I. Scope of the application
III. Subject matter of the contract and scope of services
IV. Regsitration, conclusion of contract
V. Right of cancelation
VI. Pricing of the services
VII. Rights and obligations of the consumer
VIII. Intellectual property rights and your rights of use
IX. Hosting and links
X. Confidentiality and personal data protection
XI. Warranty and availability
XIII. Duration and termination
XIV. Amendments of the services and the GTC
XV. Other provisions
General terms and conditions
of Momsanity Jsc.
I. Scope of the application
- The following General Terms and Conditions (hereinafter also “GTC”) of Momsanity Jsc., UIC 206260843, with registered address in Sofia 1202, 47 “Bacho Kiro” Str., (hereinafter also “Momsanity” or “we”) govern the use of the Momsanity-App (hereinafter also “app”) and the contractual relationship between Momsanity and you (hereinafter also “consumer” or “you”). Please note that certain services offered by us may be subject to other terms and conditions. We point out such further contractual conditions to you separately in each case. In the event of dissent, the provisions of such special contractual conditions shall prevail over this GTC, unless expressly provided otherwise. Please read these terms and conditions carefully before using our app. Access to the app is contingent on your acceptance of these terms and conditions.
- The applicability of general terms and conditions of consumers or other contractual partners is exclusive. Deviating, conflicting or supplementary terms and conditions of the consumer or other contractual partners shall only become part of the contract if and in as far as we have expressly agreed to their validity.
- Momsanity provides its services (hereinafter the “Services”) according to these general terms and conditions only to consumers who are consumers in the sense of §13, item 1 of the Supplementary Provisions of the Consumer Protection Act.
- We expressly point out that the services offered via the app are no substitute for a diagnosis or medical or psychotherapeutic treatment. If you have suicidal thoughts or need medical help for other reasons, please consult a local doctor or therapist, or in urgent cases an emergency ambulance.
- The mobile app is registered as an active medical device of risk class I “Momsanity” (registration number ……………………….) according to the Council Directive 93/42/EEC Annex IX.3 Rule 12
For the purposes of these General Terms and Conditions, the following terms will be used with the following meaning:
- Distance contract – any contract within the meaning of Art. 45 of the Consumer Protection Act, concluded between a trader and a consumer as part of an organized system for providing distance services, without the simultaneous physical presence of the trader and the consumer, through the exclusive use of one or more means of distance communication until the conclusion of the contract , including at the time of concluding the contract.
- Trader – for any use in these General Terms and Conditions of the term “trader” means “Momsanity”.
- ConsumerConsumer – under the meaning of §13, item 1 of the Supplementary Provisions of the Consumer Protection Act is any natural person who uses the service regulated by these General Terms and Conditions, which is not intended for commercial or professional activity, and any natural person who, as a party to a contract under these General terms, acts outside its commercial or professional activity.
- Mental states of burnout – states of physical, emotional and mental exhaustion in professionals working in the social sphere. The onset of Burnout is due to the nature of the work, it is a professional phenomenon; it is not stress in itself, but the result of chronic stress caused by the “helping – addicted” relationship.
- Personal data – represent all data defined as such by the Personal Data Protection Act in the Republic of Bulgaria and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to processing personal data and on the free movement of such data and repealing Directive 95/46 / EC (General Data Protection Regulation) published in the Official Journal of the European Union on 4 May 2016, including human genome data.
- Momsanity is an app designed to enable consumerconsumers monitor their emotional well-being. The information obtained in the app can form a basis for the preparation and support of the necessary diagnostics and therapies by a doctor or therapist. Please note: The app cannot replace the diagnosis of a doctor or psychotherapist, it can only prepare and support the path to psychiatric or psychotherapeutic treatment. The app offers both free and paid services.
- Free services – The use of the app in the basic version is free of charge (free part of the app). The free part of the app helps you find out if you are affected by depression. For this purpose, you will answer questions about your mental and physical well-being three times a day during a 14-day screening session. The time required to answer the questions can vary individually and is approximately two minutes per day. Following the 14-day screening, the app gives you a rough assessment of whether and in what form you might be suffering from depression. The only condition is that you have given a minimum number of truthful answers. If the number of your answers is below this limit, you will receive a notification during the survey and can then start the survey again at any time.
