General terms and conditions

GENERAL TERMS AND CONDITIONS Greenhabit BV – Consumers

Version: V02-NL

Applicable to consumers using the Greenhabit app and programs.

1. Definitions
   • Greenhabit: Greenhabit B.V., contractor and provider of the digital intervention, application and programs.
   • Participant/Consumer: Natural person not acting in the exercise of a profession or business who enters into an agreement with Greenhabit.
   • Service: Use of the Greenhabit app, the program, content, assignments and other digital functionalities.
   • App: The software application “Greenhabit,” available in the Apple App Store and Google Play Store.

2. Applicability
   • These terms apply to all agreements consumers enter into with Greenhabit for the use of the app and programs.
   • By registering in the app or on the website, Participant agrees to these terms and conditions.
   • If any provision is invalid, other provisions remain in full force and effect.

3. Establishment of the agreement
   • The agreement is established once Participant completes registration and agrees to these terms and conditions.
   • The agreement is for the duration of the chosen program, unless otherwise agreed upon.

4. Right of withdrawal (Legal cooling-off period).
   • The Participant has the right to dissolve the agreement within 14 days of its formation without giving reasons.
   • If the Participant requests direct access to the digital content during the withdrawal period and expressly agrees to immediate delivery of the service, the Participant acknowledges that the right of withdrawal expires once the service has begun.
   • Greenhabit clearly informs the Participant in advance about the loss of the right of withdrawal. By placing the order, checking the consent form and starting the program, the Participant declares to have received this information and agrees to it.
   • Refunds will be made within 14 days of receipt of the cancellation notice.

5. Duration, cancellation and termination
   • The agreement runs until the end of the program chosen by the Participant.
   • The Participant cannot terminate the agreement prematurely with a claim to a refund, unless the statutory right of withdrawal still applies. Once the Participant has accessed the digital content or started the program, the service is deemed to have been provided and the right to a refund lapses.
   • If the Participant does not use the service or uses it only partially, this will not result in a refund or an extension of the program’s duration.
   • Greenhabit may suspend or terminate access to the app or program for abuse, non-payment, violation of these Terms or actions that may cause harm to Greenhabit or other users.

6. Using the app
   • The app is intended for personal, non-commercial use only. Participant may not use the app in a manner that disrupts the operation of the app, harms Greenhabit or other users, or violates laws and regulations.
   • Participant is not permitted to:
     • post inappropriate, offensive, discriminatory, misleading or harmful content;
     • make medical or health claims or give advice to other users;
     • share copyrighted material for which there is no permission;
     • use the app for commercial or promotional purposes;
     • bypass or manipulate the security or technical operation of the app.
   • Greenhabit can take measures for violation of these terms and conditions, including removing content, limiting functions or (temporarily) blocking the account. The measure taken depends on the nature and severity of the violation.
   • Participant must provide accurate and current information when creating an account and is responsible for keeping login information confidential.
   • The Participant’s account is personal and may not be shared with or transferred to third parties.
   • Participant may delete the account at any time. Removing the account does not result in a refund of already paid fees and terminates access to the app and the program. Deletion of personal data takes place as described in article “Processing of personal data”.

7. Moderation and notification procedure (Digital Services Act).
   • Participant may report inappropriate, harmful or abusive content through the in-app reporting feature or at support@greenhabit.eu. Greenhabit will review reports within a reasonable period of time.
   • When Greenhabit takes measures with respect to posted content or the account of a Participant, such as removing content, limiting functions or (temporarily) blocking the account, the Participant will be notified. This will indicate which measure has been taken, for what reason and based on which provision of these Terms and Conditions or applicable law.
   • Participant may object within 14 days of receiving a moderation decision through the specified procedure. Greenhabit reviews objections again, by an employee, and informs Participant of the outcome and rationale.
   • Notifications should not be abused. Repeatedly making unjustified or malicious reports may result in limiting features or blocking the account.
   • Greenhabit does not actively monitor all content posted by Participants, but reserves the right to remove content or take action when necessary for security, legal compliance or protection of other Participants.

