These terms give you information about us and the legal terms on which we sell any of our products or services.

In these terms “you” refers to the person using the product or service. The terms “mementor”, “we,” “us,” or “our” collectively refer to mementor DE GmbH and/or any applicable corporate affiliates. By using the somnio online program you agree to abide by and be subject to these general terms. If you do not agree with any of these terms, do not use the somnio online program.

You conclude a user agreement with mementor DE GmbH (hereinafter referred to as mementor). By accepting these general terms and conditions, they become an integral part of the contract with regard to the use of the online program somnio.

For users in the United States additional terms and conditions apply, marked as “Additional terms and conditions for US residents”.

Log out after each use. This will prevent other people from using your account and will also cut off the connection to the mementor server.

Always use up-to-date software, especially your operating system, virus protection and browser. Otherwise you may risk security breaches, which cannot be controlled or closed by us. Data could be read, modified or downloaded by third parties.

The use of devices with modified operating systems may lead to increased security risks, such as malware infections or unauthorized access to personal data. In addition, there is a risk of incompatibilities with our application and missing security updates, which may impair the use of the application.

Failure to activate device protection (e.g., a password or pattern lock) significantly increases the risk that unauthorized persons may gain access to personal data and confidential information on the device. Without protective mechanisms such as a password or pattern lock, the device can easily be stolen or tampered with, which may result in identity theft or data loss. In addition, the risk of malware infections or unauthorized modifications to the device database is significantly increased.

The application cannot technically prevent third parties from viewing screen content, for example by means of screenshots, streaming, or the display of app previews in the task switcher. As a result, sensitive data may be compromised. It is your responsibility to take appropriate measures to prevent such access.

mementor provides the use of the online program somnio. somnio offers you information and exercises on the subject of sleep disorders based on evidence-based psychotherapeutic methods.

somnio is not a substitute for a diagnosis or medical or psychotherapeutic treatment. It is not intended to diagnose or prevent any disease. 

3.1 Additional terms and conditions for US residents

Your reliance on information and content through the use of the online program is solely at your own risk. 

Always seek the advice of a physician or other qualified health provider with any questions you may have regarding a medical condition.

We are not medical professionals and will not discuss or advise you on any issues relating to medical treatment.

The prerequisite for the use of somnio is a registration. With the registration you declare to be of full legal age and accept the terms and conditions. The terms and conditions come into force as soon as the registration for somnio has been completed.

Registration is only possible with an activation code or directly through partner companies and partner health insurers of mementor.

By accessing or using the online program, you agree that we can collect and use your information in accordance with the somnio privacy policy <Link to the English privacy policy>.

For the use of somnio you receive the simple, non-exclusive and non-transferable right of use. An acquisition of the contents is not associated with this.

somnio is available to you during the license period. For technical reasons (e.g. routine or necessary maintenance work) the availability of somnio may be temporarily limited.

To access the program, you will need individual registration data. You are responsible for keeping this data confidential and for preventing its misuse. In the event of misuse of any kind, you must inform mementor. In the event of a breach of contract, mementor is entitled to block the access concerned. You are liable for any misuse for which you are responsible.

The terminal equipment costs (e.g. laptop) and telecommunication fees (e.g. costs for internet access) incurred for the use of somnio shall be borne by you. For use outside this country, corresponding roaming charges may apply, which are to be borne by you.

Any required software (e.g. operating system or internet browser) which is necessary for the use of somnio has to be installed by you. Furthermore, you are responsible for creating the technical requirements for access to somnio, especially with regard to the hardware used, the operating system software, the connection to the internet and the browser software.

You are responsible for the safety of your end device. This includes automatic updates, an login method, e.g. password or pattern and an automatic screen look after an appropriate amount of time. Otherwise third parties might be able to view, modify or delete your data.

In the case of further development of somnio, it is your responsibility to make the necessary adjustments to the hardware and software used by you (e.g. updating the browser).

If for any reason you feel very tired during the day, you should refrain from driving and operating machinery.

We strongly recommend that you contact a doctor or psychotherapist before you start using somnio. If you have difficulty staying awake during the day, if you are pregnant, if you fall asleep during the day without the appropriate intention, if you are generally very worried about your sleep or if there is any other uncertainty about your health, you should always consult a medical professional.

6.1 Additional terms and conditions for US residents

Indemnity

You agree to indemnify and hold mementor and its related bodies corporate harmless from any claim or demand (including legal fees) made by any third party arising out of, or in connection with, your use of the online program or breach of these terms.