- Payment offers – You can also obtain paid services and subscriptions within the app and receive additional services. This gives you access to personalized exercises and courses based on the principles of cognitive behavioral therapy. Please refer to the section “Pricing of the Services” for more information.
- We offer our services to all natural persons with full legal capacity, i.e. who are at least 18 years old and have not been placed under full or limited guardianship. By agreeing to these GTC, you confirm that you are acting either of legal age.
- Contracts you enter into are exclusively between you and Momsanity. The booking of chargeable services comes about only with the explicit confirmation of an order placed by you. In this respect, our offers in the app only constitute a proposal for placement of orders that require a subsequent explicit acceptance by Momsanity.
- The use of the app, however, requires that you agree to these terms and conditions for the entire use of our services.
- After agreeing with these GTC and making your registration, you shall fill in the online questionnaire for diagnosing mental states of burnout and active prevention, which is available on the website of Momsanity ………………………, as well as in the App. After completing the questionnaire by each consumer, we send a report on the answers and recommendations for improvement. The consumer periodically fills in the same or similar questionnaire again to track changes in his/her condition.
- In order to accurately diagnose mental states of burnout and their active follow-up prevention, the questionnaires referred to in the previous item may include the following information about the identity of the consumer:
a. Personal: name / nickname (for consumers who do not want to be identified we recommend the use of a pseudonymized ID); e-mail address (obligatory for subsequent communication and reporting of the results of the completed tests); age; marital status; whether you have children and how many; age of children; mental illness in the family; etc.
b. Behavioral: reading habits; sleeping; nutrition; alcohol consumption; smoking; sports; etc.
c. Professional: industry; position; presence of subordinates; satisfaction; associative thoughts
d. Psychological/mental: associative thinking; satisfaction.
- As a consumer you have a statutory right of cancellation with the conditions of the following provision.
- Cancellation right and Cancellation instructionsYou have the right to revoke this contract within fourteen days from the date of conclusion of the contract without giving reasons.
The revocation period is fourteen days from the date of conclusion of the contract. To exercise your right of cancellation, you shall present it at the following address: Momsanity Jsc.
47 “Bacho Kiro” Str.,
1202 Sofia, Bulgaria
Phone: ……………., e-mail: ………………….
by means of a clear declaration (e.g. a letter or e-mail) of your decision to revoke this contract. You may use the attached sample cancellation form, but this is not mandatory. In order to comply with the revocation period, it is sufficient that you send the notice of the exercise of the revocation right before the expiry of the fourteen-day revocation period.
- Consequences of the cancellation
If you cancel this Agreement, we will refund all payments we have received from you, including delivery costs (except for the additional costs resulting from you selecting a different type of delivery than the cheapest standard delivery offered by us), immediately and at the latest within fourteen days from the day we receive notice of your revocation of this contract. We will use the same means of payment for this refund as you used for the original transaction unless expressly agreed otherwise with you; in no case will you be charged any fees for this refund.
If you have requested that the services should begin during the revocation period, you shall pay us an amount corresponding to the price of the services already provided to you by the time you inform us of the exercise of the right of revocation in respect of this contract compared to the total scope of the services provided for in the contract.
The Consumer does not owe payment of indemnities or penalties upon termination of the contract under this Section.
- Sample cancellation form
If you want to exercise your right of cancellation of the contract, please fill out this form in and send it to us:
a. To Momsanity Jsc., UIC 206260843, 47 Bacho Kiro Str., 1202 Sofia, Bulgaria; e-mail: ………………….
b. I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service (*)
c. Ordered on (*)/received on (*)
d. Name of the consumer(s)
e. Address of the consumer(s)
f. Signature of the consumer(s) (only if communicated on paper)
(*) Delete as applicable.
- Basic services of Momsanity are generally free of charge for you. You only need to make a payment to use the premium part of the app. The applicable prices and conditions can be found in the current price overview in the app and are always displayed before you make a purchase.
- The payment is executed via the payment options of the respective App stores. The costs for booked chargeable services must be paid in advance and are due immediately after Momsanity has accepted the order. The costs are only debited within the scope of the payment option of the respective App store. If you have opted for a subscription plan within the paid part of the App, the amount will be debited periodically in advance. If you have chosen lifelong access, you will also be charged in advance and you will have access to the App’s offers for an unlimited period of time.
