General Terms & Conditions

Stand: 26.03.2021

IMPORTANT NOTE: The German version of this document will govern our relationship – this translated version is provided for convenience only and will not be interpreted to modify the German version. For the German version, please see the German General Terms & Conditions (AGB’s).

1. Scope of application

1.1 Seneration GmbH (hereinafter referred to as Seneration) offers the online coaching service onesome (the Service) via the websites it operates under the URLs seneration.de and onesome.de as a browser application or as a mobile application accessible via the websites and app stores (the App). These Terms of Use are provided by Seneration and apply to all contracts for services provided by Seneration that are concluded between Seneration and its users.

1.2 Seneration distinguishes between customers of Seneration and users of the Service. Customers are contractual partners of Seneration who have entered a fee-based contract with Seneration for the use of certain services of Seneration by the employees of the customer and the customer itself. The employees authorized to use the services are users of the service, but not customers of Seneration. The customers are exclusively entrepreneurs according to § 14 BGB.

1.3 These terms of use constitute all agreements made between Seneration and the user. If the user is also Seneration’s customer with whom the contract for the provision of the service for a fee has been concluded, Seneration’s binding offer and the customer’s acceptance of the offer must still be observed.

1.4 The following Terms of Use govern the use of the Service by registered and logged-in users. The currently valid version shall apply.

1.5 Deviating contractual and business terms of the user do not become subject matter of the contract. These are not accepted even if Seneration does not expressly object to them.

1.6 The Service is a supportive application only. The Service does not constitute medical or psychotherapeutic advice, diagnosis or treatment, nor is it suitable or intended to replace such advice, diagnosis or treatment.

1.7 Users of the Service must be of legal age. Users under the age of 18 are excluded from registering for and using the Service.

2 Contact and conclusion of contract

2.1 The presentation of Seneration’s services on the websites under the URLs seneration.com and onesome.de does not constitute a binding offer to conclude a contract, but merely serves as an overview of Seneration’s services.

2.2 A contact form for potential customers of Seneration is provided on the websites. Through this contact form, customers and prospective customers can leave a request for contact. An employee of Seneration will contact the customer by e-mail or telephone (at the customer’s choice) and discuss the necessary information for the preparation of an offer with the customer. This will include, in particular, the number of desired users that the Customer wishes to arrange with Seneration for use of the Service.

2.3 After discussing the required information with the customer, Seneration sends the customer a binding offer by e-mail to the e-mail address provided by the customer when contacting Seneration regarding the services requested by the customer and discussed with Seneration, which the customer can accept by e-mail after checking the data specified therein. Subsequently, the customer receives an e-mail confirming the contract, in which the content of the contract is reproduced.

3. Description of the service

The service consists of a web application that provides the user with self-organized personal coaching and further development. The user is guided through various topics of personal development in an automated and individualized way and is led to self-reflection and self-knowledge on the basis of questions. Findings are recorded and are available to the user in his user profile. The user can register for use in the application.

4. Remuneration

The provision of the Service is subject to a fee for the Customer. There are no costs for the use of the Service for the User (apart from any transmission costs incurred in connection with the User’s mobile phone contract or Internet usage contract). If the User makes use of additional chargeable services offered within the web application, any costs arising from this shall be borne by the User himself.

5.2 Only one registration per user is possible. Multiple registrations are not permitted. In particular, registration is not permitted if an existing user account has already been blocked or deleted by Seneration.

5.4 The requested mandatory information must be provided completely and correctly during registration. Registration with inaccurate or incomplete information is not permitted.

5.5 The prerequisite for registration as a user is that users are at least 18 years old. Minors are excluded from registration as users.

5.6 When registering, users must provide a valid e-mail address and their full name and password. Additional mandatory information is marked with an asterisk (*) during registration.  The user has the option to upload a profile photo of himself in his user account after successful registration and setup of the user account.

5.7 Seneration is entitled to decide against the creation of a user account after registration. Seneration is also entitled to block an existing user account in the event of violations of these Terms of Use, and in the event of serious violations also to delete it irrevocably. This applies in particular if the user intentionally provides false information during registration or violates his or her obligations pursuant to Section 7. If Seneration sets up the user account, a user contract is concluded with the user.

