General Terms and Conditions

§ 1     Miscellaneous
1.1     letsleep GmbH i.G. (below: “letsleep”) – Konradigasse 14, 78462 Konstanz – is the operator of the www.letsleep.de website. Via this website, and via mobile and desktop-related applications (apps), sleeping tips are provided and the letsleep online sleep coaching programme is offered. All offers on www.letsleep.de are intended for adult individual persons. By registering, visitors to the website become users. Minors are only permitted to register or to use the letsleep online coaching with the consent of their parents or guardians. On registration, the user confirms that these conditions have been met. In general, companies and public institutions (below: “companies”) can use the letsleep services and make them accessible to their employees, who also become users on registration. The use of letsleep services by companies is subject to a separate agreement, or a corresponding order, however.
1.2     The letsleep services can either be ordered directly by the visitor or user, or by the company for a selected number of users, if these users are employees of said company during the use of the services.
1.3     At the point in time of registration and each time they user the services of letsleep, users provide assurance that they are free of thoughts of suicide or thoughts that may lead them to harm themselves. For users who have these thoughts, or for users for whom such thoughts arise during the use of the services, letsleep expressly recommends seeking the help of a doctor or psychotherapist. Please note that the services offered via www.letsleep.de are not a substitute for a diagnosis by a doctor or psychotherapy treatment.

§ 2     Area of validity
2.1     The use of the services offered on the website and via mobile and desktop applications is based on these general terms and conditions, and on any other regulations agreed with the users. These general terms and conditions apply in the version valid at the point in time at which the respective contract was concluded.
2.2     letsleep does not recognise the validity of any general terms and conditions of the users or companies. Such general terms and conditions also do not apply when letsleep does not expressly contradict them.

§ 3    Services provided by letsleep
3.1    letsleep offers free information to visitors and users of the website. This information includes videos, factsheets and audio files. There is also the option to conduct a self-test relating to sleep and to take part in webinars and video chats free of charge.
3.2     Alongside the free services, letsleep offers visitors and users the opportunity to use paid online coaching events and telephone support regarding their sleep problems. The paid-for services are booked for a specific time period and can include deeper analysis methods (e.g. questionnaires, sleep diary), personal phone conversations or special coaching units. Fees charged for telephone consultations by mobile phone providers, network operators or Skype shall be borne by the user themselves. Further information on all services and their costs is given under www.letsleep.de.
3.3     letsleep reserves the right to modify or supplement offers for visitors, users or companies, or to offer new services. Services already ordered as binding by visitors, users or companies shall remain unaffected. In each case, the current description of the service on the website or in the contract form at the time of registration or booking of a fee-based service is decisive.
3.4     The use of all services can optionally be supported by a letsleep coach within the scope of the opportunities that are available in terms of technology. In order to use this opportunity, the user must grant the letsleep coach a corresponding right of access via their personal letsleep profile at the start of usage. It is only after this usage right has been expressly granted by the user that the letsleep coach has the right to use the user’s data for coaching purposes. The granting of the right of access can be revoked by the user at any time via the settings in their profile. In such cases, the usage data may no longer be used by the letsleep coach.

§ 4    Registration
4.1    Visitors can register on the website in order to use all free services offered by letsleep or to book all fee-based services. The results of all tests are also stored via registration.
4.2     Registration requires the submission of a valid e-mail address of the user and the selection of a password. If other mandatory data is required, this will be labelled accordingly during registration. The visitor is obliged to only provide accurate information during registration.
4.3     The visitors and users are themselves responsible for protecting all login data and passwords against access by third parties. letsleep assumes no liability for unauthorised access by third parties. Visitors and users must inform letsleep immediately regarding all cases of access by third parties of which they are aware, as well as other cases of improper use of the registration data. Additionally, visitors and users must change their password. Should improper use occur, letsleep is authorised, but not obliged, to immediately block the access in question, or to take other appropriate measures, as it sees fit.
4.4     The visitors or users are solely responsible for the accuracy of the information. All information provided must be true. Should visitors or users intentionally provide incorrect information, this may lead to the immediate exclusion from further use of the services offered.

