General Terms and Conditions (EU and non-US countries)
These General Terms and Conditions (hereinafter referred to as the "GTC") apply to all services of Kaia Health Software GmbH, Siegfriedstrasse 8, 80803 Munich (hereinafter referred to as "Kaia") that are purchased by the customer from the website www.kaiahealth.com, or other services such as telephone consultations, the mobile app, e-mails, chats or Skype conversations obtained from Kaia.
Any agreements deviating from the GTC shall require text form, as does a waiver of the text form requirement.
Effectiveness of the agreement
In order for the customer to purchase services offered by Kaia, including non-binding and free trial subscriptions, they must log in with a user profile. Registration is required for this purpose.
In order to create a user profile, the customer must be at least 18 years of age, legally competent without restrictions and not under the supervision of a custodian, unless verification of legally valid representation is actively provided. This requirement can be waived in individual cases if the customer is over 16 years of age with the consent of a custodian, following consultation with Kaia.
There shall be no legal claim to receive any services from Kaia, and Kaia is entitled to deny registration without providing grounds.
The contractual relationship between the customer and Kaia shall only come into being based on the acceptance of these GTC, which is required to utilize services offered by Kaia.
Kaia reserves the right to agree to supplementary or deviating conditions for individual services.
Services by Kaia
Details for the services to be performed for the customer by Kaia are provided in the individual performance specifications for the individual subscriptions and/or services booked by the customer. You will receive the performance specifications, including these GTC, in the version valid at the time of registration or at the time the contract is concluded in the form of a document when you begin your subscription or make a binding booking for a specific service. Please store this document for your long-term use.
The comprehensive training program to treat back pain offered by Kaia is an online-based, CE certified Class I medical device according to the Medical Device Directive 93/42/EWG, and fulfills the regulatory requirements of the Medical Product Law.
All services offered by Kaia, however, should not be considered medical or physician advice, nor psychotherapy. They also should not be considered a replacement for an examination or treatment by a physician or therapist, although they can support such services.
Payment conditions and payment methods
Prices and fees
All prices listed on the website http://www.kaiahealth.com/pricing and in the individual performance specification do not include any applicable statutory VAT.
The fee is collected in advance at the time of the booking for the minimum term when the customer purchases a subscription or individual services. If a subscription is automatically extended, or in case of recurring services, the fee shall be charged for the relevant extension period and collected in advance at the start of each extension period.
Kaia accepts the following payment methods:
- Credit card
Vouchers can be redeemed during the booking by entering the relevant voucher code.
Kaia reserves the right not to offer certain payment methods for every purchase, and to require other payment methods, if it has good cause to do so.
Default of payment / insufficient account balance
If Kaia incurs any costs and/or expenses because a payment is denied and the customer is culpable for this (e.g. because the account does not have a sufficient balance or the credit card limit has already been reached), Kaia is entitled to invoice the customer for the costs and/or expenses incurred in their actual amount.
Kaia reserves the right to assert further claims if the customer falls into default of payment.
Subscription and term
Please refer to the individual performance specifications for the individual subscriptions and/or services booked by the customer for specific terms. These will be provided to the customer according to point 3.
Use of Kaia services shall begin with a free and non-binding trial subscription for 7 days from when the user profile is created (registration) and when the user agrees to use the free, non-binding trial subscription.
Trial subscription (automatic mandatory subscription for customers outside of Germany)
For customers within Germany, the trial subscription shall not be extended automatically and shall therefore not be transferred into a paid subscription. It is not necessary to cancel the trial subscription. If the customer wants to continue using the services of Kaia beyond the term of the trial subscription, they must expressly conclude a paid subscription. To do so, they must select a specific subscription in the app and authorize the payment process.
For customers outside of Germany, the trial subscription shall automatically be transferred into a paid subscription after 7 days, unless the customer terminates their subscription with Kaia first. The subscription can be terminated with Kaia through the usual Apple process (for iOS users) and in the Kaia app (for Android users).
Please also see the cancellation policy below under point 10 "Right of revocation."
If the customer expressly decides to purchase a paid subscription after or during the trial training period ( within Germany), or if the trial subscription is automatically transferred to a paid subscription ( outside of Germany), then the payment method provided by the customer shall be automatically charged fees as described under point 3 "Payment conditions and payment methods" for the respective booked time frame (typically monthly).
The paid subscription has a basic term of 1 (one) month, and shall be extended automatically for each additional month until the customer cancels the subscription. Cancellation shall be active at the next possible date, depending on the type of subscription, as defined by Apple (for iOS users) and Kaia (for Android users), with a notice period of one day to the end of the month. This applies both to customers within and outside of Germany.
Payment for automatic extension of the paid subscription
If the subscription is automatically extended in this manner, or in case of other recurring services, the customer hereby already expressly entitles Kaia in advance (without requiring further approval by the customer in question) to collect the payment at the start of the respective extension period using the payment method preferred by the customer (point 4). If it is not possible to collect the fee owed by the customer for any reason, the customer hereby undertakes to pay the fee (likewise exclusively using one of the payment methods indicated under point 4) within 2 (two) weeks from the original payment request by Kaia.
