Terms of use

Part A: For everyone

§ 1 Who operates the platform

1. The platform onlineberatung.digital is operated by Heiner Fischer, Männerberatung & Prävention, Vom-Bruck-Platz 30, 47805 Krefeld, Germany, email hallo@heinerfischer.de (the “operator”).
2. These terms apply to the website onlineberatung.digital, to the areas after signing in and to the “Beratungsraum” app for iPhone and iPad.

§ 2 What the platform is

1. The platform is a tool for counselling. Counselling centres, practices and their staff present themselves in the directory, offer appointments and counsel people seeking support in a protected room with messages, appointments, video and a whiteboard. They also keep case notes for in-person counselling there.
2. The counselling is provided by the centres and their staff. They are responsible for it. The operator provides the technology. The operator is not a party to the counselling agreement and does not see any counselling content.
3. Where the operator counsels on the platform himself (own practice), he acts as a centre under Part B.
4. Counselling on the platform is not psychotherapy and not medical treatment. It does not replace treatment by a doctor or psychotherapist.
5. The platform is not an emergency service. Messages are not read around the clock. Where to get immediate help in a crisis is set out in § 30.

§ 3 Terms used

§ 4 Data protection

Which data the platform processes is set out in the privacy notice. The centre is responsible for the data of a counselling. The operator processes it on the centre’s behalf under the data processing agreement (AVV, German only). The operator is responsible himself for the website, the directory, the staff accounts and invoicing.

Part B: For counselling centres, practices and their staff

§ 5 Who can be a contracting party

1. The operator concludes agreements under Part B only with businesses (§ 14 BGB), with legal entities such as associations, non-profit companies and foundations, and with public bodies. He does not conclude agreements under Part B with consumers.
2. Whoever registers a centre or concludes the agreement for it confirms that they may represent the centre.
3. The centre’s own terms and conditions only apply if the operator agrees to them in text form.

§ 6 Trial period

1. By registering under “For counselling centres”, the centre applies for a free trial period. The trial agreement is concluded when the centre lead receives the email with the link to set their password.
2. The trial period lasts 7 days. The end date is shown in “Manage centre” under “Trial until”. The operator can extend the trial period.
3. The trial period is free of charge. The centre does not book licences. Video in the room is included.
4. During the trial period, the centre has no public page. It tests with made-up data only and does not invite real people seeking support. There is no data processing agreement yet during the trial period.
5. The trial period ends by itself. It does not turn into a paid agreement automatically. The centre does not need to cancel anything.
6. After the last day of the trial, the platform blocks the centre. If no agreement under § 7 is concluded within 30 days, the operator may delete the centre with all accounts and data.

§ 7 Agreement on use

1. If the centre wants to continue, it tells the operator in text form, for example via Contact. The agreement is concluded when the operator confirms in text form. At the same time, both conclude the data processing agreement (AVV).
2. The centre processes real data of people seeking support on the platform only once the AVV has been concluded. Its data from the trial period is kept.
3. After the agreement is concluded, the operator adds the links to the centre’s legal notice and privacy information and publishes its public pages.
4. Anything agreed differently in an individual case, for example a special price in a pilot, takes precedence over these terms (§ 305b BGB). Such arrangements require text form.

§ 8 Services

1. The licence covers all functions of the platform, with no add-on packages:
   • an own profile in the directory for each counsellor with a licence and a page for the centre,
   • appointment booking from free times, a waiting list and an anonymous first message,
   • one room per counselling with messages and appointments, which people seeking support can also download,
   • video in the room (§ 10),
   • whiteboard, systemic board, position cards and prompt cards,
   • case notes for counselling online and in person, with all versions,
   • administration for the centre lead and office, handing over rooms and the centre’s statistics without names,
   • email reminders without content and the “Beratungsraum” app for people seeking support,
   • the Help on the platform and support under § 12.
2. How the functions work in detail is described in the Help. The state at the time the agreement is concluded applies, with the changes under § 9.
3. If the operator offers an AI draft for case notes, the centre decides whether its counsellors may use it. A draft is only a suggestion. The counsellor checks it and is responsible for the case notes.
4. The operator may use other providers for his services. For data of people seeking support, the rules of the AVV on sub-processors apply.

