Platform Terms & Conditions
These platform conditions (“Conditions”) apply to all services (“Services”) provided by us, GetTilo (“GetTilo”), via the website https://gettilo.com as well as all associated mobile and browser applications or extensions (all together “Platform”).
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
- By registering to use our Platform by ticking the appropriate box on the Website or Application or by any other use of the Platform, you agree to be legally bound by these Terms.
- These conditions apply to all user groups, in particular, but not limited to verified business teachers (“teachers”), Verified business Partners (“Partners”), qualified cooperation in a training program (“trainees”), as well as company representatives (“clients”), all jointly or individually referred to as “users”.
- GetTilo reserves the right to change or amend the rules contained in these Platform Terms and Conditions. If we update these terms and conditions, we will notify all users of such updates within a reasonable period. Users may object to the application of the new requirements within this period. If there is no objection, this constitutes consent to the updated version.
- We will only accept conflicting or deviating terms and conditions of our users if we expressly agree to their validity in writing in advance.
2. User account, data protection and services
- In order to use our services you have to create a user account. You agree to provide all information completely and truthfully and to keep your account current at all times. In addition, you agree to keep your password and account access protected and not accessible to third parties and accept all associated security risks due to unauthorised access by third parties.
- Our data protection declaration, available at http://gettilo.com/data-privacy/, which ensures the confidential use and protection of your data and whose validity all users except when using the platform, applies.
- By opening your user account, you gain access to our services and can use our platform, including the content provided therein. This right of access and use is subject to full compliance with these conditions. We reserve the right to update and supplement the platform and content at our own discretion.
- Our trainers do not provide medical or psychotherapeutic advice. For a given indication, trainers are instructed to refer to the appropriate experts.
- GetTilo does not owe a particular success but merely provides the contact to trainers who determine the contents of your training sessions individually under consideration of applicable training guidelines.
- GetTilo is not obliged to provide uninterrupted access to the platform. Temporary interruptions of operations due to the regular maintenance work, system immanent disturbances of the Internet with external providers or with external network operators, and force majeure are possible. Users, therefore, have no claim to uninterrupted access to the Service at any time.
- Limited availability for system maintenance shall be during the necessary maintenance periods, and interruptions for offline backups shall be within reasonable limits.
- GetTilo reminds the users that restrictions or impairments of the provided services can occur, which are outside the sphere of influence of GetTilo. This includes in particular actions of third parties that do not act on behalf of GetTilo, technical conditions of the internet that cannot be influenced by GetTilo, as well as force majeure. The hardware, software and technical infrastructure used by the users can also affect the services of GetTilo. As far as such circumstances influence the availability or functionality of the platform, this does not affect the contractual conformity of the provided services and is to be assigned to the sole risk sphere of the user. The user is not released from his payment obligation by such circumstances.
3. Plans, Sessions and Access
- Free plan users are entitled to 1 training session on a weekly basis, unless otherwise expressly agreed in writing.
- Paid plan users are entitled to:
- Online Sessions: 12 training sessions (prerecorded and up to 15 minutes) on a weekly basis through the weekly sync, unless otherwise expressly agreed in writing.
- Unlimited interactions and sessions with Tilo assistant
- Access to GetTilo app on slack
- Mentoring through external partners: Through the Tilo Assistant tool, the User may be redirected to a network of specialists or mentors to give technical support about specific topics, which is solely for assistance. Therefore, the User understands that they have no relationship with GetTilo, without being at any time obliged to carry out any consultation or to pay any consideration to GetTilo. GetTilo is not responsible for the performance or advice of the mentors in any case
In the event of overdue remuneration, we reserve the right to pause performance in full until the outstanding liabilities have been settled. This does not release the customer from his obligation to pay.
4. Platform usage and restrictions
- As a user, you assume full responsibility for the use of our services, in particular, the use of the following functions:
- Video and chat function
- Appointment booking and calendar function
- Activities and learning content
- Ratings and Feedback
- Accounting function
- User Profile, Assessments and Progress
- Interactions with other users and transmission of own content
- The following uses are expressly prohibited:
- Passing on your access or content to third parties against payment or free of charge
- Any publication (including social media) of content without prior express written permission by GetTilo
- Any use for purposes other than those specified in the contract
- Any violation of property rights or copyrights of GetTilo or third parties
- Any use for users who are not of legal age
- Any unlawful, defamatory, fraudulent or unethical conduct or statement
- Any record, download or duplication of our content
5. Reservation of rights
GetTilo reserves all intellectual property and other rights to the platform, software, content, the GetTilo website, trademarks, and the GetTilo logo, including any adjustments and customisations. Any use outside of these conditions requires the explicit prior consent of GetTilo. Our trainers need no further permission if they present themselves in social networks, professional networks and internet presence as GetTilo trainers.
6. User feedback and references
- GetTilo regularly asks its users for feedback. This feedback is always voluntary and usually confidential. GetTilo reserves the right to use completely anonymous feedback to improve our services and reporting purposes and make it available to users with a legitimate interest while maintaining data protection.
- Our customers and users agree to be cited by GetTilo as a reference and authorise the corresponding logo. The right of service can be revoked at any time by sending a simple declaration to DPO@gettilo.com.
- In principle, the statutory regulations on warranty shall apply unless these contractual conditions contain deviating agreements.
- The use of our services and the platform is at the user’s own risk, and we do not assume any guarantee of quality, warranties or guarantees. In particular, we accept no liability for the completeness, accuracy, availability, accessibility, safety or reliability of the services provided.
a. GetTilo is liable without contractual limitation only for damages:
- which are based on an intentional or grossly negligent breach of duty by GetTilo,
- from the injury of life, body or health, which are based on a negligent breach of duty of GetTilo,
- within the scope of liability according to the regulations of the product liability law, guarantees granted to the user or due to fraudulent deception on the part of GetTilo.
b. For damages, which are based on a slightly negligent violation of an essential duty, the liability of GetTilo is limited to the amount of the damage, which is predictable and typical according to the nature of the business in question. Essential are obligations whose violation endangers the achievement of the purpose of the contract or whose fulfilment enables the proper execution of the agreement in the first place and on whose compliance you regularly rely as well as consulting, protection and care obligations which are intended to enable the client to use the services under the contract or to protect the life or limb of the user or to protect the user’s property from substantial damage.
c. A further liability of GetTilo is excluded.
d. The liability regime in this disclaimer clause including the exclusions and limitations, also apply to the personal liability of organs, employees, representatives and vicarious agents of GetTilo, including GetTilo.
9. Release from liability
The users indemnify GetTilo from all claims of third parties, which are because the respective user has not adhered to these conditions. This also includes the costs for legal defence against asserted claims.
10. INTELLECTUAL PROPERTY RIGHTS
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
- These conditions and the entire legal relationship between users and GetTilo are subject to the Federal Republic of Germany laws excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Place of performance and exclusive jurisdiction and all disputes arising from this contract is our business place.
- Should individual provisions of this contract be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, this shall not affect the validity of the remainder of the agreement. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come as close as possible to the economic objective pursued by the parties to the contract with the invalid or unenforceable provision. The above conditions shall apply mutatis mutandis in the event that the contract proves to be incomplete.