General terms and conditions of the Humanoo website

Status: April 2025

The following Terms of Use and the License Agreement (hereinafter also referred to jointly as the "Terms") govern the use of the TELUS Health Engage offerings in the TELUS Health Engage app and the contractual relationship between the end user and user of the TELUS Health Engage app (hereinafter also referred to as "User ") and Humanoo (hereinafter also referred to as "eTherapists GmbH").

At the beginning of each section, there is a brief summary of what is regulated in the section. The respective summary is for convenience only and does not contain any legally relevant explanatory content.

Note on the restriction of use

The TELUS Health Engage offers can only be used on a mobile device (iOS & Android) with the mobile software of eTherapists GmbH (hereinafter also referred to as the "TELUS Health Engage app"). eTherapists GmbH would like to point out that the TELUS Health Engage app is currently not compatible with all mobile device operating systems. Accordingly, an app-compatible smartphone with an operating system necessary for using the app and an internet connection are required to use the app. The app is not compatible with all smartphone operating systems, so it is not possible to use the app with a non-compatible operating system. Offline participation is excluded.

The following minimum requirements currently apply to the use of the TELUS Health Engage app:

Google Android at least version 9.0 (Pie)
Apple iOS at least version 15
Internet connection

In order to be able to provide the service to the user in the contractually guaranteed quality, only the versions of their respective operating systems officially supported by Apple and Google are supported for the TELUS Health Engage app . This excludes in particular operating systems of smartphones that have been modified by the user (in particular jailbreak, custom ROMs or comparable modification of the operating system by the user).

eTherapists does not support operating system versions or end devices that are no longer officially supported by the manufacturers (EOL). Furthermore, eTherapists reserves the right to restrict the supported operating system versions at any time in the future in order to ensure the stability, security and functionality of the TELUS Health Engage app.

Notes on the costs for data transfers

Costs may be incurred for the transmission of data from the TELUS Health Engage offers and the TELUS Health Engage app between the computer or mobile device of the user and the servers of eTherapists GmbH through the use of Internet providers. These costs are charged by the internet provider. Users can find out the specific costs of data transmission from their internet provider.

Area of application

Area of application

This section sets out how and by whom the TELUS Health Engage offers and TELUS Health Engage app can be used and under what circumstances different conditions may apply.

1.1 The digital health-promoting TELUS Health Engage offers contained in the TELUS Health Engage app may only be used by natural persons whose use of the offers cannot be attributed to their commercial or independent professional activity (consumers). If the user is not of legal age or must be represented by a third party in business matters for other reasons, use of the TELUS Health Engage app together with the TELUS Health Engage offers is only permitted if the prior consent (agreement) of the authorized representative has been obtained.

1.2 Use of the TELUS Health Engage app by entrepreneurs is excluded. Anything to the contrary may only apply by express written agreement.

1.3 The provider of the TELUS Health Engage services and the TELUS Health Engage app is

eTherapists GmbH,

Invalidenstrasse 117,

10115 Berlin, Germany,

HRB 174399 B (Charlottenburg Local Court),

Sales tax ID: 304876459,

Managing director with sole power of representation: Carl-Philip Pogoretschnik.

Contact options

Email: support@engage.telushealth.com

Phone: +49 (0) 30 120 88 55 0

eTherapists GmbH becomes when using the TELUS Health Engage app including the TELUS Health Engage offers a contracting party of the user and can be contacted in case of questions regarding these provisions, the TELUS Health Engage offers or the TELUS Health Engage app.

1.4 These provisions apply to all TELUS Health Engage services offered at engage.telushealth.com and in the TELUS Health Engage app.

1.5 eTherapists GmbH is neither the operator of mobile end devices nor of platforms on which apps are offered and distributed ("app stores"). These provisions therefore do not apply to the relationship between the user and the operator of such "app stores" or the operator of the user's mobile device. Here, separate provisions of the respective operators may apply, which the user should observe.

TELUS Health Engage offers

Here we explain what TELUS Health Engage offers and what services are available.

2.1 The TELUS Health Engage services, the scope of use of which depends on the TELUS Health Engage ID acquired and made available by the entrepreneur, include various functions (such as coaching, exercises, recipes or activity tracking) with which the user can determine his individual physical and mental state of health and improve his performance. The aim of the TELUS Health Engage services is to raise awareness of health issues among users and to encourage them to take a more active approach to their own health.

2.2 The digital content of the TELUS Health Engage services is made available to users via the TELUS Health Engage app. Digital content includes, for example, videos with exercises, recipe suggestions with pictures and cooking instructions or other written or visual recommendations.

