10 Warranty rights, guarantees and availability

We are liable for material and legal defects exclusively in accordance with the applicable statutory provisions.

We do not expressly warrant that the use of our service offering will maintain abstinence, improve health or increase well-being. The coobi care app does not owe any specific therapeutic success and does not replace medical treatment or diagnosis. Medical and therapeutic treatment remains the sole responsibility of the relevant clinic or institution.

We generally do not provide warranties. We will inform you of planned maintenance on our servers or the app software with reasonable lead time.

Use after relapse and after programme termination: A relapse does not preclude further use of the coobi care app — the app may continue to be used as a support module.

[Only DRV Aftercare] After ending participation in the supervised aftercare programme (termination or regular completion), automated app functions — such as intervention modules and reminders — may continue to be available as long as active app access exists. During this period there is no active supervision or monitoring by your aftercare institution or coobi. In the event of a relapse or deterioration of your condition, we expressly recommend that you independently seek professional help (e.g. via the emergency contacts stored in the app). coobi assumes no liability for health events after termination of supervised programme participation.

[Only Without Partner Clinic] The coobi care app provides automated support functions. There is at no time active supervision, monitoring or clinical support by coobi. In the event of a relapse or deterioration of your condition, we expressly recommend that you independently seek professional help — for example via the emergency contacts stored in the app or by directly contacting a suitable professional. coobi assumes no liability for health events related to the use or non-use of the app.

§11 Right of withdrawal

Right of withdrawal: You have the right to withdraw from this contract within fourteen days without giving reasons. The withdrawal period is 14 days from the day of conclusion of the contract.

To exercise your right of withdrawal, you must inform us — Stigma Health GmbH, Jarrestraße 42a, 22303 Hamburg; service@coobi.health — by means of a clear declaration (e.g. letter or email) of your decision to withdraw from this contract. You may use the model withdrawal form below, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient to send the notification before the period expires.

Your right of withdrawal expires prematurely if we have fully performed the service and you have expressly consented to us beginning performance before the withdrawal period expires and have confirmed your awareness that you lose your right of withdrawal upon full performance of the contract.

Consequences of withdrawal: If you withdraw from this contract, we will refund all payments we have received from you without delay and at the latest within 14 days from receipt of your withdrawal notification. The refund will be made using the same means of payment used in the original transaction; no fees will be charged to you. If our performance was previously rendered free of charge, you have no claim to a refund.

Model withdrawal form:

I hereby withdraw from the contract concluded by me for the provision of the following service: ____________________

Ordered on / received on: __________

Name of the consumer: ____________________

Address of the consumer: ____________________

Signature (only for paper notification): ______________

Date: __________

You may send your withdrawal by post to Jarrestraße 42a, 22303 Hamburg, or by email to service@coobi.health.

§12 Termination

The term of the agreement depends on the usage duration of the access code provided to you, or runs for an indefinite period if you have purchased an extended access code.

You have the right to terminate the user agreement at any time with one month's notice to the end of the respective month within your user account. Without termination, the contract ends automatically after the end of the usage duration. If you have purchased an extended access code, the contract is automatically extended for one additional calendar month at a time.

We may terminate the contract if you repeatedly violate these terms and fail to cease the violation despite being requested to do so, if you are in arrears with payments despite a reminder, or if you use the app in a manner contrary to the contract and terms. In this case, you remain obliged to pay the agreed fees until the end of the contract term.

The right to extraordinary termination for good cause remains unaffected.

In the event of termination, you lose access to the app. Amounts already paid for unused services will not be refunded unless a statutory refund obligation exists.

§13 Liability

In the case of liability under the Product Liability Act, in cases of intent or fraudulent intent, gross negligence, in the case of injury to life, body or health, in the case of an assumption of guarantee and in all other cases of mandatory statutory liability, we are liable in accordance with statutory provisions.

Furthermore, we are liable for damages in the case of culpable breach of essential contractual obligations (cardinal obligations). To the extent the breach is only slightly negligent and does not lead to a bodily or health injury, claims for damages are limited in amount to the typical foreseeable damage.

We assume no liability for services of third parties who are not our legal representatives, employees or vicarious agents. In particular, we are not liable for damages caused by faulty data sets or faulty treatment by a service provider — for these the respective service provider alone is responsible.

Where our liability is limited or excluded, this also applies to the personal liability of our representatives, employees and vicarious agents. This does not entail any change in the burden of proof to your disadvantage. Claims for damages become time-barred within the statutory limitation periods.

§14 Model project [Only DRV Aftercare]

The services for you are part of a model project with the German Pension Insurance (DRV) and Martin Luther University Halle-Wittenberg.

Your usage data is exchanged with the University of Halle and the DRV in pseudonymised form. Based on this data, the University of Halle prepares an evaluation of the use and effects of coobi care.

The evaluation of your pseudonymised usage data for scientific research purposes takes place on the basis of a separate declaration of consent, which you sign as part of your participation in the model project. This consent is voluntary, stands outside this user agreement and can be revoked independently with effect for the future.

Within the model project, a wearable may be provided to you as a loan device for the duration of your participation. Distribution takes place via your aftercare institution on our behalf. Your institution is exclusively responsible for distribution and assumes no responsibility for return, functionality or damage to the device.

The wearable is provided to you free of charge as a loan device. You are obliged to handle it with care and to return it within the period communicated to you, using the provided return envelope, after the end of the aftercare phase.

§15 Final provisions

The language available for the conclusion of the contract is German. We reserve the right to offer additional contract languages in the future. In the event of contradictions between language versions, the German version is authoritative.

German law applies exclusively to all disputes arising out of or in connection with this contract, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of jurisdiction is our registered office (Hamburg), insofar as statutory provisions do not preclude this. The place of performance is our registered office.

For users resident in Switzerland: Our Swiss representative pursuant to Art. 14 nDSG is TAS SAT AG, Chamerstrasse 172, 6300 Zug, Switzerland.

Note on the EU dispute resolution platform: You can reach the OS platform of the EU Commission at https://ec.europa.eu/odr. We are neither willing nor obliged to participate in proceedings before a consumer arbitration board.

The contract text is stored by us and can be made available to you on request. Changes to these terms require text form.

§16 Amendment of these terms

We reserve the right to change these terms with effect for the future in order to respond to changes in law, case law or economic conditions.

An intended change will be communicated to you in good time — via in-app notification through Intercom and/or by email — and made available as full text.

A change will only become effective if you do not expressly object in writing (e.g. by email or letter) within four (4) weeks of receipt of our notification. We will expressly inform you of this right of objection. An objection entitles us to terminate agreements concluded on the basis of these terms with reasonable notice.