8. Health and medical disclaimer
   • The app, program and all associated content are of a general informational and motivational nature and are not a substitute for medical advice, diagnosis or treatment from a physician, psychologist, physical therapist, dietitian or other healthcare professional.
   • Participant remains responsible for assessing whether participation in the program is appropriate for his or her personal situation. Participant should consult a physician for medical complaints, injuries, psychological problems, allergies, eating disorders, pregnancy or other health problems that may affect participation in the program.
   • Advice, assignments and suggestions within the app are not intended as medical instructions. Performing physical assignments, adjusting dietary patterns or applying lifestyle modifications is done entirely on the Participant’s own responsibility.
   • Certain assignments or reflections may be emotionally taxing. Participant should seek professional help when assignments evoke emotions that Participant cannot process independently.
   • Greenhabit does not perform medical procedures and does not qualify as a healthcare provider within the meaning of the Care Quality, Complaints and Disputes Act (Wkkgz). The service is not part of a medical treatment program.
   • Greenhabit will not be liable for any physical or mental harm resulting from following commands or suggestions within the app, unless there is intent or gross negligence on the part of Greenhabit.
   • Results may vary from user to user. Greenhabit makes no guarantees about achieving specific health goals or outcomes.

9. Technology, availability and security
   • Participant is responsible for the device, operating system and internet connection required to use the app. Participant must ensure that the operating system and app are up to date.
   • Greenhabit strives for good availability of the app, but does not guarantee that the app will function without interruption, errors or failures at all times. Among other things, internet connection failures, operating system updates, technical problems at suppliers or hosting partners and other circumstances beyond Greenhabit’s influence may affect the operation of the app.
   • Greenhabit is not liable for damages resulting from temporary unavailability of the app, loss of data or failure of the app to function (properly), unless there is intent or gross negligence on the part of Greenhabit.
   • Security incidents involving personal data will be reported by Greenhabit to the competent authorities and data subjects to the extent required by law under the AVG.
   • Participant is responsible for adequately securing his or her own device, including using a password and keeping security settings up-to-date.
   • Greenhabit is under no obligation to recover lost data if such loss occurred due to circumstances beyond its control, including third-party failures or problems with the Participant’s device.

10. Force majeure
    • Greenhabit is not liable for not or not timely performance of the service when this is the result of force majeure. Force majeure exists in any circumstance beyond Greenhabit’s reasonable control, which makes performance of the agreement wholly or partially impossible. Force majeure also includes circumstances that by their nature were not reasonably foreseeable at the time the agreement was concluded.
    • Force majeure includes in any case, but is not limited to: failures in Internet or telecommunications connections, failure of systems or services of third parties on which Greenhabit depends (such as appstores, hosting or cloud providers), cyber attacks from outside, government measures, natural phenomena and other situations in which Greenhabit cannot reasonably continue the service.
    • In case of temporary force majeure, the performance of the service will be suspended for the duration of the force majeure situation. If the force majeure situation lasts longer than can reasonably be expected, Greenhabit can terminate all or part of the Agreement without being liable for compensation.
    • If the force majeure situation lasts so long that the Participant cannot reasonably be required to continue the agreement, the Participant may terminate the agreement. In that case, there will be no refund for parts of the service already delivered or used.

11. Intellectual property rights
    • All intellectual property rights related to the app, software, content, program, design, text, images, videos, audio, exercises, assignments and other materials belong exclusively to Greenhabit or its licensors.
    • Participant obtains only a personal, limited, non-transferable and non-sublicensable right to use the app and content for personal purposes during the duration of the program. All other usage rights are expressly reserved.
    • Participant is not permitted to:
      • copy, reproduce, distribute, disclose or otherwise duplicate the app or any part thereof;
      • share screenshots, video recordings or portions of the app via social media, messaging apps or other platforms, unless Greenhabit has given explicit permission;
      • use the app or associated content for commercial purposes, coaching, training, workshops, education or other business activities;
      • decompile, reverse engineer, modify or attempt to access the app or software source code;
      • Use the app’s content to train artificial intelligence, algorithms or other automated systems.
    • Any improvements, suggestions or feedback from the Participant may be used by Greenhabit without any compensation.
    • Upon violation of this section, Participant shall be liable for all damages incurred by Greenhabit, including costs of discovery, legal fees and lost license revenue.