§ 5    Conclusion of the contract
5.1    Contracts that are concluded by the visitor or user  themselves are agreed solely between letsleep and the visitor or user. On sending the registration enquiry, the visitor or user submits a legally binding offer to conclude a usage contract regarding the use of the services. The contract with the visitor or user via registration is concluded through the activation of the user account by letsleep on the website. Contracts that are concluded by a company regarding usage by its employees are concluded solely between letsleep and the company. In this case, in order for the user to claim the services, a further condition is that the user bindingly accepts the regulations stipulated in these General Terms and Conditions. The exception to this rule are the terms relating to prices and payments (see § 6).
5.2     Fee-based services are not recognised as having been booked until the express acceptance of an order submitted by the visitor, user or company. The relevant offers on the website – and separate offers in the case of companies – are only invitations to submit orders, which must be separately accepted by letsleep.
5.3     Following receipt of the enquiry or order, we send the visitor, user or company an e-mail in which we confirm that the order has been received. However, this does not yet constitute an acceptance. Input errors can be checked and corrected up until the point in time at which the order is submitted. Following acceptance of the order by letsleep, letsleep shall send the visitor or user a confirmation, insofar as they are a consumer as defined in § 13 of the German Civil Code (“BGB”).

§ 6 Prices and terms of payment
6.1    The prices apply that are given on the website – or in the case of companies, in the separate agreement – at the point in time of the respective conclusion of contract All prices for private individuals are inclusive of VAT. All prices for companies do not include VAT.
6.2     The costs for booked, fee-based services must be paid for in advance, and fall due immediately following acceptance of the order. Visitors and users are offered the various payment options named on the website. If payment is made via credit card, the card shall be charged on completion of the order in question. However, companies shall receive an invoice from letsleep which shows the VAT amount. This invoice must be settled within 30 days. A discount for early payment of the invoice cannot be guaranteed.  
6.3     All costs arising to letsleep due to incorrect information provided by the visitor, user or company, or due to insufficient funds on the account given, must be borne by the visitor, user or company.

§ 7 Obligations of the visitor or user
7.1    The visitor or user is obliged to have available the hard- and software, Internet access and if required, a Skype or telephone connection, necessary to use the website and services. The provision of the above is not included in the services offered by letsleep.
7.2     Visitors, users and companies are obliged to enter accurate details regarding all necessary information, in particular the necessary payment details. Any changes to such information must be reported to letsleep immediately.
7.3     Visitors and users may not conduct any illegal activity and/or be in infringement of applicable laws while using the services. In particular, they may not:
•    store, publish and/or transfer content
•    which infringes the rights of third parties, in particular copyright or performance protection rights, other ownership rights or personal rights;
•    which is a source of harassment, is insulting, is a danger to young people or is in any other way illegal;
•    which may directly or indirectly lead to physical or material damage, such as instructions to take action of this nature;
•    that shows manipulated content;
•    that is in infringement of the relevant rules of behaviour of letsleep;
•    pretend to be another person within the platform, such as a holder of office or representative of letsleep. Furthermore, they may not pretend to have a non-existent connection with such persons, falsify usernames or in any other way manipulate identification marks and/or mask the origin of content that is transferred within the scope of the offer;
•    collect, store or transfer personal data about other visitors or users, unless those affected are in agreement;
•    store, publish and/or post advertising, junk or mass e-mails, chain letters, snowball systems or other commercial communication;
•    employ scraping or similar techniques to compile content, to use it for another purpose, to re-publish it or to use it in any other manner;
•    to employ techniques or automated or other services designed to incorrectly portray user activities, such as through the use of bots, botnets, scripts, apps, plugins, extensions or other automated means for registering accounts, playing content, dispatching message, posting comments or other activities;
•    to harass, threaten, insult or slander a private individual or a legal entity, or to show contempt for or discriminate against persons due to their gender, race, religion or convictions. Furthermore, they may not claim or disseminate untruthful information relating to a private individual or legal entity.
•    They may not insert links to the content of third parties that are in infringement of these Terms and Conditions or other legal regulations.

