Terms and Conditions

§ 1 Scope, Provider and Definitions

(1) These Terms and Conditions ("Terms") govern your use of the "dotwell" mobile application (also "Z38.health", the "App") and the digital programmes offered through it, in particular the app-based online course "Ready when things get mentally challenging – App-based online course: Multimodal Stress and Resource Management" (the "Programme"), as well as the associated website at dotwell.app.

(2) The App and Programme are provided by:
Benedikt Rüschen
Mainzer Straße 5
10247 Berlin, Germany
Email: benni@z38.health
(referred to as "we," "us," or "provider").

(3) These Terms apply to all users of the App who are consumers. By creating an account or using the App, you agree to these Terms. If you do not agree, please do not use the App.

(4) Any terms proposed by you that deviate from, conflict with, or supplement these Terms will only become part of the contract if we have expressly agreed to them in writing.

§ 2 Scope of Services and Health Notice

(1) The App provides evidence-based digital content, interactive exercises and self-help tools to support mental well-being, in particular for coping with stress and strengthening personal resources.

(2) Important health notice: The App and the Programme are intended solely for individual, health-related prevention and self-help. They are expressly not a medical device, not a therapeutic or medical treatment, and do not provide a diagnosis. The content is not intended to diagnose, treat, cure, or alleviate any illness, and it does not replace medical or psychotherapeutic treatment.

(3) We provide our services with the utmost care. However, we do not guarantee any particular outcome (e.g. a specific reduction in perceived stress). Any individual benefit depends substantially on your own, consistent use of the Programme.

§ 3 Eligibility

(1) Use of the App and participation in the Programme require that you are at least 18 years old and have full legal capacity. By using the App, you confirm that this requirement is met.

(2) Before starting to use the App, you are responsible for checking whether participation is suitable for you. The relevant exclusion criteria are set out in § 9 of these Terms.

§ 4 Formation of Contract

(1) The presentation of the App and the Programme on our website or in app stores does not constitute a binding offer on our part, but an invitation for you to submit an offer.

(2) By completing the checkout process and confirming via the "Buy now" button (or a comparable, unambiguous wording), you submit a legally binding offer to purchase access to the selected content.

(3) The contract is formed once we accept your offer, which we do by sending a confirmation email with an access or activation code, or by unlocking access within the App.

(4) We store the contract details in compliance with data protection requirements and send them to you by email after your order is completed.

§ 5 Right of Withdrawal for Consumers

As a consumer, you have a statutory right of withdrawal.

Withdrawal Notice

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract was concluded.

To exercise your right of withdrawal, you must inform us (Benedikt Rüschen, Mainzer Straße 5, 10247 Berlin, Germany, email: benni@z38.health) by means of a clear statement (e.g. a letter sent by post or an email) about your decision to withdraw from this contract. You may use the model withdrawal form below, although this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notice of withdrawal before the withdrawal period expires.

Effects of Withdrawal

If you withdraw from this contract, we will reimburse all payments received from you without undue delay and at the latest within fourteen days from the day on which we received notice of your withdrawal. We will use the same means of payment you used for the original transaction, unless expressly agreed otherwise; in no event will you be charged any fees as a result of such reimbursement.

Special Note on Early Expiry for Digital Content

The right of withdrawal expires for contracts for the supply of digital content not delivered on a tangible medium if we have begun performance of the contract after you expressly agreed that we may begin performance before the withdrawal period ends, and you confirmed your knowledge that, by giving this consent, you lose your right of withdrawal.

Model Withdrawal Form

(If you want to withdraw from the contract, please fill out this form and return it.)

To: Benedikt Rüschen, Mainzer Straße 5, 10247 Berlin, Germany, email: benni@z38.health

I hereby withdraw from the contract concluded by me for the provision of the following digital content: ________________________

Ordered on: ________________________

Name of consumer: ________________________

Address of consumer: ________________________

Email address: ________________________

Date: ________________________

§ 6 Access, User Account and Activation Code

(1) Using the App and the Programme may require creating a user account or entering an access or activation code.

(2) You agree to provide accurate and current information when registering, to keep your login credentials confidential, and to notify us immediately of any suspected unauthorized use of your account.

(3) You are responsible for all activities carried out using your login credentials, to the extent attributable to you.

§ 7 Usage Rights and Intellectual Property

(1) All content in the App (text, audio, video, exercises, design, source code) is protected by copyright and owned by us or our licensors.