§ 9 Further development

1. The operator keeps developing the platform. He may change, add and replace functions if this is reasonable for the centre. A change is reasonable if the room with messages, appointments, video and case notes remains, security does not decrease and the centre does not have to pay more.
2. If a function the centre recognisably uses is removed or significantly restricted, the operator announces this in text form at least 6 weeks in advance. The centre can then terminate the agreement as of the day of the change. The operator points this out in the announcement.
3. If the operator has to act quickly, for example because of a security flaw, a legal obligation or because a provider discontinues a service, he may shorten the notice period. He informs the centre as early as possible.

§ 10 Video in the room and fair use

1. Video in the room is part of the licence. The technology is provided by a European provider on behalf of the operator (AVV, Annex 2).
2. Video in the room is subject to fair use of 3,000 participant minutes per licence and month, added up for the whole centre. Participant minutes count each person separately: a 60-minute session with two people is 120 participant minutes. 3,000 minutes are enough for about 25 such sessions per licence and month.
3. The centre does not see a counter. On request, the operator tells the centre its minutes.
4. If the centre is clearly above fair use in two consecutive months, the operator contacts it. If they cannot find a solution, the operator may switch video in the room for the centre to the counsellors’ own video links with one month’s notice. All other services remain.

§ 11 Zoom, calendars and other services of the centre

1. The centre and its counsellors can connect their own services voluntarily: the centre’s Zoom, a Microsoft or Google calendar, an own video link and a calendar subscription. The platform works fully without these services.
2. The centre or the counsellor uses these services under their own responsibility, with their own agreement with the provider. For Zoom, this includes a data processing agreement with Zoom and a paid Zoom licence for everyone who counsels via Zoom. In free Zoom, meetings end after 40 minutes. The terms and privacy notices of each provider apply to its service.
3. When the centre lead connects Zoom, they allow the platform, with the permissions shown when connecting, to create, update and delete a meeting for each video appointment in the centre’s Zoom account and to read the list of users. Only the start, the duration and the topic “Appointment” are sent to Zoom. The platform does not use the access for any other purpose. When a counsellor connects their calendar, the same applies to appointments in that calendar and to busy times without titles.
4. The centre can disconnect at any time, on the platform or with the provider. The platform then deletes the access data and the assignments. Past meetings and calendar entries remain with the provider. How this works is explained in the Help under Connecting Zoom.
5. The operator is not responsible for outages and changes of these services. If a service fails, people seeking support see the counsellor’s own link, if the counsellor has entered one.
6. The platform is not an offering of Zoom, Microsoft or Google. These providers are not parties to this agreement.

§ 12 Support

1. For technical questions, the operator helps via Contact or by email, Monday to Friday except public holidays in North Rhine-Westphalia. He usually replies within 2 working days. He fixes faults that prevent counselling as quickly as possible.
2. Support is for staff. People seeking support contact their centre. Support does not help in crises.
3. The operator does not need any content for support. The centre does not send him content from rooms or names of people seeking support. If, exceptionally, he needs access to content to fix a fault, § 4 Abs. 4 AVV applies.

§ 13 Availability, maintenance and backups

1. The platform is available 99 % of the time on monthly average. Available means: staff and people seeking support can sign in and read and write messages in the room. It is measured at the point where the data centre connects to the internet.
2. Not counted are announced maintenance of up to 4 hours per month, faults the operator is not responsible for, for example on the internet outside the data centre or due to force majeure, and faults of the services under § 11.
3. The operator announces maintenance at least 2 days in advance on the platform or by email. He schedules it between 10 pm and 6 am where possible. He may install urgent security updates without notice.
4. If availability is not reached, the centre has the statutory rights, in particular to a price reduction.
5. The operator backs up the data every night in encrypted form and regularly tests restoring it. The centre does not need to make its own backup of the platform.

