Terms and Conditions
General Terms and Conditions Lab E GmbH (status: April 2025)
§1 Scope and Contracting Parties
(1) These General Terms and Conditions (GTC) apply to all contracts between Lab E GmbH, Kupfergasse 4/1, 73728 Esslingen (hereinafter referred to as "Provider") and its customers regarding services, including Virtual Reality Exposure Therapy (VRET) system subscriptions (hereinafter: VT license), VR glasses, and training courses..
(2) These terms and conditions are exclusively directed at entrepreneurs within the meaning of § 14 of the German Civil Code (a natural or legal person or a partnership with legal capacity that acts in the course of concluding a legal transaction in the exercise of their commercial or independent professional activity).
§2 Subject of the contract
(1) The provider offers the following services: a) License for the use of the VT system for VRET and for individual VR video content, b) Purchase or rental of VR headsets, c) Training sessions.
(2) The exact scope of services is determined by the respective product description.
§3 Conclusion of contract
(1) The contract is concluded by the acceptance of the customer's offer by the provider.
(2) When placing online orders, the customer submits a binding order by clicking the "Order" button. The contract is concluded upon sending an order confirmation via email.
(3) Registration for training courses is done exclusively online. The contract is concluded upon sending a registration confirmation..
§4 Services
VT system and VR applications
(1) The provider makes a VR system available to the customer for the duration of the contract to conduct virtual exposures as part of a psychotherapeutic treatment.
(2) The minimum contract duration is 12 months, unless otherwise agreed in writing. The contract will automatically renew for an additional 12 months unless it is terminated in text form with a notice period of 1 month before the end of the term.
(3) The customer agrees to use the VT system properly and exclusively for the contractually intended purpose. The customer is liable for any damages resulting from improper handling or misuse.
(4) The provider grants the customer a non-exclusive, non-transferable license to use the VR applications within the framework of psychotherapeutic treatment for the duration of the contract. Any transfer to third parties or use for other purposes is prohibited.
(5) The optional use of the VR applications by patients in the home environment is done at the sole responsibility and risk of the customer. The provider only offers the technical capability for this and extends the customer's usage license to their patients.
(6) Additional license fees apply for use in accordance with paragraph 5, which will be charged to the patient by the provider. The exact scope of services and the terms of use are derived from the respective product description, which becomes part of the contract.
(7) The provider reserves the right to update, modify, or expand the software components of the VT system and the VR applications (VR videos) as long as it is reasonable for the customer and does not jeopardize the purpose of the contract.
(8) Hardware Recommendations and Responsibilities
a) The provider offers the customer non-binding recommendations for suitable and tested hardware for using the VT system. These recommendations particularly include VR headsets as well as browser-based devices..
b) The procurement, provision, and maintenance of the required hardware is the sole responsibility of the customer. The customer bears full responsibility for the selection, acquisition, and suitability of the hardware they use. Selected hardware models can also be purchased or rented directly from the provider..
c) The provider does not guarantee the functionality, compatibility, or performance of hardware that does not meet its recommendations. The use of non-recommended hardware is at the customer's own risk..
d) The customer ensures that the hardware they use meets the technical minimum requirements specified in the provider's current product documentation..
e) The provider reserves the right to update the hardware recommendations and technical minimum requirements. The customer will be informed of such changes in a timely manner..
(8) The customer is obligated to inform the provider immediately in writing if they become aware that third parties have gained access to their login credentials or have unlawfully accessed their user account(s)..
(9) In the event of a contract termination or cancellation, all usage rights of the customer will cease. The customer is obligated to return the VT system to the provider immediately and to delete all installed copies of the VR videos from their systems..
Online education courses and services
(1) Online training courses and other online services (hereinafter referred to as "courses") can be purchased individually or are part of a contractual model for the VT system with VR applications. The provisions listed in the respective product descriptions apply.
(2) Participation in courses is at the customer's own responsibility and risk. The provider is not liable for damages arising from the use of the courses, unless they are based on intent or gross negligence of the provider.
(3) The provider reserves the right to make changes to the program and the speakers, as long as this is reasonable for the customer and does not jeopardize the purpose of the contract.
(4) CME points are awarded after successful participation and in accordance with the requirements of the relevant medical or psychotherapist chamber. The awarding of points requires the fulfillment of the participation conditions specified in the product description to ensure compliance with the applicable continuing education regulations.