(2) We grant you a non-exclusive, non-transferable, non-sublicensable right to use the content for the duration of the contractual relationship, exclusively for private purposes.

(3) Sharing, reproducing, publicly disclosing, or commercially exploiting the content without our prior written consent is not permitted. It is likewise prohibited to extract the App's database or to modify or decompile its source code, except where permitted by law.

(4) You retain ownership of the data and content you provide. However, you grant us the license necessary to provide and improve the service, as further described in our Privacy Policy.

§ 8 Use of Artificial Intelligence (AI)

(1) The App uses artificial intelligence technologies (including third-party APIs such as OpenAI) to generate text and interact with you. By using these features, you acknowledge:

• Accuracy: AI systems can occasionally generate incorrect, misleading, or "hallucinated" information. You must independently verify any information generated by the App before relying on it.
• Appropriate use: You agree not to use the AI features to generate content that is illegal, harmful, sexually explicit, hateful, or that promotes violence.
• No sole basis for decisions: You agree not to use the App's AI outputs as the sole basis for decisions with legal or otherwise significant effects (e.g. medical, financial, or legal decisions).

§ 9 Teilnahme auf eigene Gefahr / Participation at Own Risk

(1) Participation in the app-based online course "Ready when things get mentally challenging – App-based online course: Multimodal Stress and Resource Management" and, more generally, use of the App is at your own risk. The offering serves individual primary prevention and the strengthening of personal resources. It does not replace medical, psychotherapeutic, or other professional advice, diagnosis, or treatment, and it is not designed for use in emergencies.

(2) The app-based online course is not suitable for you if any of the following apply:

• An acute mental health crisis or acute suicidality
• Severe mental health conditions requiring treatment
• An acute, severe physical illness or medical situation that prohibits self-guided exercises involving body awareness or breathing regulation
• Being a minor (under 18 years of age)

(3) This app-based online course on multimodal stress and resource management does not replace psychotherapeutic or psychiatric treatment. It is your responsibility to check, before starting, whether any of the exclusion criteria above apply to you.

(4) If you have an existing condition, are experiencing an acute crisis, have suicidal thoughts, or are unsure whether participation is suitable for you, please consult a doctor or psychotherapist beforehand.

(5) In acute crises and emergencies: If you are in immediate danger, call the emergency services (in Germany: 112). If you are in a crisis or a difficult life situation, helplines such as findahelpline.com list free, confidential support available in your country. Do not rely on this App in such situations.

(6) To the extent permitted by law, we accept no liability for health impairments arising from the use or misuse of the Programme, in particular where an exclusion criterion under paragraph (2) was disregarded.

§ 10 Limitation of Liability

To the fullest extent permitted by applicable law:

• We are liable without limitation for intent and gross negligence.
• For breach of essential contractual obligations (cardinal duties), we are also liable for slight negligence; in such cases, liability is limited to foreseeable, typical damage.
• For all other cases of slight negligence, our liability is excluded to the extent permitted by law.
• We accept no liability for health consequences resulting from the use or misuse of the App, as it is not a substitute for professional medical or psychotherapeutic advice.
• Claims arising from injury to life, body, or health, and claims under applicable product liability law, remain unaffected by the above limitations.

§ 11 Data Protection

The collection, processing, and use of your personal data is governed by our Privacy Policy, which forms part of these Terms and explains how we process your data in accordance with the GDPR and what rights you have.

§ 12 Termination and Exclusion by the Provider

We reserve the right, following a prior warning, to suspend or terminate your access to the App for conduct that violates these Terms or is harmful to other users, us, or third parties, provided such action is appropriate and proportionate in the circumstances. Any statutory or contractual rights you already hold remain unaffected.

§ 13 Changes to These Terms

(1) We may amend these Terms where necessary, for example due to changes in the law, technical developments, or expansions of our services.

(2) We will inform you of material changes within a reasonable time before they take effect, for example by email or at your next login to the App. Continued use of the App after such changes take effect constitutes your acceptance of the new Terms.

§ 14 Final Provisions

(1) These Terms are governed by the laws of the Federal Republic of Germany, excluding the UN Convention on the International Sale of Goods. For consumers habitually resident in another EU member state, this choice of law applies only insofar as it does not deprive you of protection granted by mandatory provisions of the law of that state.

(2) We do not participate in dispute resolution proceedings before a consumer arbitration board.

(3) Should individual provisions of these Terms be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.