12. Processing of personal data
    • Greenhabit is the controller for the processing of personal data of Participants. Greenhabit processes personal data only in accordance with the General Data Protection Regulation (AVG) and as described in the applicable privacy policy.
    • Among other things, Greenhabit processes the following categories of personal data: account information, login information, device technical data, app usage data, progress data within the program, reflections and answers entered by the Participant, and other data necessary for the performance of the service. To the extent this data contains health-related information, it will only be processed with the consent of the Participant.
    • Personal data is used for providing the service, improving the app, providing motivational feedback, securing the service and supporting the Participant in using the program. To this end, Greenhabit may use automated analysis or limited forms of profiling to tailor the content of the app to the behavior and progress of the Participant.
    • Greenhabit does not sell personal data to third parties and shares personal data only when necessary to perform the service, or when there is a legal obligation to do so.
    • Participant has the right to access, correction, deletion, restriction of processing, portability of data and withdrawal of consent. Requests can be made using the contact information in the privacy policy.
    • Participant must notify Greenhabit immediately in case of loss, theft or possible misuse of login credentials or the account, so that appropriate security measures can be taken.
    • Personal data will be retained for as long as necessary to perform the service or as long as required by law. After account termination, personal data will be deleted or anonymized within a reasonable period of time, unless otherwise required by law.
    • In case of complaints about the processing of personal data, Participant can contact Greenhabit or file a complaint with the Personal Data Authority.

13. Liability
    • To the extent permitted by law, Greenhabit is not liable for damages resulting from the use of the app, the program or its content. Greenhabit is in no case liable for indirect damage, consequential damage, immaterial damage, loss of profits, loss of data or damage caused by the Participant applying commands, advice or suggestions within the app in a manner unsuitable for him or her.
    • Greenhabit is not liable for damages resulting from technical problems, malfunctions, delays, incorrectly displayed data, failure of Internet or telecommunications connections, or errors of third parties on which Greenhabit depends, such as appstores, hosting providers or providers of connected devices or applications (such as smartwatches).
    • Greenhabit does not guarantee any specific results from participation in the program. Any improvements in health, behavior or well-being may vary from person to person and depend on personal commitment and circumstances.
    • If, despite the above, Greenhabit should be liable for any damages, such liability shall be limited to the amount the Participant paid for the service in the twelve months preceding the occurrence of the damages, unless there is intent or gross negligence on the part of Greenhabit.
    • Nothing in these terms and conditions limits the Participant’s legal rights under consumer law.

14. Changes to terms and conditions
    • Greenhabit may modify these terms when necessary to improve the service, implement changes in legislation, ensure security or other justified reasons. In that case, the amended terms will be announced via the app or website at least 30 days before the effective date.
    • If a change results in a material deterioration of the Participant’s position, the Participant has the right to terminate the agreement before the effective date of the change. Changes that do not materially affect the use of the service, or are required by laws and regulations, do not entitle the Participant to terminate the agreement.
    • By continuing to use the app after the amended terms and conditions become effective, the Participant accepts the new terms and conditions.
    • Previous versions of these terms are retained by Greenhabit and are available upon request.

15. Applicable law and disputes
    • Dutch law is applicable to these terms and conditions and to the agreement between Participant and Greenhabit. If the Participant resides in another EU country, the Participant is also protected by the mandatory provisions of the law of the country where the Participant resides.
    • Disputes may be submitted to the competent court in the district of ‘s-Hertogenbosch. In addition, Participant always has the right to submit a dispute to the court that has jurisdiction under the law.
    • Complaints about the service can be filed at support@greenhabit.eu of Greenhabit. If a dispute is not resolved by mutual agreement, Participant can turn to the European online dispute resolution platform (ODR): https://ec.europa.eu/consumers/odr/. Participation in the ODR platform is voluntary for Greenhabit. Greenhabit is not obliged to appear in an ODR procedure.