2.3 Food, training equipment and other objects used by eTherapists GmbH in the TELUS Health Engage offers in coaching sessions or recommendations for action are not part of the TELUS Health Engage offers and may have to be purchased separately.

2.4 The TELUS Health Engage offers include functions such as "Loosening up / releasing tension", "Training", "Challenges" and "Nutrition".

The "Relaxation / release tension" function allows users to select body regions and receive recommendations. The user is then offered exercises (in the form of videos with physical exercises) that can be used to improve well-being. This also includes a collection of yoga coaching sessions.
In the "Coach" area, the user is given a selection of programs for pursuing individually definable health goals (e.g. "Exercise", "Mindfulness" and "Nutrition").
The "Activity" function offers users the opportunity to set personal goals in selected categories (e.g. "steps per day"). In this context, the user can transmit data via Google Fit, the Apple Health app or from other activity data tracking providers. In the event that the user wishes to use the service of a cooperating third-party provider for tracking (e.g. Google Fit, Apple Health App or other providers), personal data relating to registration and use will be exchanged. The user receives more detailed information during the initial application and in our data protection information.
The "Nutrition" section provides users with recipes and the option of receiving individual recipe suggestions.

2.5 The app enables the collection of points ("diamonds") for health-conscious behavior in the form of the activities and activities specified in the app or goals chosen by the user within the scope of the activities and activities permitted in the app (individually or collectively "activities"). The descriptions of the activities can be found in the app. The user can connect health apps or fitness trackers that the app allows. Participation in the Diamond Program is free of charge. All duly registered users are eligible to participate.

2.6 The user has the opportunity to collect diamonds for the activities specified and/or permitted by the app or for activities chosen and permitted by the user. The applicable conditions and evidence that must be fulfilled or provided are listed in the descriptions of the activities in the app and depend on the respective activities. The selection of activities, the amount of diamonds, the conditions and the choice of evidence are at the sole discretion of eTherapists GmbH and can be changed at any time without giving reasons.

2.7 Any competitions associated with activities may also have their own terms and conditions. These are listed in the description of the respective activity or activity.

The number of diamonds and their converted value in the respective national currency is determined by eTherapists GmbH at its own discretion and on a case-by-case basis for each activity. The diamonds and their converted value amount in the respective national currency can be reduced or deleted by eTherapists GmbH at any time.

2.8 Upon successful completion of the activities specified by the app or selected and approved by the user, or upon complete fulfillment of the conditions applicable to the activities and submission of proof (see declaration in the app), the user will receive the number of diamonds specified by eTherapists GmbH credited to their user account. The number of diamonds that can be collected and their converted value in the respective national currency is limited per calendar year.

2.9 The user has the option of receiving the diamonds they have collected either as a cash payment (bank transfer) or as a voucher in the TELUS Health Engage Reward Shop located in the app. Cash payments are excluded. Diamonds can only be paid out to an account specified by the user. There is no entitlement to the payment of diamonds for users. eTherapists GmbH may refuse payment to users in whole or in part at any time at its sole discretion and without stating reasons. Once the form of payment has been selected, it cannot be changed to another form at a later date.

2.10 eTherapists GmbH is entitled at any time to make corrections regarding the diamonds (deduction or deletion of diamonds) if errors have occurred and diamonds have been credited to a user without authorization. This may be the case, for example, if a subsequent check reveals that a user has provided false information. The right to make corrections at any time is at the sole discretion of the operator and without giving reasons.

2.11 Diamonds are valid for at least 12 months from the time they are credited to the user account and then expire automatically without compensation and irrevocably. eTherapists GmbH may extend or shorten the period at any time without giving reasons. If the license is terminated (by the user , employer or insurance company) or the user account is deleted, the diamonds collected up to that point will also expire irrevocably and without compensation. Collected diamonds are neither transferable nor inheritable.

2.12 Depending on the activity, the following verification options are available to users:

Photo upload
Fitness tracker connection
Upload documents

Other forms of proof are reserved and the user will be informed of this in the app if necessary.

Photo proofs submitted via photo upload are only checked manually by authorized employees at eTherapists GmbH.

It is at the sole discretion of eTherapists GmbH whether the user has provided proof of successful completion of an activity in an individual case. The decision of eTherapists GmbH is made without giving reasons. The user must provide eTherapists GmbH with evidence by the end of the activity at the latest. Proof must be provided using the formats and specifications provided in the app. The submission of photos and documents by other means is not permitted.