§ 8 Protection rights and limitations of usage rights
8.1    The website and the software and database on which it is based, as well as other content, are subject to copyright or are protected by other laws. The provision according to these Terms and Conditions does not represent a waiver of copyright.
8.2      letsleep expressly reserves the rights due to letsleep as stipulated in the law against unfair competition (“UWG”), copyright and brand law or other laws, which protect the website, services and products, or parts of these. This applies in particular to rights to published texts, the design of the website or individual products and the logo used.
8.3     The website may only be used in the manner designed by letsleep. In particular, the database may only be retrieved via the software provided on the site. Trawling or spying on the database using other software is not permitted. In particular, automatic access to the website offer by letsleep is not permitted. The copying, forwarding, sending or publishing of the data is impermissible in any form, unless the website expressly offers such a function. Under the condition of compliance with these Terms and Conditions and all other applicable and any further contractual clauses, letsleep grants visitors and users the non-exclusive and non-transferable right to use the website and the services. The right of usage is extinguished on expiry of the contractual period. The visitor or user is not authorised
•    to transfer the website or access to it to third parties. Furthermore, the visitor or user is not authorised to rent out the website, or to lend, reproduce or re-sell it, or to market or forward it in any other manner;
•    to use the website or service to develop other services;
•    to activate and user functions of the website or service for which no usage rights have been granted to the visitor or user;
•    to change the source code of the website, or to translate, reproduce or decompile it, or to study its functions,  unless expressly permitted by law;
•    to remove, hide or alter legal information, in particular relating to the commercial protection rights of letsleep.
8.4     Should there be an indication of improper use, letsleep reserves the right to prohibit the use of the website with immediate effect.

§ 9 Right of revocation for consumers
If the visitor or user is a consumer as defined in § 13 of the German Civil Code (“BGB”), they retain the legal right to revoke. A consumer is any natural individual who concludes a commercial transaction for purposes that can mainly be assigned to neither their commercial nor their self-employed professional activity. In detail, the following applies:
9.1     Right to revocation: Visitors or users have the right to revoke this contract within 14 days without giving reasons for doing so. The revocation period is 14 days from the date of conclusion of the contract. In order to exert their right of revocation, visitors or users must inform letsleep by means of an unequivocal declaration (e.g. by letter, fax or e-mail) of their decision to revoke this contract. Visitors or users can use the sample revocation form (see below) for this purpose, although this is not mandatory. It is sufficient for compliance with the revocation period that the notification of exertion of the right to revocation is sent prior to the expiry of the revocation period.
9.2     Consequences of revocation: If visitors or users revoke this contract, letsleep shall immediately return all payments received by letsleep from the corresponding visitors or users, including delivery costs (with the exception of the additional costs that arise from the fact that visitors or users have chosen a different type of delivery than the low-cost, standard delivery offered by letsleep), and at least within 14 days from the date on which the notification regarding the revocation of this contract was received by letsleep. For this return payment, letsleep shall use the same means of payment as that chosen by the corresponding visitor or user for the original transaction, unless another express agreement is reached. letsleep shall under no circumstances charge a fee to visitors or users due to this return payment. If visitors or users have demanded that the services should begin during the revocation period, the corresponding visitors or users must pay a reasonable amount to letsleep, which corresponds to the proportion of the services already provided up to the point in time at which the visitors or users inform letsleep of the exertion of their right to revocation in relation to this contract, compared to the total scope of services agreed in the contract.
9.3     Sample revocation form: If visitors or users wish to revoke the contract, they can fill out this form and send it to letsleep:
To: letsleep/Dr. Utz Niklas Walter and Dr. Fabian Krapf, Käthe-Kollwitz-Weg 6, 78464 Konstanz, E-mail: info@letsleep.de, Phone: +49 (0)179/9042987
Revocation
I/we (...), hereby revoke the contract concluded by us on (date) regarding the purchase of the following goods (...)/the provision of the following service (...): _________________________________________________________________________
Ordered on (date)/received on (date): _________________________________________________
Name(s) of consumer(s): _________________________________________________
Address of consumer(s): _______________________________________________
Signature of the consumer(s) and date: _______________________________
9.4    In accordance with § 356, para. 4 BGB, with a contract for the provision of services, the right to revocation expires when letsleep has provided the service in full and has only begun with the realisation of the service after the visitor or user gave their express agreement for letsleep to do so, and at the same time confirmed that they are aware of the fact that they lose their right to revocation when the contract is fulfilled in its entirety by letsleep.
9.5     According to § 356, para. 5 BGB, with a contract relating to the delivery of digital content not located on a physical data storage device, the right to revocation also expires when letsleep has begun with the realisation of the contract, after the visitor or user has expressly agreed that letsleep may begin with the realisation of the contract prior to the expiry of the right to revocation, and that they have confirmed that they are aware of the fact that they lose their right to revocation when work begins on the realisation of the contract.