§ 14 Licences and prices

1. Every person who counsels needs a licence. The centre lead only needs one if they counsel themselves. The office does not need one.
2. A licence costs €15 per month. This is a final price. The operator is a small business under § 19 UStG and does not charge VAT.
3. The centre lead books licences on the platform. A booked licence applies immediately and costs the whole current month. A reduction applies from the next month.
4. For each month, the highest number of licences booked in that month is charged.

§ 15 Invoice and payment

1. The operator invoices monthly in arrears, at the beginning of the month for the previous month. The invoice is sent by email to the centre’s billing address and is available as a PDF in “Manage centre”.
2. Invoices are payable within 14 days without deduction.
3. If the centre is in default, the statutory rules apply.
4. If an invoice is more than 30 days overdue, the operator sends a reminder in text form with a deadline of 14 days and says what will happen afterwards. If the centre still does not pay, the operator may take the centre’s public pages offline and block new bookings. Existing rooms remain accessible to people seeking support and counsellors, so that no ongoing counselling is cut off. The right to terminate for good cause (§ 17 Abs. 4) remains.
5. The centre may only set off claims that are undisputed or have been established by a final court decision.

§ 16 Price changes

1. The operator can change the price per licence with 3 months’ notice to the start of a month, at the earliest 12 months after the agreement is concluded and at most once in 12 months. He announces the change in text form and gives the reason, for example higher costs for servers, video or emails.
2. If the price rises, the centre can terminate the agreement as of the day of the change. The operator points this out in the announcement.

§ 17 Term and termination

1. The agreement runs for an indefinite period. There is no minimum term.
2. The centre can terminate as of the end of any month. The termination must be received by the last day of the month.
3. The operator can terminate with 3 months’ notice to the end of a month. This leaves time to finish counselling and take over data.
4. Both can terminate for good cause without notice. Good cause for the operator is, for example, payment arrears of more than two monthly amounts or a serious breach of §§ 19 or 20 that continues despite a warning. Good cause for the centre is, for example, a serious breach of the AVV by the operator.
5. Termination is possible via the form “Cancel a contract” in the footer of every page or in text form. The centre receives a confirmation immediately.

§ 18 End of the agreement

1. Until the end of the agreement, everything continues. The centre informs its people seeking support in good time and finishes ongoing counselling or agrees with them how to continue. Until then, people seeking support can download their messages.
2. When the agreement ends, the platform blocks the centre. Its pages disappear from the directory. Staff and people seeking support of the centre can no longer sign in.
3. On request, the operator hands over the centre’s data up to 30 days after the end. After that, he deletes all data of the centre. Details are set out in § 9 AVV.

§ 19 Obligations of the centre

1. Counselling. The centre is responsible for its counselling, professionally and legally. This includes the rules of its profession and counselling field, confidentiality, a procedure for crises and for risks to a child’s welfare, and honest information about when it replies.
2. Data protection. The centre is responsible for the data of its counselling (Art. 4 Nr. 7 DSGVO). It provides its own privacy information with the legal basis and retention period, chooses a retention period on the platform and checks whether it needs a data protection impact assessment. The operator gives it a template for this. Church and public bodies observe their own data protection law and involve their data protection officers.
3. Accounts. Only people who work for the centre get accounts. Each account belongs to one person and is not shared. Password and second factor are kept secret. If a person leaves the centre, the centre lead removes them from the team immediately. The centre obliges everyone with access, including the office, to confidentiality.
4. Public pages. The information on the pages of the centre and its counsellors must be correct. Only those entitled to a professional title or qualification may state it. The centre holds the rights to the photos, logos and texts it uploads. It states a legal notice and privacy information.
5. Devices. The centre provides its own devices with an up-to-date browser, screen lock and internet.
6. Reports. If the centre notices a fault, a security flaw or misuse, it tells the operator immediately.
7. Fees. If the centre charges a fee, it states it openly and settles it with the people seeking support itself, with its own invoices and taxes. The platform shows the scale and records whether payment has been made. The operator does not collect any money.