2.13 The TELUS Health Engage offers are subject to a fee and can only be used after the purchase of a TELUS Health Engage ID. The use of a TELUS Health Engage ID as a license is the basis for registering a user account and activating the TELUS Health Engage offers for the user.

TELUS Health Engage IDs can only be acquired by companies, insurance companies or health insurance companies (hereinafter also referred to as "contractual partners"). When purchasing the TELUS Health Engage ID, it is agreed between eTherapists GmbH and the contractual partner that the offer of use linked to the TELUS Health Engage ID is to be provided for the benefit of the user. The user has the right to request the access and conditions of use directly from eTherapists GmbH for the duration of the term, although he has not himself become a party to the contract in this respect. Depending on the term chosen by the contractual partner, a TELUS Health Engage ID is valid for:

twelve (12) months / twenty-four (24) months or thirty-six (36) months with an automatic contract extension,

The purchase of individual licenses by the user himself is excluded. The other requirements for the acquisition and use of the TELUS Health Engage ID are set out in section 5.

2.14 For contractual partners, such as companies (employers) or insurers/health insurance companies that make the TELUS Health Engage offers available to their employees/insured persons, eTherapists GmbH also offers to create anonymized evaluations of the health status of their employees/insured persons. An evaluation is carried out using the TELUS Health Engage IDs that the respective contractual partner (employer or insurer/health insurance company) has acquired from eTherapists GmbH. The evaluation does not include users who are not employees/insured persons of the respective company or the respective insurer/health insurance company. The anonymized evaluation requires the processing of health and personal user data into anonymized data. Anonymized data is data that has been processed in such a way that the user concerned can no longer be identified, either directly or indirectly, even by using additional information. Re-identification is permanently excluded. Anonymized data is not considered personal data within the meaning of the General Data Protection Regulation (GDPR).

2.15 The legal basis for this data processing requires the prior consent of the user, which is declared to eTherapists GmbH when registering for the app. The user can find further information in the relevant declaration of consent at https://go.telushealth.com/telus-health-engage-consent-declaration .

2.16 The TELUS Health Engage app is offered to users free of charge for download via the Apple App Store and Google Play. The TELUS Health Engage app is software that enables access to the TELUS Health Engage services from a mobile device and makes the presentation of the TELUS Health Engage services on mobile devices user-friendly. The installation of the TELUS Health Engage app on a mobile device is a prerequisite for using the TELUS Health Engage services.

health information

The following instructions should be read and taken into account particularly carefully, as they are very important for the health of the user. In particular, it explains what needs to be considered before and during use of the TELUS Health Engage services with regard to health.

3.1 The TELUS Health Engage services do not constitute medical advice or a medical examination and are in no way a substitute for a visit to the doctor. The aim of the TELUS Health Engage services is to raise awareness of health issues and motivate users to adopt a more balanced lifestyle.

3.2 eTherapists GmbH strongly advises users with pre-existing conditions or pregnant women to consult a doctor before using the TELUS Health Engage services and to discuss their use with a doctor.

3.3 If the user notices that discomfort occurs while using the TELUS Health Engage services or if the user experiences sudden pain while carrying out the coaching sessions of the TELUS Health Engage services, eTherapists GmbH advises the user to stop using the TELUS Health Engage services for the time being and to consult a doctor immediately.

3.4 In order to enable individualized coaching for the user, the TELUS Health Engage offer includes the optional performance of health tests in the areas of "mobility", "mindfulness", "nutrition" and "activity". Our health experts classify the current status in the corresponding subject areas.

3.5 Users should clarify any allergies and food intolerances with their doctor before using the TELUS Health Engage services and pay particular attention to the respective ingredients when selecting food.

3.6 The TELUS Health Engage offer does not include curative treatment measures. In particular, the TELUS Health Engage offer does not include medical or psychotherapeutic advice or treatment and is not a substitute for such. In cases where your (mental) health is impaired and requires medical or psychotherapeutic treatment , our offer cannot replace medical treatment, but can only be a useful supplement; the user should discuss this question in advance with his doctor or therapist and follow the corresponding recommendation before using the TELUS Health Engage offer. In all other respects, the requirements for registration in the TELUS Health Engage app and the use of the TELUS Health Engage services in accordance with sections 3 and 4 et seq. . apply

3.7 Important note: If the user has thoughts or concrete plans to end his or her own life, the TELUS Health Engage service is not suitable for the user in question. Should such thoughts arise in the course of using the TELUS Health Engage service, the user is required to consult a doctor or psychotherapist immediately or to contact the telephone counselling service (telephone number: 0800 111 0 111), the German Depression Helpline (www.deutsche-depressionshilfe.de) or the known emergency numbers such as the police (110).

registration and conclusion of contract

This explains how registration for the TELUS Health Engage app works and how the contract is concluded, including these provisions.