§ 10 Confidentiality and data protection
10.1     letsleep takes the protection of the personal data of visitors and users very seriously. letsleep treats personal data in confidence and in compliance with the statutory data protection regulations and the letsleep Data Protection Statement: /en/p/data-protection-statement-1075.html. Data shall not be forwarded to third parties without the express agreement of the visitor or user.
10.2     letsleep expressly states that the Internet does not allow absolute data security, despite all technical and organisational measures used by letsleep in accordance with the statutory regulations. letsleep is not liable for the actions of third parties (subject to § 12).

§ 11 Liability exclusion for links
11.1    The website may contain external links and reference to websites that are not operated by letsleep. Such external links are usually provided only for reasons of user friendliness. letsleep has no influence over their content. The operator of the linked pages is solely responsible for their content.
11.2     Here, letsleep expressly distances itself from content that is hidden behind the links given on the website, the servers behind them, further links and all other visible or invisible content. letsleep neither takes responsibility for the content of these websites, nor does letsleep assume ownership of these websites and content of third parties. letsleep does not check the linked information. No infringements by external content of valid law were known to letsleep at the time the links were created. Furthermore, letsleep assumes no guarantee for information, legal and organisational matters, content or promises made by linked offers.

§ 12 Liability
12.1    In cases of malicious intent and gross negligence by letsleep, a legal representative or agents of letsleep, letsleep is liable in accordance with the statutory regulations. The same applies to injury to life, body and health, in the case of the assumption of a guarantee by letsleep or of liability according to the product liability law.
12.2     With regard to damage to property and assets by letsleep, a legal representative or agents of letsleep caused by slight negligence, letsleep is liable only in cases of infringement of a key contractual obligation, although the liability is limited to the level of damage that was foreseeable and typical for the contract on conclusion of the contract. Key contractual obligations are such obligations the fulfilment of which makes the correct realisation of a contract possible at all, on whose fulfilment the contractual parties can generally rely.
12.3     Should letsleep provide services free of charge, letsleep is only liable for damage caused by gross negligence or malicious intent, alongside the liability in accordance with paragraph (1) above.
12.4     The above regulations do not entail a change in the burden of evidence to the disadvantage of the visitor or user.
12.5     The above exclusions of liability or limitations of liability also apply with regard to the liability of staff, employees, colleagues, representatives and agents of letsleep, in particular in favour of the shareholders, colleagues, representatives, bodies and their members in relation to their personal liability.
12.6     The recommendations given by us are tips and advice provided by letsleep GmbH on the basis of the information provided, and according to our best knowledge. However, the decision whether to follow these recommendations is made by each individual alone. letsleep GmbH expressly does not assume liability for any consequences or damage that occurs in any manner as a result of the recommendations given by letsleep GmbH.

