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.
2. Subject matter
Subject of these terms and conditions is 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.
We explicitly point out that the use of somnio is not a substitute for a diagnosis or medical or psychotherapeutic treatment.
3. Access authorization
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.
4. Your rights
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.
5. Your obligation
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.
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).
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. If for any reason you feel very tired during the day, you should refrain from driving and operating machinery.
6. Breach of contract
In case of a breach of contract on your part, mementor is entitled to terminate the contract without notice. Claims for damages remain unaffected.
7. Exclusion of liability
mementor cannot be held liable for any damages arising in connection with the use of this program.
The information you receive is non-binding information from an expert system. The system 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.
Furthermore, 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.
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.
mementor reserves the right to make changes or additions to the information provided without prior notice. This does not result in any liability.
10. Final clause
German law applies.
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.