§ 20 What is not allowed

The centre and its staff do not use the platform to

• spread unlawful, offensive or misleading content,
• send people seeking support advertising or messages unrelated to their counselling,
• collect or pass on data of people seeking support for other purposes,
• circumvent security measures, use other people’s accounts or attack the platform,
• read the platform automatically or put heavy load on it, unless the operator agrees in advance.

§ 21 Blocking

1. If a centre or a staff member seriously breaches §§ 19 or 20, the operator may take a counsellor profile offline, block an account or, in serious cases, block the centre. He chooses the mildest measure that is sufficient and informs the centre in advance. Only if damage is imminent does he block without warning and inform afterwards.
2. When blocking, the operator keeps the people seeking support in mind: rooms are kept, and the centre lead can hand them over to another counsellor.
3. Once the reason no longer applies, the operator lifts the block.

§ 22 Staff of a centre

1. Staff of a centre have no agreement of their own with the operator. By setting up their account, they undertake to comply with §§ 19 to 21.
2. The centre is responsible to the operator for its staff.
3. Anyone who works alone registers an own practice and is then a centre themselves.

§ 23 Rights to content and software

1. The centre’s content remains its own. The operator only uses it to run the platform for the centre.
2. For its public pages, the centre grants the operator, for the term of the agreement, the simple right to show texts, photos and logos in the directory, in the platform’s search, in link previews and in the information for search engines.
3. For the term of the agreement, the centre receives the simple, non-transferable right to use the platform in the browser and in the app. All rights to the “Beratungsraum” software remain with the operator. Rights under free software licences remain unaffected.
4. The operator may freely use the centre’s suggestions for further development.

§ 24 Liability

1. The operator is liable without limitation for intent and gross negligence, for injury to life, body or health, under the German Product Liability Act and insofar as he has given a guarantee.
2. For simple negligence, the operator is only liable if he breaches an essential obligation. An essential obligation is one that makes the agreement possible in the first place and on which the centre may rely, for example running the rooms and protecting the data. Liability is then limited to the damage that was typical and foreseeable when the agreement was concluded.
3. For defects that already existed when the agreement was concluded, the operator is only liable if he is responsible for them. Liability without fault under § 536a Abs. 1 BGB is excluded.
4. The centre alone is responsible for the counselling and for its content. If third parties make claims against the operator because of this, the centre indemnifies him insofar as it is responsible for the breach.
5. Liability towards data subjects under Art. 82 DSGVO remains unaffected. Between the centre and the operator, § 12 AVV applies.
6. These rules also apply to people working for the operator.

§ 25 Confidentiality

Both treat confidential information of the other side confidentially, also after the agreement ends. For data of people seeking support, the AVV takes precedence.

§ 26 Changes to these terms

1. The operator can change Part A and Part B if laws or case law change, if he adds new functions, if a provider under § 8 Abs. 4 changes its terms or to close a gap. He only changes the price and the core of the service under §§ 9 and 16.
2. He sends the change in text form at least 6 weeks before it is to apply and shows what changes. Until then, the centre can object or terminate the agreement as of the day of the change. If it does not object, the new version applies. The operator points this out in the announcement.
3. If the centre objects, the agreement continues under the previous terms. The operator can then terminate with the notice period under § 17 Abs. 3.

§ 27 Transfer of the agreement

The operator may transfer the agreement with all rights and obligations, including the AVV, to a company that continues to run the platform and in which he holds a significant stake. He announces this in text form at least 6 weeks in advance. The centre can terminate the agreement as of the day of the transfer.