13. Availability of the website
13.1    The website is provided with an annual availability of 95%. The following maintenance windows form the exception to this rule:
•    daily maintenance window (in particular also for implementing updates and upgrades) from 02.00 to 06.00 am (German time);
•    pre-announced maintenance windows that are announced at least two working days in advance, which last not longer than two hours and which do not exceed 6 hours per month;
•    times when the site is not available due to circumstances outside the control of letsleep, including force majeure;
•    periods of non-availability caused by the visitor or user.
13.2     letsleep can or must also limit access if the security of the online operation, the maintenance of online integrity, in particular the avoidance of severe interruptions to the Internet, the software or stored data render this necessary; these times are also not taken into account when calculating the degree of availability.
13.3     The letsleep website may not be accessible worldwide. Accessibility may be limited due to statutory provisions in certain countries.
13.4     The liability of letsleep as defined in item 12 above remains unaffected.

§ 14 Period of validity and termination
14.1    The contract relating to the use of the website is valid for an indefinite period and can be terminated at any time in a formless manner, subject to a period of notification of two weeks following confirmation of the registration by both sides.
14.2     The contracts relating to fee-based services between letsleep and the visitor or user as well as companies automatically expire following the end of the specified period of validity, and cannot be terminated in a regular manner in advance.
14.3     The right to prior termination for extraordinary reasons by both sides remains unaffected.

§ 15 Changes to the General Terms and Conditions
15.1    letsleep reserves the right to modify or supplement these General Terms and Conditions with effect in the future if this appears necessary. The respective new General Terms and Conditions apply to new contracts in the form valid at the point in time of contract conclusion.
15.2     During ongoing financial obligations, changes to the General Terms and Conditions will only be taken into account if these do not disadvantage the user against good faith. A change may in particular be necessary in order to adapt to a change in the legal situation. New court decisions that have recently been passed are also regarded as a change in the legal situation. Changes and further developments to the offer may also make it necessary to change or supplement the General Terms and Conditions.
15.3     In the case of ongoing financial obligations, a change or supplement shall be announced at least six weeks prior to taking effect, and in a suitable manner in text form, usually via e-mail.
15.4     During a period of ongoing financial obligations, visitors or users, as well as companies, have the right to file an objection against letsleep to a change or supplement of the General Terms and Conditions within six weeks following their publication and notification. Should an objection be filed in due time, both parties reserve the right to terminate the contract for extraordinary reasons. Other rights to terminate remain unaffected. Should the visitors or users, as well as the companies, fail to file an objection within the objection period, or if they continue to use services after already having done so, the change or supplement is regarded as having been accepted and becomes an inherent part of the contract. This paragraph does not apply to changes to the subject of contract or to a change in key contractual obligations, which would lead to a change in the nature of the contract overall. In such cases, letsleep shall offer the visitors or users, as well as the companies, the option of continuing the contract under the altered conditions.
15.5     In the notification regarding the changes to the General Terms and Conditions, letsleep shall separately inform the visitors or users, as well as the companies of the option of filing and objection and termination, the deadline involved and the legal consequences, particularly with regard to the decision not to object.

§ 16 Miscellaneous
16.1    This contract is subject solely to the material law of the Federal Republic of Germany, with the exception of the United Nations Convention on Contracts for the International Sale of Goods and German international private law. This notwithstanding, should the visitor or user be a consumer, they also have the right to protection of the mandatory provisions of this law, as defined in Art. 6, para. 2 of Directive (EC) 593/2008, which would be applicable without this clause.
16.2     Should the contract be concluded by a company, Konstanz is the sole place of jurisdiction for all disputes arising from or in connection with these General Terms and Conditions and the contract.
16.3     Should individual clauses in these General Terms and Conditions be or become ineffective, the validity of the remaining General Terms and Conditions remains unaffected. Should this occur, the ineffective clause shall be replaced by the statutory regulation.
16.4     letsleep is not obliged to participate in dispute arbitration proceedings before a consumer arbitration board, and shall also not participate in such proceedings.
Update: 15.01.2019