Right of termination for good cause
The statutory right of termination for good cause by the customer or Kaia continues to apply. For Kaia, good cause shall exist in particular if the customer does not fulfill the requirements listed under point 6. Good cause shall also exist if the customer violates its obligations under point 8 and does not cease its violations within a reasonable time period despite a request to do so by the provider, or does not correct the interfering condition, or repeats a violation objected to by Kaia.
Persons excluded from receiving services from Kaia
Persons who are not yet 16 years of age are excluded from using the company's services. Persons who are not yet 18 years of age require consent from a legal custodian to use the company's services.
If the customer believes they have symptoms of a cardiovascular system, respiratory and/or musculoskeletal system disorder, they must see a doctor before using any services offered by Kaia, to exclude any risks of their participation. In general, pay attention to your body's signals: if an exercise causes pain or general discomfort, do not complete it.
Participation is excluded, in any case, if the customer suffers from one or more of the following illnesses and/or has been diagnosed with such illnesses by a doctor or therapist, and/or if such illnesses are suspected by a doctor or therapist.
- Severe trauma, such as from a car accident or fall from a great height, sports accident
- Minor injury (such as coughing, sneezing or heavy lifting in case of older patients or patients who may have osteoporosis)
- Systematic steroid therapy
- Old age
- History of tumors
- General symptoms: weight loss, lack of appetite, unusual fatigue
- Pain which increases upon lying down
- Strong nighttime pain
- General symptoms, like recent fever or chills, loss of appetite, unusual fatigue
- Past bacterial infection
- Past drug abuse
- Consuming underlying illnesses
- Recent infiltration treatment of the spine
- Strong nighttime pain
Radiculopathy / neuropathy
- Radiating pain in one or both legs, possibly in conjunction with a decrease in sensation, such as feelings of deafness or a tingling sensation in the painful area, or a feeling of weakness
- Cauda equina syndrome: sudden bladder/rectal dysfunction, such as urinary retention, increased urination, incontinence or perianal/perineal loss of feeling
- Pronounced or increasing neurological deficit (paralysis, lack of sensitivity) in the lower extremities
- Reduction in pain and increase in paralysis up to complete loss of function in an indicating muscle (nerve root death) Contractual conclusion
Performance of services
Kaia works continuously to ensure its services are performed properly, however it accepts no reliability or liability for the uninterrupted availability of internet, mobile app, telephone, Skype and e-mail services, or all other program services or their individual functions, in particular not for delays, interruptions and downtimes due to technical reasons. The customer shall not be entitled to any claims for such reasons.
With respect to appointments set by the customer and Kaia for telephone, chat or Skype consulting, in case of insurmountable obstacles, in particular but not limited to technical or personnel-related difficulties and/or shortfalls, Kaia expressly reserves the right to delay and/or cancel such appointments. In such cases, appointments may be canceled 1 hour before they are scheduled. The customer shall not be entitled to any claims due to such a cancellation and/or delay of the agreed appointment by Kaia.
If the customer wants to delay or cancel an appointment made with Kaia for telephone, chat or Skype consulting, they must inform Kaia of this 24 (twenty-four) hours before the appointment using the relevant form on the website www.kaiahealth.com, or in the mobile app, or in any other form Kaia indicates to the customer in question. Otherwise, the customer shall pay the full price for the agreed service.
Obligations of the customer
The customer hereby undertakes to keep their login details for their user profile, in particular but not exclusively their login password, confidential and to protect such details from access by third parties. The customer shall likewise neither tolerate nor facilitate third parties gaining access to such details. If the password is misused or lost, or if they suspect that it has been misused or lost, the customer must inform Kaia of this promptly.
Providing correct data
The customer is obligated to provide correct, complete and truthful information for all of the data requested by Kaia while registering the customer profile and while booking individual program services.
No commercial use
Kaia is intended exclusively for consumers. The contents of services offered by Kaia and the information on the website www.kaiahealth.com may only be used for personal purposes, and may not be used for commercial purposes nor duplicated. Transmitting such content is prohibited without the express approval of Kaia in text form.
Proper care and reporting obligation
For their own safety, customers must complete the exercises shown by Kaia with the proper care, and according to Kaia's instructions.
The customer is obligated to report all medical conditions, illnesses, physical characteristics, etc. to Kaia that are anyway contradictory to and/or not in accordance with the exercises shown by Kaia. If the exercise shown by Kaia includes movements that a physician or therapist has ordered the customer not to carry out, the customer is also obligated to report this to Kaia.
If instructions are provided by Kaia as part of its services (for instance for certain exercises), these instructions must be observed to avoid injuries and/or health risks.