4.1 In order to be able to use the TELUS Health Engage offers, it is first necessary to register for the creation of a user account. Each user may only register for one user account and may not make this user account accessible to third parties. In addition, the user account cannot be transferred to a third party.

4.2 Registration is carried out via the TELUS Health Engage app (iOS and Android). As an alternative to registering a user account, users have the option of logging in with the access data of the providers "Apple", "Google" or using their own email address.

4.3 Upon registration, the user is requested to take note of and accept these provisions and to declare his/her consent to the data protection provisions. Once the user has accepted these provisions, they shall form an integral part of the relationship between eTherapists GmbH and the user and, upon completion of registration, the contract between the user and eTherapists GmbH regarding the use of the TELUS Health Engage services free of charge for the user (hereinafter referred to as "user contract") shall be concluded

4.4 The user's declaration of consent to the data protection provisions is a mandatory prerequisite for the conclusion of the user contract and the subsequent use of the TELUS Health Engage app, including the TELUS Health Engage offers. If the user does not declare their consent to eTherapists GmbH or subsequently revokes it, it will not be possible to use the TELUS Health Engage app for data protection reasons. In this case, eTherapists GmbH is entitled to terminate the user agreement with immediate effect and to block the user's access to the TELUS Health Engage app and the TELUS Health Engage offers.

4.5 A good general state of health is a basic prerequisite for using TELUS Health Engage services. Users with pre-existing mental or physical illnesses should consult their doctor or therapist before using TELUS Health Engage services. TELUS Health Engage services expressly does not replace psychotherapy and is not suitable for the treatment of diagnosed disorders. If the user is currently undergoing therapy, the user should consult his/her doctor or therapist before using TELUS Health Engage services, who can decide on a case-specific and individual basis whether it makes sense for the user to participate in the TELUS Health Engage services in the TELUS Health Engage app.

acquisition of the TELUS Health Engage IDs

A TELUS Health Engage ID is required in order to use the TELUS Health Engage services. This section explains how the TELUS Health Engage ID works in detail and how it is acquired.

5.1 The TELUS Health Engage ID is used for user registration in the TELUS Health Engage app and to activate the TELUS Health Engage services in the TELUS Health Engage app for the user. The TELUS Health Engage ID can be purchased by a company for its employees or by an insurer/health insurance fund for its insured persons. The different terms can be viewed at 2.13 . The term begins from the time of the conclusion of the contract between the contractual partner and eTherapists GmbH. The TELUS Health Engage ID entitles the user to use the fee-based categories for companies, insurance companies and health insurers within the desired term. If the contractual term with a company or insurance/health insurance company ends and the contract is not extended, the validity of the TELUS Health Engage ID for employees of a company or members of an insurance/health insurance company also ends.

5.2 There are two ways to acquire the TELUS Health Engage ID. These are the provision by the user's employer or by the user's insurer.

5.2.1 Acquisition by the user's employer

eTherapists GmbH offers companies (employers) the opportunity to purchase a large number of TELUS Health Engage IDs and distribute them to their employees free of charge. This is intended to improve occupational healthcare. It is also possible for the employer to be given TELUS Health Engage by a health insurance fund or insurer. In this case, the company also receives anonymized reporting, provided that a declaration of consent has been obtained from the user in accordance with the requirements of section 2.14.

Users who are employees of such a company (employer) receive the TELUS Health Engage ID directly from their employer; it may also be issued by an employee of eTherapists GmbH. An order process and payment by the user themselves are then not necessary. This is done by the respective employer or the participating insurer / health insurance company. The user then receives the TELUS Health Engage ID free of charge from their respective employer.

5.2.2 Acquisition by the user's insurer/health insurance fund

eTherapists GmbH offers insurers/health insurance companies the opportunity to purchase a large number of TELUS Health Engage IDs and distribute them to their insurance members (insured persons) or potential insured persons free of charge. This is intended to sensitize the insured to health issues. The insurance company has the option of receiving anonymized reporting on member health, provided that the user's consent has been obtained in accordance with the requirements of Section 2.15.