§ 28 Final provisions

1. German law applies.
2. The place of jurisdiction for merchants, legal entities under public law and special funds under public law is Krefeld.
3. In case of contradictions, this order applies: individual arrangements in text form, then the AVV for everything concerning data protection, then these terms, then the Help as a description of the functions.
4. Declarations under these terms require text form unless otherwise stated.
5. The German version is binding. The English version is a reading aid.

Part C: For people seeking support

§ 29 What this is about

1. This part sets out what applies when you use the platform to look for or receive counselling. I, Heiner Fischer, operate the platform (§ 1). It is free of charge for you.
2. You receive your counselling from a counselling centre or practice. You agree the counselling with them. They and your counsellor are responsible for the counselling. I do not read your messages. If I am your counsellor myself, I act as your centre.
3. If counselling at a centre costs something, this is shown beforehand on your counsellor’s profile. The first session is then free of charge. Payment goes to the centre.
4. When you create an account, you agree to these terms.

§ 30 In a crisis

1. The platform is not an emergency service. Your counsellor does not read your message immediately. At night, at weekends and during holidays, it can take longer.
2. If you do not know what to do or are thinking about suicide, call immediately. Telefonseelsorge (German crisis line), free of charge, day and night: 0800 111 0 111 or 0800 111 0 222. In an emergency: 112.
3. If you experience violence: Hilfetelefon Gewalt gegen Frauen (helpline for women affected by violence), day and night, 116 016. Hilfetelefon Gewalt an Männern (helpline for men affected by violence), 0800 1239900, Monday to Thursday 8 am to 8 pm, Friday 8 am to 3 pm.

§ 31 Your account

1. You can use the platform from the age of 16.
2. All you need is a pseudonym and a password. Choose a pseudonym that does not reveal your name and does not otherwise show who you are.
3. Your account belongs to you alone. Keep your password and your recovery code secret. If others use your device, sign out after the counselling.
4. An email address is optional. Ideally, use one that only you read.

§ 32 Respect

1. Treat your counsellor and other participants with respect.
2. The following is not allowed:
   • insulting or threatening others,
   • sending or drawing unlawful content,
   • recording a video session or taking pictures of it if not everyone has agreed,
   • passing on your sign-in details or using another person’s account,
   • sending advertising or attacking the platform.
3. If you do not keep to this, your counsellor can end the counselling. In serious cases, I block your account.
4. What you write or draw belongs to you. The platform only uses it for your counselling.

§ 33 Deleting your account

1. You can stop at any time and delete your account yourself under “Account and security”. You do not need to cancel anything.
2. When you delete it, your pseudonym, password, recovery code and email address are gone immediately. Upcoming appointments are cancelled. Your rooms remain closed with the centre until its retention period ends. If you want everything deleted sooner, contact the centre. If you want to keep your messages, download them first.
3. The platform deletes an account without a room after 30 days. Your account also ends when your last room is deleted.
4. If your centre stops using the platform, it lets you know in advance.
5. More on this in the privacy notice.

§ 34 Availability and liability

1. I make sure the platform runs reliably and schedule maintenance at night where possible. You are not entitled to it always being available.
2. I am liable without limitation for intent and gross negligence, for injury to life, body or health and under the German Product Liability Act. For simple negligence, I am only liable if I breach an essential obligation. That is an obligation you may rely on, for example protecting your data. I am then liable for the damage that is typical and foreseeable.
3. Your centre is responsible for the counselling itself.

§ 35 Changes

If I change these terms, I tell you beforehand in your room. Changes that put you in a worse position only apply to you once you agree. If you do not want to agree, you can delete your account.

§ 36 Law and disputes

1. German law applies. If you live in another EU country, you keep the protection that the law there gives you mandatorily.
2. I do not take part in dispute resolution proceedings before a consumer arbitration board. I am not obliged to do so (§ 36 VSBG).
3. Send technical questions via Contact. Ask your centre questions about your counselling.
4. The German version is binding. The English version is a reading aid.