- In connection with the payment of our paid services by accepting these GTC, you agree that the banking and/or other financial information provided by you will be used for the automatic payment of the paid services provided by us. In addition, you agree to automatically withdraw the necessary amounts to pay for the Services provided by us from the specified banking and/or financial data.
- Momsanity shall not be liable for any costs in connection with fees, commissions or other additional payments made by the Consumer or his bank in connection with the transaction itself, as well as in cases of currency exchange applied by the bank that issued the card to the client in cases where the currency is different from BGN.
- You are responsible for maintaining the hardware and Internet access required to use our services.
- You shall not take any illegal actions and/or violate any applicable laws while using the Service, in particular:
- store, upload and/or transmit content that are:
- harassing, offensive, harmful to minors or otherwise illegal;
- violate the rights of third parties, in particular, copyrights, personal rights or other property rights;
- manipulated content;
- are confidential, e.g. other people’ s business secrets.
- use scraping or similar techniques to compile, use, republish or otherwise exploit content for any other purpose;
- use techniques or other automated services designed to misrepresent consumer activity, such as the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, play content, send messages, post comments or otherwise act;
- collect, store or transmit personal data about other consumers if those affected do not agree.
- store, upload and/or transmit content that are:
- Momsanity services may only be accessed using the App provided by Momsanity. You may not exploit or spy on Momsanity’s database using any other software.
- Our App and all related software, databases, graphics, consumer interfaces, designs and other content, designations, names and trademarks are protected by copyright, trademark and other intellectual property rights. Momsanity is the sole owner and beneficiary of all intellectual property rights over objects available or accessible in the App.
- Momsanity grants you the non-exclusive and non-transferable right to use the App and the Services offered therein in accordance with the terms and conditions and other applicable provisions. The right of use expires at the end of the contract period and can be limited or revoked by Momsanity (in relation to the free part of the App) at any time.
- The consumer is not entitled
- to make the App or his/her access to the App available to third parties, in particular, to rent, lend, reproduce, resell or otherwise distribute or pass it on;
- to use the App or the services to develop other services;
- modify, translate, duplicate, decompile, decompile, examine the source code of the App, except as permitted by law;
- remove, obscure or modify any legal notices, in particular with regard to intellectual property rights.
- You are allowed to use our Services in accordance with these GTC and to provide your relevant personal information and health data as well as photos made by you and texts about your personal condition to us (hereinafter altogether referred to as “content”). Momsanity does not review, endorse or claim ownership of such content. You authorize us to store and host the content for you.
- We use your contents in accordance with the contract within the scope of our services. By submitting and/or uploading your content, you grant us the non-exclusive, unlimited in location and time, but revocable right to use the content in our App and our Services in accordance with the contract, i.e., in particular, to save it, if necessary to further technical processing. In addition, we are entitled to analyze and/or statistically evaluate the content in anonymous form for the purpose of improving the use of the App.
- You guarantee to us that you own or have been provided with the right to use/licensed for all rights over the content and that the content and its use in connection with our Services does not violate these GTC and any legal provisions applicable and does not infringe any intellectual property rights or other rights of third parties. As far as other persons are recognizable on your photos, you guarantee and may be held liable for having obtained the consent necessary from these persons for the use in our Services.
- As far as our services include third parties’ contents of and links to online contents of third parties, only the respective providers are responsible for these. We cannot influence these contents, as well as we do not adopt them as our own and keep distanced from such contents of third parties.
- Even if Momsanity has no legal obligation to check the contents of consumers, we reserve the right to block or delete contents which contradict legal regulations or these GTC. Further rights remain unaffected.
- Momsanity commits to treat all information available to it in connection with the use of the App as strictly confidential.
- The app is provided with an annual availability of 95.00%. Excluded from the above availability are:
- the following maintenance windows:
- aa. Daily maintenance windows (esp. also for updates and upgrades) from 02:00 – 06:00 o’clock in the morning (UTC) and
- bb. announced maintenance windows, which are announced with a lead time of at least 2 working days, do not last longer than two hours each and do not exceed 6 hours per month;
- periods of unavailability due to circumstances beyond Momsanity’s control, including force majeure, and
- periods of unavailability caused by the Consumer.
- the following maintenance windows:
- Momsanity might also have to restrict access if the security of network operation, the maintenance of network integrity, in particular, the avoidance of serious disruptions to the network, the software or stored data require this; these times are also excluded from the calculation of availability under the previous item.
