The WeMingo self-help program ("self-help program", "WeMingo") is offered by Johannes Schirrmeister, Goslarer Platz 2, 10589 Berlin, firstname.lastname@example.org (hereinafter: the provider or operator).
2. Scope of services/description of the offer
The self-help program is a web application that can be used on Internet-enabled mobile devices and PCs with compatible operating systems. WeMingo is not a medical device.
The self-help program enables people suffering from paruresis to better understand the problem, to become aware of their personal manifestation of the anxiety disorder and to deal with negative thoughts related to paruresis. The information on this anxiety disorder offered in the self-help program serves solely as non-binding and general information for the user and is not to be regarded as medical recommendations. The information obtained with WeMingo does not claim to be accurate or complete. The personal consultation, examination, diagnosis and therapy by a therapist, doctor or other healer will not be replaced. The self-help program is only intended to help users deal with the fear associated with public toilets. The provider urgently advises against a self-diagnosis. In case of physical symptoms of any kind it is strongly advised to consult a doctor.
The self-help program is not intended to detect, prevent or monitor disease, nor to investigate a physiological process. In particular, the self-help program is not intended to enable a direct diagnosis or control of vital bodily functions. It does not provide the user with a basis or recommendations for the diagnosis, prognosis, monitoring and treatment of diseases, in particular anxiety disorders. Under no circumstances may users use the software and the information obtained alone as a basis for decisions, in particular treatment decisions. For this purpose, the user must always seek prior medical advice. The self-help program does not combine medical knowledge with individual user data. In particular, neither remote diagnoses nor therapy suggestions for the individual case are given. The program is a mere information system and not directly decision-supporting software.
3.2 The retrievable information is carefully compiled by the provider according to the current state of science. However, it should be noted that medical knowledge is subject to constant change through scientific research and developments in scientific practice. The provider does not guarantee the correctness, completeness, correctness, topicality, quality and accuracy of the contents and information provided within the framework of the software. A warranty is excluded in this respect.
4.1 The information provided in the self-help program is for the private use of the user and may be used for private purposes. The use of the information for business purposes, in particular commercial use, may only take place with the written permission of the operator.
4.2 The users assure at the time of registration and with every use of the WeMingo program to be free of suicidal thoughts or thoughts of harming themselves.
5.1 The user is responsible for providing and maintaining the necessary technical systems required for access and use by the user.
5.2 The provider strives to make the use of the self-help program possible without interruption. The services of the provider are offered to the user subject to availability. The provider accepts no liability for the uninterrupted availability of the self-help program. The provider makes every effort to ensure that the services are available to the user without disturbances. However, even with all due care, downtimes cannot be ruled out. Maintenance work and/or further development and/or other malfunctions may restrict and/or temporarily interrupt the possibilities of use. The provider will mitigate problems as quickly as possible with due care in order to guarantee the availability of WeMingo again.
6. Conclusion of Contract
7. Program fee
The self-help program is offered for a one-time course fee, which is shown at the time of registration. The network operator may incur costs in connection with the use of the self-help program through data transfer. These costs must be borne by the user.
The provider is only liable for damages incurred if they are due to a breach of a material contractual obligation or to intentional or grossly negligent conduct on the part of the provider, his legal representatives or vicarious agents. If an essential contractual obligation is slightly negligently violated, the liability of the provider is limited to the foreseeable damage typical for the contract. An essential contractual obligation is given for obligations whose fulfilment makes the proper execution of the contract possible or on whose compliance the customer has trusted and was allowed to rely.
Any further liability for damages is excluded. Liability for culpable injury to life, body or health in accordance with the statutory provisions remains unaffected. This also applies to the mandatory liability according to the Product Liability Act.
9. Copyright and trademark law
The copyright of the offered software remains solely with the provider. You may not modify, translate, reverse engineer, decompile, create derivative works from, distribute or distribute the software.
10. Transmission and Distribution
Any redistribution or distribution of the software of the self-help program, in whole or in part, is prohibited unless a separate legal agreement exists between the provider and the redistributing or disseminating party. It is also forbidden to make the software of the self-help program accessible to third parties in any form and in any parts, neither for commercial or commercial nor for private purposes.
Date: July 2, 2018