Users who are insured with such an insurer/health insurance fund will receive the TELUS Health Engage ID directly from the insurer/health insurance fund; it may also be issued by an employee of eTherapists GmbH. An order process by the user himself is not necessary . This is done by the respective insurer / health insurance company. The user then receives the TELUS Health Engage ID free of charge from the insurer/health insurance company.

right of withdrawal

Here you will find important information on the statutory right of withdrawal to which the user is entitled when concluding a contract of use for the TELUS Health Engage app .

6.1 If the user has concluded a free-of-charge user agreement with eTherapists GmbH by registering with the TELUS Health Engage app in accordance with Section 4.3 , the user has a right of withdrawal.

6.2 The following revocation instruction is intended for the aforementioned contract of use.

6.3 The start of the period for this right of revocation is based on the time of conclusion of the user contract and is independent of the time at which the TELUS Health Engage ID is made available to the user by the contractual partner.

Cancellation policy

Right of withdrawal

The user has the right to withdraw consent within fourteen days without giving reasons.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise the right of withdrawal, the user must inform eTherapists GmbH, Invalidenstraße 117, 10115 Berlin, Germany, Email: support@engage.telushealth.com of his/her decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or email). The user can use the attached sample withdrawal form, but this is not mandatory.

To meet the withdrawal deadline, it is sufficient for the user to send notification of the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of revocation

If the user withdraws from this contract, we shall reimburse all payments received by eTherapists GmbH from the user in connection with the user contract for any reason whatsoever, including delivery costs (with the exception of additional costs resulting from the user choosing a type of delivery other than the cheapest standard delivery offered by eTherapists GmbH), immediately and at the latest within fourteen days from the day on which eTherapists GmbH receives notification of the withdrawal from this contract. For this repayment, we will use the same means of payment that the user used for the original transaction, unless expressly agreed otherwise with the user; in no case will the user be charged any fees for this repayment.

The user must return or hand over the goods to eTherapists GmbH immediately and in any case within fourteen days at the latest from the day on which the user informed eTherapists GmbH of the revocation of this contract. The deadline is met if the user sends the goods before the expiry of the fourteen-day period.

++ Sample withdrawal form ++

Sample withdrawal form

(If the user wishes to withdraw from the contract, the user can complete the following form and return it to eTherapists GmbH).

- To eTherapists GmbH, Invalidenstraße 117, 10115 Berlin, Germany, Email: support@engage.telushealth.com

- I/we (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)

- Ordered on (*)/received on (*)

- Name of the consumer(s)

- Address of the consumer(s)

- Signature of the consumer(s) (only for notification on paper)

- Date

(*) Delete as appropriate.

6.4 The aforementioned right of revocation of the user expires if eTherapists GmbH has begun with the execution of the contract after the user has expressly agreed that eTherapists GmbH begins with the execution of the contract before the expiry of the revocation period and the user has confirmed his knowledge that he loses his right of revocation by the consent with the beginning of the execution of the contract. eTherapists GmbH will inform the User of this fact separately when the TELUS Health Engage ID is entered.

7 License and intellectual property

This section describes how the TELUS Health Engage app and the TELUS Health Engage services may be used and what rights are granted to the TELUS Health Engage services and the TELUS Health Engage app.

7.1 License for the TELUS Health Engage app (software)

7.1.1 By accepting these terms and conditions by the user, eTherapists GmbH grants the user the non-exclusive right, unlimited in time and space, to use the TELUS Health Engage app for private, non-commercial purposes within the scope of these terms and conditions and for the TELUS Health Engage offers.

7.1.2 The user is not entitled to grant sublicenses or to make the TELUS Health Engage app available to third parties, or to distribute the TELUS Health Engage app or make it publicly accessible.

7.1.3 The user may neither edit nor decompile the TELUS Health Engage app, unless this is expressly permitted by law. The right of reproduction is limited to the installation of the TELUS Health Engage app on end devices in the direct possession of the user in order to fulfill these provisions and the purpose of use, and to reproduction that is necessary for loading, displaying, running, transferring and saving the TELUS Health Engage app, as well as to the right to make a backup copy of the TELUS Health Engage app. The user may not reverse engineer or disassemble the TELUS Health Engage app or attempt to gain access to the app's source code.

7.1.4 The license terms for the TELUS Health Engage app set out in Section 7.1 above shall also apply to all upgrades or improvements that eTherapists makes available to the User and that replace or supplement the TELUS Health Engage app, unless the upgrades or improvements are subject to a separate license.