- The App may not be available worldwide. The availability may be restricted due to legal requirements in certain countries.
- We offer e-mail support (………………………….), which is available Monday to Friday from 10:00 – 18:00 (UTC). We try to answer as soon as possible but cannot guarantee a certain reaction time.
- Momsanity’s liability according to section XII remains unaffected.
- In case of intent and gross negligence of Momsanity, a legal representative or vicarious agent of Momsanity, Momsanity is liable according to the legal regulations. The same applies in the event of injury to life, body and health, in the event that Momsanity gives a guarantee or is liable under the legislation applicable.
- In case of material and financial damages caused by slight negligence by Momsanity, a legal representative or vicarious agents of Momsanity, Momsanity is only liable in case of violation of an essential contractual obligation, but the amount is limited to the damage foreseeable and typical for the contract at the time of conclusion of the contract. Essential contractual obligations are those which are necessary for the proper execution of a contract and whose compliance the contractual parties may regularly expect.
- Insofar as Momsanity provides services free of charge, Momsanity shall be liable in addition to its liability in accordance with the above section only in the case of damage caused by gross negligence or intentionally.
- The above exclusions and limitations of liability shall also apply with regard to the liability of Momsanity’s employees, workers, staff, representatives and vicarious agents, in particular in favor of the shareholders, staff, representatives, bodies and their members with regard to their personal liability.
- The contract between Momsanity and the consumer has an unlimited term. Temporary offers (e.g. monthly pass) automatically expire at the end of the specified period. Subscriptions (e.g. monthly or annual subscriptions) are automatically renewed after expiry for the original period if they are not canceled at the latest 24 hours before expiry.
- The consumer may cancel receival of free offers from Momsanity at any time. The consumer may cancel paid subscriptions with a notice period of 24 hours before the moment of termination of the subscription period desired. The consumer may cancel the subscription within the settings of the smartphone. Description for Apple devices can be found under the following link …………………………….. Description for Android devices can be found under the following link …………………………….
- The right of premature extraordinary termination of both parties remains unaffected. In particular, we reserve the right to temporarily block access in the event of suspected misuse or breach of contract and to terminate the contract (if possible and reasonable after prior warning) in the event of justified suspicion for infringement of the present GTC and/or of the legislation applicable.
- Changes to services: We reserve the right to change, restrict and discontinue the Services offered by us at any time unless this leads to unjustified violation of any Consumer rights. We also reserve the right to adapt or change the services if:
- the changes or adjustments are in favour of the Consumers; or
- b. the amendments or adjustments are necessary to bring it into conformity with applicable law, in particular if the applicable legal framework changes or to comply with a court judgment ; or
- if the changes or adaptations have no significant influence on the functions of the Services or of a purely technical or organizational nature.
- Changes to the GTC: We reserve the right to change our terms and conditions at any time, unless this contradicts with the interests of the consumer. In case of a change of the present GTC, we will promptly inform you about the changes. If you do not object within a term of 6 weeks and open the app again, the amended GTC shall be deemed tacitly accepted with effect for the future and shall become an integral part of the contract at the time it takes effect. For each individual case, we will explicitly draw your attention to the consequences of tacitness and the importance of the six-week period for acquaintance and waiver of the GTC changed.
- We also reserve the right to adapt or amend the GTC insofar, as:
- the changes or adjustments are in favour of the Consumers registered, or
- the changes or adjustments are necessary to bring them into conformity with applicable law, in particular if the current legal framework is amended, or to comply with a court ruling or an administrative decision,
- if the changes or adaptations have no significant influence on the functions of the services or are of a purely technical or organizational nature, or
- Momsanity adds additional, completely new services or achievements, which require a description in the GTC, unless this would be disadvantageous for the current use relationship.
- This contract is exclusively subject to the legislation of the Republic of Bulgaria and the international private law regulations applicable.
- Should individual provisions of these GTC is or becomes void in whole or in part, the remaining provisions of these GTC shall remain valid. In the event of such invalidity, the invalid provision shall be replaced by the statutory provision.
- Information on dispute resolution:
For the cases not settled in the present GTC, the provisions of the legislation into force shall apply. In case of a dispute, the parties are obliged, after exhausting all out-of-court means for resolving the dispute, to turn to the competent court in the Republic of Bulgaria.