(5) Provision of course content
a) The provider offers the customer free access to the course content in a protected customer area on the provider's website.
b) Access to the customer area requires the creation of a personal customer account. The customer is responsible for keeping their access data confidential.
c) The provider assumes no liability for the availability, security, or integrity of course content that is provided at the customer's request through alternative means.
d) The customer assumes the risk of loss, damage, or unauthorized access to course content that is provided at their request outside of the protected customer area.
e) The provider reserves the right to change the delivery methods and their conditions with reasonable notice, as long as this is reasonable for the customer.
(6) The customer is entitled to use the courses exclusively for personal use. Any transfer to third parties or enabling access by third parties is prohibited without prior written consent from the provider. The customer agrees to strictly adhere to the copyright provisions in accordance with §8 of these terms and conditions.
(7) The customer is obliged to inform the provider immediately in writing if they become aware that third parties have gained access to their login credentials or have unlawfully accessed their courses. If the customer fails to provide this immediate notification, they are liable to the provider for any resulting damages, to the extent that the customer is responsible for them.
(8) The provider reserves the right to temporarily or permanently suspend the customer's access to the courses and/or to terminate the contractual relationship extraordinarily in the event of violations of these provisions.
§5 Prices and Payment Terms
All prices are quoted as net prices plus the statutory value-added tax. Payment is made in accordance with the agreed terms. In the event of late payment, the statutory regulations apply.
§6 Termination
Regular termination
(1) The contract duration and the conditions for regular termination are based on the respective product and service descriptions that are part of the contract.
(2) For the VT system, including the associated VR applications, a minimum contract term of 12 months applies unless otherwise specified in the product and service description.
(3) After the minimum contract term has expired, the contract will automatically renew for an additional 12 months unless terminated by either party with a notice period of 1 month before the end of the respective term.
(4) Any subsequently acquired VR applications are only valid and usable within the framework of an existing VT system contract. Their duration is tied to the duration of the main contract for the VT system.
(5) The cancellation must be made in text form (§ 126b BGB). The customer can terminate the contract via email, fax, or letter to the contact details provided in the imprint.
(6) The provider will promptly confirm the receipt of the cancellation in text form.
Extraordinary termination
(1) The statutory right to extraordinary termination for important reasons remains unaffected for both contracting parties. An important reason exists particularly when:
a) a contracting party repeatedly violates essential contractual obligations despite a warning;
b) the provision of the contractually agreed service is no longer possible due to legal regulations;
c) If an insolvency proceeding is opened regarding the customer's assets or the opening is rejected due to lack of assets, or enforcement measures against the customer remain unsuccessful.
(2) The extraordinary termination requires written form (§ 126b BGB). The customer can terminate the contract via email, fax, or letter to the contact details provided in the imprint.
(3) In the event of changes to these terms and conditions, the customer is entitled to terminate the contract extraordinarily and free of charge at the time the changes take effect, provided that the changes are not merely insignificant to their disadvantage.
(4) Upon the effectiveness of the termination, the right to use the VT system, the VR applications, and all other services agreed upon in the contract (e.g., training, VR points, additional users) ceases. Fees already paid in advance for unused service periods will be refunded on a pro-rata basis.
(5) The receipt of the cancellation will be confirmed to the customer immediately in text form.
(6) In the event of an extraordinary termination by the provider due to an important reason for which the customer is responsible, the provider reserves the right to claim damages in accordance with the legal provisions.
§7 Liability
The provider's liability is limited to intent and gross negligence, except in cases of violation of essential contractual obligations or in the event of damage to life, body, or health.
§8 Copyright and industrial property rights
(1) All software components of the VT system, content on the website, in presentations, scripts, or event materials, VR applications, as well as service and training materials from the provider are protected by copyright. The customer is not permitted to reproduce, distribute, or publicly display such materials.
(2) The participant of the courses is not permitted to make image, film, or audio recordings of the course materials or live presentations without the express permission of the provider.
(3) The participant agrees that the provider may create and use images, film, and/or audio recordings of the event featuring the participant for advertising purposes. The participant has the right to revoke or limit this consent at any time.
§9 Data protection
(1) Data processing
The processing of personal data is carried out in accordance with the applicable data protection regulations. Details can be found in the privacy policy..
(2) Rights of the Affected
Data subjects have the right to access, rectification, erasure, and restriction of processing of their data in accordance with the GDPR.
§10 Dispute resolution
In the event of disputes, the parties agree to conduct mediation before resorting to legal action.
§11 Final Provisions
The place of jurisdiction for all disputes arising from the contractual relationship is, to the extent permitted by law, the location of the provider.
If any individual provisions of these terms and conditions are invalid, the validity of the remaining provisions shall remain unaffected.