7.2 License for the TELUS Health Engage offerings (software and other digital content)

7.2.1 With the acceptance of these terms and conditions by the user, eTherapists GmbH grants the user the spatially unlimited, simple and non-transferable right to use the TELUS Health Engage offers or digital content for private, non-commercial purposes within the scope of these terms and conditions. The right is limited in time to the validity of the TELUS Health Engage ID. The validity is dependent on the acquisition of the TELUS Health Engage ID by the employer (Section 5.3.1) or insurer/health insurance fund (Section 5.3.2) and begins from the time at which the employer or insurer has requested the activation of the TELUS Health Engage ID, but at the latest when the TELUS Health Engage ID is issued to the employee or insured person.

7.2.3 The user is not entitled to grant sublicenses or to make the TELUS Health Engage offers or digital content available to third parties, or to distribute or make the TELUS Health Engage offers or digital content publicly accessible.

7.2.4 The TELUS Health Engage offers or digital content sometimes contain copyrighted works of third parties (such as cooking recipes, photographs or videos). eTherapists GmbH is entitled to make these works available to the user within the scope of the TELUS Health Engage services and these terms and conditions. Unless otherwise expressly agreed between the user and the third party, these license provisions of section 7.2 also apply to such TELUS Health Engage offers or digital content created by third parties. All digital content created, provided or made available under these provisions (including, but not limited to, texts, images, videos, software, databases, designs, graphics, brands, logos and other materials) remain the intellectual property of eTherapists GmbH or the respective rights holder.

7.3 Humanoo and eTherapists are registered trademarks.

data protection

The data protection provisions relating to the use of the TELUS Health Engage app and the associated TELUS Health Engage services are set out here.

8.1 eTherapists GmbH collects, processes and uses personal data of the user within the scope of the TELUS Health Engage offers and the TELUS Health Engage app, as well as for the processing of orders, in particular in accordance with the GDPR and the applicable data protection information. The exact scope and specific details on the handling of personal data can be found in the data protection information for the use of the TELUS Health Engage app and the relevant declaration of consent, which are made available to the user before completing the registration of his user account and which can be accessed at any time on the website at https://go.telushealth.com/telus-health-engage-privacy-policy and and in the TELUS Health Engage app under "Settings".

8.2 If the user is asked for a nickname in the context of personalization, the actual name should not be used. This is the only way to implement the data protection-friendly implementation of TELUS Health Engage offers.

8.3 If the user does not declare their consent to eTherapists GmbH or subsequently revokes it, it is not possible to use the TELUS Health Engage app and the TELUS Health Engage services for data protection reasons.

9 Obligations of the user

At this point, we would like to point out some obligations that must be observed when using the TELUS Health Engage app and the TELUS Health Engage offers.

9.1 The User must implement the coaching sessions and instructions in the TELUS Health Engage offers in accordance with the instructions. This applies in particular to the physical exercises and recipe instructions for the "Coach", "Activity", "Loosening / releasing tension" and "Nutrition" functions.

9.2 If the user does not clearly understand coaching or instructions, the user must contact eTherapists GmbH before executing the coaching or instructions in order to clarify any ambiguities. This contact is free of charge for the user and can be made via the contact options specified in section 1.3. In addition, the "Contact health experts" function can be used for questions about the coaching sessions or advice.

9.3 The User's attention is once again expressly drawn to the health instructions in section 3 of these provisions. Disregarding the health instructions can lead to injury and health risks. This applies in particular to previously ill users, pregnant women or users who suffer from food intolerances or allergies.

9.4 The user must inform eTherapists GmbH without undue delay if he/she suspects that third parties have gained unauthorized access to the user account . The same shall apply if the user becomes aware that the rights of eTherapists GmbH are being infringed by third parties.

9.5 If rights of eTherapists GmbH are infringed by third parties or unauthorized access to the user account has occurred and the user can make a contribution to the defense of these rights or the clarification of the unauthorized access, the user shall support eTherapists GmbH in the defense of its rights. This support relates in particular to the provision of relevant information and documents.

9.6 eTherapists GmbH strongly advises users to regularly back up their data stored on the mobile device or computer of users in order to minimize the damage caused by possible data loss.

9.7 In order to use the TELUS Health Engage services and TELUS Health Engage app, the user must be at least 16 years old. If the user is at least 16 years old but has not yet reached the age of 18 , the user may only use the TELUS Health Engage services and TELUS Health Engage app if the user's parents or legal guardians give their consent.