5.8 Passing on the password to third parties is not permitted. The user himself is responsible for protecting his access data and passwords from access by third parties. Seneration assumes no liability in the event of unauthorized access by third parties. The user must notify Seneration immediately of any access by third parties or other misuse of his login data and change his password. Seneration is entitled, but not obligated, to immediately block the affected access or to take other appropriate measures.

6. Obligations of the user

6.1 The user undertakes to observe applicable law (e.g. criminal, competition and youth protection law) when creating and using his own content and not to violate any rights of third parties (e.g. name, trademark, copyright and data protection rights).

6.2 The User undertakes to Seneration that any content posted by the User on the Service will not violate applicable law or morality, neither by its content nor by its form. The same applies to the setting of external links. In particular, it is not permitted to disseminate content that is

• racism
• glorification of violence and extremism of any kind
• calls and incitements to criminal acts and violations of the law, threats against life, limb or property
• incitement against persons or companies
• statements that violate personal rights, slander, defamation and defamation of users and third parties as well as violations of the law of fair trading
• copyright infringing content or other infringements of intellectual property rights
• sexual harassment of users and third parties
  pornography
• offensive, sexist, obscene, vulgar, hateful or objectionable material or language

depict, concern or contain.

6.3 Content protected by copyright may only be included verbatim in contributions without the consent of the respective rights holder within the scope of the applicable quotation law. Quotations are to be marked by highlighting using the quotation function and indicating the source.

6.4 The user may only use the Service for private purposes and may not advertise for himself or third parties. This means in particular that the user may not use messages with advertising content without the consent of Seneration and the recipient (in particular: spam messages).

6.5 The User must refrain from any activity that is likely to impair and/or place an excessive load on the Service or the technical infrastructure behind it. This includes in particular:

• the use of software, scripts or databases in connection with the use of the service;
• the automatic reading, blocking, overwriting, modifying, copying of data and/or other content, unless this is necessary for the proper use of the Service.

7. Liability

7.1 Seneration is liable to users in all cases of contractual and non-contractual liability in the event of intent and gross negligence in accordance with the statutory provisions.

7.2 In other cases, Seneration is liable, unless otherwise stipulated in section 7.3, only in the event of a breach of a contractual obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the user may regularly rely (cardinal obligations), and limited to compensation for typically foreseeable damage. In all other cases, Seneration’s liability is excluded subject to section 7.3.

7.3 Seneration’s liability for damages resulting from injury to life, body or health and under the Product Liability Act shall remain unaffected by the above limitations and exclusions of liability.

8. Contract duration/termination

8.1 The contract for use of the Service shall run for an indefinite period and may be terminated by the User at any time without notice and without stating reasons. The usage contract with the User shall end if the underlying contract with the Customer is terminated or the User leaves the Customer’s company. Alternatively, in this case the user has the option to take over the underlying contract with the customer, whereby the remuneration obligation is now also transferred from the previous customer to the user, or to have it transferred to his new employer if the latter is expressly prepared to do so and assumes the remuneration obligation.

8.2 In addition and beyond this, the right of the Parties to terminate the User Agreement by extraordinary termination for good cause shall remain unaffected.

8.3 Seneration has good cause to terminate the user agreement if the user persistently violates his obligations under these Terms of Use.

9. Final provisions

9.1 Seneration is entitled to amend these Terms of Use at any time by giving reasonable notice. The notification will be made by sending the new Terms of Use to the e-mail address provided by the user during registration. If the user does not object to the validity of the new Terms of Use within 30 days after receipt of the notification e-mail, the new Terms of Use shall be deemed agreed. Seneration will separately inform the user of the significance of the objection period and the consequences of failure to object in the notification e-mail.

9.2 In the event that one or more provisions of these Terms of Use are invalid, the remaining provisions shall remain unaffected.

9.3 These terms of use shall be governed by the laws of the Federal Republic of Germany.

10. Information on online dispute resolution pursuant to Article 14 (1) ODR Regulation and consumer dispute resolution

The EU Commission provides a platform for online dispute resolution (OS platform) of consumer disputes arising from online sales contracts and online service contracts. You can reach this platform on the Internet at:

http://ec.europa.eu/consumers/odr/.  

Seneration does not participate in dispute resolution proceedings before a consumer arbitration board.