Explaining what's important.
- Please read, understand and agree with the materials on this page before you use Wellsome.
- Sometimes we update these documents. If you do not agree with the changes, please stop using Wellsome.
- You need an account for Wellsome. You can stop using the account at any time.
- Wellsome is used for understanding your mental health and provide users with the right mental health services. When using it, you are required to abide by any applicable laws. You can not use Wellsome for unlawful or illegal, defamatory, harmful, abusive, hateful, racially or ethnically offensive purposes. If you violate these terms, we may disable your access to Wellsome.
- We do not approve or endorse any content included in your profile. We respect copyright and the intellectual property rights of others. You are responsible for the content of all of your conversations on Wellsome.
- Your privacy is very important to us. Find out more.
- There are no ads. Therefore your personal data or the content of your account is never sold or rented to anyone, it will never be used for any third-party advertising.
- We are transparent about the data we collect and what we do and don’t do with it.
- Wellsome follows European privacy laws.
- This was a brief summary of our Privacy Notice. Read the complete version below. If you have any questions about it, please contact us at firstname.lastname@example.org.
Effective Date: Mar 4, 2022
Welcome to Wellsome
Wellsome merely facilitates getting in contact with practitioners, and provides related services, such as scheduling, booking and educational content. Wellsome does not act as well-being service provider itself, nor does it supervise its practitioners using the platform.
Scope of the ToU
The following ToU shall apply to the use of the platform by the users and the practitioners. The ToU shall apply also if the platform is accessed from outside Germany.
Wellsome is a paid service and the platform services shall be chargeable by an agreement between a company and Wellsome.
Description of Services
The services offered by the platform include:
- Regular check-ins with employees to measure where they stand in terms of well-being, stress etc.
- Educational material, mindfulness content
- Booking and scheduling counseling sessions with practitioners
- Integration to Slack workplace of the company via a Slackbot
- Video conference solution for counseling sessions
Wellsome itself will not offer counseling services. Neither will it represent the users or the practitioners with regard to counseling services or any other activity. As a consequence, only the respective practitioner, not Wellsome, shall be responsible for the proper conduct of said service and all related duties. Correspondingly, only the respective user, not Wellsome, shall be responsible for his communicative input with the practitioner.
Wellsome reserves the right to terminate contractual relations pursuant to this ToU and to deny customers, users and/or the practitioners access to the platform without giving further reasons.
The use of the platform requires an online registration for booking and payment purposes. Users of the platform must be at least 18 years of age and contractually capable. No one shall have multiple accounts. All data requested by Wellsome has to be submitted accurately and completely.
During the registration process, practitioners shall provide Wellsome with copies of their ID and evidence of qualification and/or education for verification purposes. Wellsome reserves the right to check this information or to request further proof.
Further Obligations of the users and practitioners
The users and practitioners shall refrain from any misuse of the platform. In particular, they shall not:
- Use the platform to obtain any services that are against the law or otherwise prohibited in the location where the user is accessing services;
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others on the platform;
- Send or otherwise make available any inappropriate, profane, defamatory, obscene, abusive, racist, indecent or unlawful topic, name, material or information on the platform;
- Send files that contain viruses, trojan horses, worms, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
Requesting a counseling sessions
The company has a contractually agreed amount of counseling sessions included. Employees can request a counseling session out of those credits. Once an employee requested a counseling session, Wellsome will match them with a best available counselor who fits their current needs. After a practitioner has been found, Wellsome invites both – employee and practitioner – to a secure video conference room.
A cancellation has to me made prior to 24 hours before the sessions starts. If an employee cancels late, Wellsome will need to have to count that session as used. A no show refers to when an employee doesn’t show up for the counseling appointment, without giving Wellsome advance notice.
Wellsome cannot accept any liability for the practitioners’ performance of his related obligations, in particular repayment of the fee as applicable under statutory law.
Practitioners have the option to link their Google Calendar and Office365 Calendar via OAuth 2.0. This helps potential users to see the counsellors’ availability based their broad working hours, internal events (appointments with other clients) and external appointments (Google or Office 365 Calendar events).
Wellsome is only storing the start end end time of external events. We do not store personal information, such as event summary and participants of the individual events. Appointments from the past will be automatically removed from our databases. Potential users won’t see the individual external events.
Fees, Charges and Billing
Fees for well-being services shall be set individually between Wellsome and each customer company. Wellsome may modify this fee over time at their own discretion. Users are informed during the booking process and before submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Quality of Services, Liability
Wellsome offers a platform to find a well-being service provider without guaranteeing any type of success, gain, relief or similar effect to the user/client.
Wellsome will aim to make the platforms services available in the best possible quality.
Any liability shall be excluded in the event of failure of communication networks, gateways, force majeure or other events outside the control and responsibility of Wellsome. Likewise, any liability shall be excluded in case of unlawful or unallowed access by third parties to the platform or the well-being service process by means of hacking or similar means.
Wellsome will be liable for damages for other than the above-mentioned reasons only in case of intent or gross negligence by its managers, officers, employees or agents and only in the proportion such behavior has caused the damage in relation to other causes. This limitation does not apply in case of a violation of cardinal duties, i.e. duties the fulfillment of which the users may justly expect. No loss of profits shall be recoverable. The restrictions of liability do not apply to cases of damages to life, body, or health, to cases of warranting for the condition of a product, and to cases of fraudulent concealment of defects of Wellsome, its legal representatives or assistants in performance.
Wellsome is the sole owner of all intellectual property, in particular the copyright, trademarks and database, incorporated in the platform. Wellsome does not grant any license or sub-license of such intellectual property to the users or the practitioners and shall retain all ownership or rights to it. As a consequence, the users or the practitioners shall not make use of the intellectual property in any way outside the functions of the platform, in particular (but without limitation) by using or adapting the intellectual property for their own commercial or professional gain.
See Privacy Notice: https://wellsome.care/legal/#privacy-notice
Wellsome may update and amend this ToU at any time and will make the updated ToU available and post the updated version of this ToU on the platform. You understand and agree that you will be deemed to have accepted the updated ToU if you use the platform after the updated ToU is made available to you. If at any point you do not agree to any portion of the ToU then in effect, you should immediately stop using the platform.
Wellsome will notify users and practitioners of the amendments at least two weeks before the change comes into force in text form. The change is deemed accepted by users and practitioners if they do not object within two weeks after receipt of the notice. Wellsome will point out the right to object, the period and legal consequences, particularly regarding the failure to object to the changes.
This ToU shall be governed exclusively by the law of the Federal Republic of Germany.
Any disputes under or in connection with this agreement (including those regarding its validity) shall be – as far as validly determinable – exclusively settled in the courts of the federal state of Berlin.
Should individual provisions of the ToU be invalid or unenforceable, all other provisions of the ToU shall remain unaffected. The contract language is English.
Privacy Notice and DPA
You must read and agree to this ToU and the supporting Privacy Notice as well as to the Data Processing Addendum (“DPA”) to use the platform. By using the platform, you represent that you have read and consent to our Privacy notice and DPA in addition to this ToU and agree with their content.
Questions? Contact Us