Sample consent for the use of the TELUS Health Engage app and TELUS Health Engage offers by minors

Mr./Mrs. First and last name

Resident in Address

hereby declares his/her express consent that his/her child

First and last name

Address

Birthday

uses the online services and online content of eTherapists GmbH under the TELUS Health Engage brand (subject to a fee if applicable, unless the employer or insurer/health insurance fund bears the costs). This includes in particular the use of the TELUS Health Engage app as a basic requirement.

The declarant has the

- Data protection information for the use of the TELUS Health Engage app from eTherapists Gmbh, available at https://go.telushealth.com/telus-health-engage-privacy-policy and the relevant declaration of consent, available at https://go.telushealth.com/telus-health-engage-consent-declaration ,

- the General Terms and Conditions (General Terms and Conditions of Use and License Agreement for TELUS Health Enagage - End Customers), available at https://go.telushealth.com/telus-health-engage-terms-and-conditions

and is in agreement with this.

The Declarant is aware that he/she may revoke this declaration of consent at any time by contacting eTherapists GmbH (support@engage.telushealth.com ). He/she is also aware that eTherapists GmbH reserves the right to refuse or withdraw activations and/or certain functions of the respective app at any time if Humanoo deems the activations/functions to be unsuitable for the user or if the declaration of consent relevant under data protection law is subsequently revoked.

__________________

Signature

9.8 When using the app, the user may in particular not (this list is not exhaustive)

create multiple accounts for the same person;
violate the law and common decency with their usage behavior (e.g. nickname, comments or photo uploads);
infringe industrial property rights, copyrights or other property rights;
transmit content with viruses, so-called Trojan horses or other programs that can damage software;
enter, save or send hyperlinks or content for which he is not authorized, in particular if these hyperlinks or content violate confidentiality obligations or are illegal;
distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, malfunctions and the like or encourage participation in competitions, snowball systems, chain letters, pyramid schemes and similar campaigns;
use the app for commercial purposes;
Manipulate the functions and content of the app and the data collected (e.g. manipulation of steps or diamonds collected, etc.);
bypass, deactivate, decrypt or otherwise circumvent technical measures implemented to protect the app and its content or make unauthorized changes of any kind to the end device of the user, e.g. disabling hardware or software controls ("jailbreaking").

The assessment of whether the user has breached an obligation is at the discretion of eTherapists GmbH.

liability for defects, availability and guarantee

Here you can find out what the quality of our TELUS Health Engage offers and the TELUS Health Engage app is like and what rights you have if the agreed quality is not met.

10.1 The TELUS Health Engage offers available in the TELUS Health Engage app essentially correspond to the product descriptions on the website or in the app stores in which the TELUS Health Engage app is available. These product descriptions are merely general information on the features of the TELUS Health Engage app and the TELUS Health Engage offers and do not constitute guaranteed features.

10.2 eTherapists GmbH does not provide any guarantees unless these are expressly designated as such in writing.

10.3 eTherapists GmbH shall be liable for product defects in accordance with the applicable statutory provisions.

10.4 In the case of updates, upgrades or new version deliveries, claims for defects are limited to the new features of the updates, upgrades or new version delivery compared to the previous version status.

10.5 eTherapists GmbH does not guarantee that the TELUS Health Engage offers will actually lead to an improvement in well-being and state of health. In particular, no specific success is owed.

10.6 Some TELUS Health Engage offers, such as health coaching or nutrition tips, are subject to ongoing scientific findings. eTherapists GmbH does not guarantee that the TELUS Health Engage offers correspond to the latest research results and findings.

10.7 The TELUS Health Engage offers are stored with a central server provider. eTherapists GmbH endeavors to make the TELUS Health Engage app available to the user with as little interruption as possible and to rectify any faults as quickly as possible. However, continuous availability of the TELUS Health Engage app at all times cannot be guaranteed for technical reasons (e.g. due to necessary maintenance work, security or capacity reasons as well as due to events beyond the control of eTherapists GmbH such as disruptions of public communication networks, power failures, force majeure).

liability

The scale and scope of liability is shown here.

11.1 The following limitations of liability of this Section 11 shall not apply to injury to life, body or health or to liability under the Product Liability Act or insofar as eTherapists GmbH has fraudulently concealed the defect or has assumed a guarantee for the quality of the item. In addition, the following limitations of liability shall not apply if eTherapists GmbH or employees, legal representatives or vicarious agents of eTherapists GmbH have caused damage through gross negligence or willful misconduct.