Limitation of liability

OUR ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH US OR OUR AFFILIATES (INCLUDING WITHOUT LIMITATION YOUR USE OF SOMNIO) IS TO DISCONTINUE YOUR USE OF THE SERVICE.WE AND OUR VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS. OUR AND OUR VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. WE DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH ANY MEDIUME, INCLUDING WTTH RESPECT TOS SOMNIO, AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION OR COMMUNICATION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

In case of a breach of contract on your part, mementor is entitled to terminate the contract without notice. Claims for damages remain unaffected.

mementor reserves the right to suspend or deactivate your access at its sole discretion, at any time, and without notice or liability to you.

You may close your account at any time by following the instructions in the online program. You can also access these instructions via the user manual. You can also contact the mementor support team at support@somn.io.

mementor is not responsible for the accuracy, reliability, availability, effectiveness, or correct use of the information you receive through the online program.

We make no warranty that the online program will meet your requirements or be available on an uninterrupted, secure, or error-free basis. The information you receive is non-binding information. The information contained in the online program reflects the knowledge of experts and is based on the findings of scientific studies. However, errors cannot be ruled out. mementor does not guarantee the accuracy, completeness and topicality of the information provided in the online program. Under no circumstances will the expert system and its operators be liable – either directly or indirectly – for any loss or damage that you may incur as a result of relying on the information you have obtained while using the system.

mementor accepts no liability if the information and information provided is used contrary to its express purpose for self-diagnosis or self-treatment. The same applies if, on the basis of the information and details provided, a necessary consultation with a doctor or psychotherapist does not take place.

mementor is in no way liable for any direct or indirect damage, damage dependent on fault or damage independent of fault, which may occur due to access, use or impossibility of use.

8.1 Additional terms and conditions for US residents

THE ONLINE PROGRAM IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WE EXPLICITLY DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES ARISING OUT OF OR RELATED TO THESE TERMS, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. 

SOMNIO, ITS CONTENT, ITS LINKS, ANY OTHER PRODUCT OR SERVICE OFFERED THAT WE OR OUR AFFILIATES OFFER ARE PROVIDED ON AN “AS IS” BASIS AND ARE USED ONLY AT YOUR SOLE RISK, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. WE DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS SERVICE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE, AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NONINFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

The content of the online program somnio is subject to the copyright of mementor. The content is based on scientifically recognised psychological methods, which have been developed by psychological experts.

You have the possibility to download material and information for personal use. This material is intended exclusively for your own use and may not be passed on to third parties or commercially distributed. Any distribution, modification or reproduction of material and information is not permitted.

Pictures, graphics and the layout of somnio are property of mementor and may not be reproduced or distributed without prior written permission.

9.1 Additional terms and conditions for US residents

Except as provided in our Privacy Policy, any content that you submit to this Service or us, whether directly or through a third-party website (“User Content”) will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how, or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products and services. You agree not to submit User Content to this Service or We except for User Content that is fully authorized for purposes of this Service and these Terms of Use, and by submitting User Content on somnio or any other of our services, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws. You agree that we will have, and you grant to us, a worldwide, royalty-free, perpetual, irrevocable, sublicense-able, non-exclusive right and license to translate, reproduce, sell, publish, distribute, modify, adapt, display, perform, promote, link to or use, in any form or media, any User Content that you submit to somnio, or any other service we or our affiliates offer, or that you otherwise submit to us or our affiliates. Nothing in these Terms of Use will obligate us to use any User Content you submit.

To the extent permissible by law, all content, text, data, information and other material displayed, available or present via the Service (“Content”), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (“Intellectual Property Rights”), are the property of mementor, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. You should assume that everything you see or read on in relation to somnio or other services we offer are copyrighted unless otherwise noted and may not be used without our written permission, except as otherwise provided in these Terms of Use.

mementor reserves the right to make changes or additions to the information provided without prior notice. This does not result in any liability.

For Residents of the U.S. the laws of the state of California govern these terms.

For Residents of the European Union, German law applies and the place of jurisdiction for all disputes arising from this contractual relationship is Leipzig.

Should individual provisions of these terms and conditions be invalid or contestable, the validity of the remaining provisions shall not be affected.

You can contact us via the following ways:

• Email: info@mementor.de

• Mail: mementor DE GmbH, Karl-Heine-Straße 15, 04229 Leipzig, Germany