Kaia shall be liable without restriction for damages due to an injury to life, body or health. Kaia shall only be liable for other damages if Kaia, its legal representatives or its agents violate a significant contractual obligation (an obligation that must be fulfilled for the contract to be properly carried out, whose violation endangers achievement of the contractual purpose and in whose fulfillment the user should regularly be able to trust, called a "cardinal obligation") or if the damage was caused by gross negligence or intentional action by Kaia, its statutory representatives or agents.
If a culpable violation of a significant contractual obligation (cardinal obligation) was not carried out in a grossly negligent or intentional manner, Kaia's liability shall be limited to the damages that could reasonably be foreseen by Kaia at the time the contract was concluded.
The limitations of liability in sections 8 b) and 8 c) shall apply to both contractual and extra-contractual claims, and shall apply to both the statutory representatives and agents of Kaia if claims are made directly against them.
Liability under the law, including the Product Liability Act, shall remain unaffected by the above regulations in every case.
Right of withdrawal
The customer shall have the following right to withdraw when concluding a usage agreement or a contract for a one-time additional service or subscription.
The customer has the right to withdraw the contract within fourteen days without providing grounds. The withdrawal period shall be fourteen days from the date on which the contract was concluded.
The withdrawal must be addressed to:Kaia Health Software GmbH
Siegfriedstrasse 8, 80803 Munich
with a clear declaration (e.g. a letter sent by mail, fax or e-mail) stating their decision to withdraw the contract. The enclosed sample withdrawal form may be used, although this is not required.
Consequences of withdrawal
If the customer withdraws the contract, all payments received from the customer, including delivery costs (with the exception of additional costs due to a different kind of delivery being selected than the least expensive standard delivery offered), shall be refunded promptly, and at the latest within fourteen days from the date on which Kaia received the notice of withdrawal notice. The same payment method shall be used for this repayment that the customer used in the original transaction, unless otherwise expressly agreed with the customer; in no case shall the customer be charged any fees related to the repayment.
If the customer has requested that the services should begin during the withdrawal period, they must pay Kaia an appropriate amount representing the percentage owed up to the time at which the customer informed Kaia they would be exercising their right to revoke this contract, from the total scope of services set forth in the contract.
Premature lapse of the right of revocation
According to Sec. 356 para. 5 BGB (German Civil Code), the right of withdrawal shall lapse prematurely for a contract for the delivery of digital content not on a physical data storage media, if the company has begun executing the contract, after the customer
- has expressly agreed that the company may begin executing the contract before the end of the withdrawal period and
- the customer has confirmed they are aware that they will lose their right of withdrawal if they agree to the start of execution for the contract.
Sample withdrawal form
The following form can be used for the withdrawal:
I/we (*) hereby withdraw the contract concluded by me/us (*) for purchase of the following goods (*)/performance of the following services (*)
ordered/received on (*)
Name of the consumer(s)
The form should be delivered in writing or by e-mail to the following address:
Kaia Health Software GmbH
Siegfriedstrasse 8, 80803 Munich
In addition to these GTC, the Kaia "Data protection provisions" also apply, which the customer can access at any time through the Kaia website https://www.kaiahealth.com/terms/privacy.
All texts, software, images, graphics, videos, audio files, etc. provided on these pages, the Kaia mobile app, Kaia e-mails, during chat, Skype and telephone consulting by Kaia and in relation to all other services provided by Kaia are copyright protected. Any unauthorized use of such materials shall require express approval by Kaia in writing.
Kaia reserves the right to amend and adapt these GTC at any time without providing grounds, with future effect.
The amended GTC shall be sent to the customer in advance, to the last e-mail address provided by the customer in their user profile, or posted in a notification on the website. If the user does not object to the amended GTC within 2 (two) weeks, they shall be considered accepted and the amended GTC shall go into effect. The date on which the objection is sent is considered decisive for complying with this term.
If the contract is revoked within the term, Kaia can terminate the contractual relationship with the customer without notice, whereby payments already made shall be reimbursed on a pro rata temporis basis in relation to the remaining term. If Kaia does not terminate the prior contractual relationship following an effective revocation, the previous GTC shall continue to apply without change with that customer.
Applicable law and place of jurisdiction
The laws of the Federal Republic of Germany shall apply, excluding the UN Sales Convention. If the customer has submitted the order as a consumer, and their habitual residence was in another country at the time the order was placed, the legal regulations of this country shall continue to apply, regardless of the choice of law in clause 1.
If the customer is a merchant and is domiciled in Germany at the time of the order, the exclusive place of jurisdiction shall be the domicile of Kaia in Munich. Otherwise, the applicable statutory provisions apply to determine the local and international jurisdiction.
If any provision of this contract is invalid or unenforceable or becomes invalid or unenforceable after the contract is concluded, this shall not affect the validity of the remainder of the contract. A valid or enforceable regulation with an effect coming as close as possible to the economic goal Kaia and the customer intended to achieve with the invalid or unenforceable provision shall take the place of the invalid or unenforceable provision. The above provisions shall apply accordingly to any gaps.