11.2 Within the scope of of the user agreement, eTherapists GmbH shall only be liable in the event of a breach of a material contractual obligation (so-called cardinal obligation) due to slight negligence in the amount of the typical, foreseeable damage. A material contractual obligation exists if this obligation is necessary for the fulfillment of the contractual purposes and the user can rely on the fulfillment of this obligation.

11.3 eTherapists GmbH shall only be liable for direct and indirect damages caused by the loss of data of the user up to the amount that would have been incurred if the data had been properly and regularly backed up.

11.4 Temporary restrictions or interruptions to the availability of the TELUS Health Engage app do not entitle the user to claim damages, provided that these remain within reasonable limits.

11.5 The above provisions on liability in this Section 11 also apply to employees, legal representatives or vicarious agents of eTherapists GmbH.

11.6 eTherapists GmbH is not liable for external links and digital content of third parties insofar as eTherapists GmbH does not adopt this content as its own. eTherapists GmbH has checked the content of external links. However, the external information is not continuously monitored. As soon as eTherapists GmbH becomes aware of illegal content or illegal activities in external links, eTherapists GmbH will immediately remove the respective link that refers to this content.

11.7 Otherwise, the liability of eTherapists GmbH is excluded.

termination

This section describes how the contractual relationship on which these provisions are based can be terminated and what happens to the data in the event of termination.

12.1 These Terms and the license agreement between the user and eTherapists GmbH shall apply for an indefinite period, unless the contractual relationship between the user and eTherapists GmbH is terminated by either the user or eTherapists GmbH.

12.2 The user has the right to terminate the contractual relationship with eTherapists GmbH at any time by giving one month's notice in text form to eTherapists GmbH. The notice of termination should contain the user name and the TELUS Health Engage ID of the user.

12.3 eTherapists GmbH has the right to terminate the contractual relationship with the user if the user repeatedly violates the provisions of these terms and conditions and does not cease the violation despite being requested to do so by eTherapists GmbH.

12.4 If the contractual relationship between the employer or insurer/health insurance company of the user and eTherapists GmbH is terminated, eTherapists GmbH has the right to also terminate the user agreement with the user and to discontinue the provision of the TELUS Health Engage services.

12.5 The right to extraordinary termination for good cause remains unaffected by this.

12.6 If storage is not required by law or necessary for the fulfillment of the contract, the user's data will be irrevocably deleted if desired.

12.7 The provisions on the statutory right of withdrawal (Section 6) apply without prejudice to the provisions on termination

13 Other provisions

This section regulates various points that are otherwise relevant to the contractual relationship.

13.1 eTherapists GmbH reserves the right to amend these provisions with effect for the future, insofar as this is necessary to adapt to legal, technical or economic developments and does not unreasonably disadvantage the User. The user will be informed of planned changes at least four (4) weeks before the planned change by an express notice in text form either by e-mail or within the app. The amended provisions shall only become effective if the user expressly agrees to them. If the user does not expressly agree to the amended provisions, eTherapists GmbH is entitled to terminate the contract with the user for cause.

13.2 Amendments to these provisions must be made in text form. This also applies to amendments to this clause.

13.3 The applicable law and the place of jurisdiction for these provisions shall be governed by the statutory provisions of . The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply.

13.4 Under applicable law, we are obliged to inform the user as a consumer within the meaning of Section 13 of the German Civil Code (BGB) of the existence of the European online dispute resolution platform (so-called ODR platform), which can be used to settle disputes without having to go to court - the European Commission is responsible for setting up the ODR platform. The ODR platform can be accessed via the following link: https://ec.europa.eu/odr&nbsp. eTherapists GmbH would like to point out that it is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

13.5 The language of these terms and conditions and of the license agreement between user and eTherapists GmbH is German. Insofar as copies of these provisions are translated into other languages, the German version of these provisions shall prevail in the event of contradictions.

13.6 These provisions shall supersede any previous agreements Users . Insofar as special conditions apply to TELUS Health Engage offers or other products of eTherapists GmbH, such special conditions shall take precedence over these provisions.

retrieval and storage options

This last section explains where these provisions are permanently available.

eTherapists GmbH keeps these provisions permanently available for retrieval and storage for the user in the TELUS Health Engage offers and on its website at https://go.telushealth.com/telus-health-engage-terms-and-conditions bereit (contract text storage). However, eTherapists GmbH advises the user to save a version of these terms and conditions on their own data carrier and store it permanently for their own benefit.

General terms and conditions of TELUS Health Engage - Consumer version